Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Champion Broadband Colorado, LLC
) File Number: EB-06-DV-093
Operator of Cable Television System
) NAL/Acct. No.: 200632800002
Community Unit ID: CO0245
) FRN: 0011332871
Physical System ID: 008880
)
Holly, CO
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 28, 2006
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Champion Broadband Colorado, LLC ("Champion"), operator of a
cable television system in Holly, Colorado, apparently willfully and
repeatedly violated Section 76.605(a)(12) of the Commission's Rules
("Rules") by operating its cable system in violation of cable signal
leakage standards. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Champion is
apparently liable for a forfeiture in the amount of eight thousand
dollars ($8,000).
II. BACKGROUND
2. On March 28, 2006, an agent of the Enforcement Bureau's Denver Office
conducted cable television signal leakage measurements of Champion's
cable television system serving Holly, Colorado. The agent identified
and measured four leaks on aeronautical frequency 121.2625 MHz. The
leaks ranged in signal strength from 385 uV/m to 1,428 uV/m. (See
Attachment A). Section 76.605(a)(12) of the Rules limits basic signal
leakage in the frequency band from 54 MHz up to and including 216 MHz
to 20 uV/m at a distance of 3 meters at any point in the system.
Because Champion was operating on aeronautical frequencies, the system
also was subject to the requirement in Section 76.611(a)(1) of the
Rules that it conduct measurements annually to ensure that the
totality of the system's leaks does not exceed a Cumulative Leakage
Index ("CLI") value of 64. The agent determined that the calculated
value of the CLI for all four leaks combined was 64.8. The agent then
contacted Champion's Director of Operations, at 4:45 p.m. MST, March
28, 2006, and informed him that the Holly, Colorado, cable system
exceeded the CLI limit. Because of the potential hazard to public
safety caused by the leaks, the Denver agent instructed Champion to
either cease operations or reduce power on the aeronautical
frequencies until the leaks could be repaired. Champion stated that a
repair technician would be dispatched on March 29, 2006, from Eads,
Colorado. Eads is approximately 63 miles from Holly, Colorado.
3. On March 29, 2006, the Denver agent again made measurements at the
same four locations where cable signal leaks were discovered the day
before. The agent identified and measured four leaks on aeronautical
frequency 121.2625 MHz. On this day, the leaks ranged in signal
strength from 330 uV/m to 1,878 uV/m. The agent determined that the
calculated value of the CLI for all four leaks combined was 67.2.
Later that day, Champion shut down all aeronautical channels on its
Holly, Colorado system, in response to the verbal notice given the day
before to bring the system into compliance. The Denver Office then
sent a written Order to Cease Operations ("Shut-Down Order") to
Champion's corporate headquarters, via fax and regular mail. After
Champion made repairs to the system, the Denver agent re-inspected the
system, on March 29, 2006, and found the cable system in compliance
with CLI. After the FCC re-inspection on March 29, 2006, Champion
returned their aeronautical channels to operation.
III. DISCUSSION
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. The Commission established cable signal leakage rules to ensure that
emissions from cable systems do not cause harmful interference. In
this regard, the Commission established basic signal leakage standards
in Section 76.605(a)(12) of the Rules, which limit the amount of
signal leakage that is permitted at any given point in the cable
system. Specifically, leakage at any given point must not exceed 20
microvolts per meter (uV/m) at a distance of 3 meters. The Commission
also recognized that it was particularly important to protect
aeronautical frequencies from harmful interference. The Commission
therefore adopted Section 76.611(a)(1) of the Rules, which sets a CLI
that must be met before a cable system may operate on aeronautical
frequencies. Because of potentially hazardous interference to air
navigation and other authorized safety services caused by excessive
cable signal leakage, a cable system`s CLI must not exceed 64 if the
system is to operate on aeronautical frequencies.
6. Champion was made aware of the cable signal leakage, in excess of the
permitted CLI, on aeronautical frequency 121.2625 MHz at its Holly,
Colorado, system on March 28, 2006, but Champion did not repair or
cease operations on that system's aeronautical channels until March
29, 2006, despite a warning from a Denver agent. Therefore, Champion's
violation was willful. The violation occurred on more than one day,
therefore, it was repeated. Based on the evidence before us, we find
that on March 28 and 29, 2006, Champion apparently willfully and
repeatedly violated Section 76.605(a)(12) of the Rules by operating
its cable system in violation of signal leakage standards.
7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for violation of rules relating to distress and
safety frequencies is $8,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set forth
in Section 503(b)(2)(D) of the Act, which include the nature,
circumstances, extent, and gravity of the violations, and with respect
to the violator, the degree of culpability, and history of prior
offenses, ability to pay, and other such matters as justice may
require. Applying the Forfeiture Policy Statement,
Section 1.80, and the statutory factors to the instant case, we conclude
that Champion is apparently liable for an eight thousand dollar ($8,000)
forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Champion Broadband Colorado,
LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of eight thousand dollars ($8,000) for
violations of Section 76.605(a)(12) of the Rules.
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Champion Broadband
Colorado, LLC SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
10. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
transfer may be made to ABA Number 043000261, receiving bank Mellon
Bank, and account number 911-6106.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
Wadsworth Blvd., Suite 303, Lakewood, CO 80226 and must include the
NAL/Acct. No. referenced in the caption.
12. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
13. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Champion Broadband Colorado, LLC at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau
ATTACHMENT A
Field strength measurements of Champion Broadband Colorado, LLC (PSID:
008880)
MEASUREMENT DATE: March 28, 2006 FREQUENCY: 121.2625 MHz
Signal Leakage Field
Measurement Location Strength, (uV/m @ 3
meters)
Pole across from Leiker Mercantile Building
1 near the intersection of South 3rd and East 1438
Sante Fe Streets
Pole across from Leon's Repair near the
2 intersection of South 5th and West Sante Fe 548
Streets
3 Pole in back of 109 Highlander Drive 727
4 Pole in alley back of 217 North 7^th Street 385
MEASUREMENT DATE: March 29, 2006 FREQUENCY: 121.2625 MHz
Signal Leakage Field
Measurement Location Strength, (uV/m @ 3
meters)
Pole across from Leiker Mercantile Building
1 near the intersection of South 3rd and East 1878
Sante Fe Streets
Pole across from Leon's Repair near the
2 intersection of South 5th and West Sante Fe 637
Streets
3 Pole in back of 109 Highlander Drive 1084
4 Pole in alley back of 217 North 7^th Street 330
47 C.F.R. S 76.605(a)(12).
47 U.S.C. S 503(b).
47 C.F.R. S 76.605(a)(12).
47 C.F.R. S 76.611(a)(1).
The Shut-Down Order required Champion to suspend operation of the entire
cable plant in the "critical bands" (108 - 137 MHz and 225 - 400 MHz) in
order to eliminate potentially hazardous interference to air navigation
and other authorized safety services. The Shut-Down Order also required
Champion to submit a complete report to the Denver Office outlining its
efforts to eliminate all leaks in excess of 20 microvolts per meter. The
report was to include the location of all leaks, along with their measured
value in microvolts per meter at three meters, both before and after the
repair.
In response to the Shut-Down Order, Champion sent the Denver Office a fax
of the leakage log dated March 29, 2006, but failed to fully respond to
the Shut-Down Order's requirements. On April 4, 2006, Champion was
contacted by the Denver Office on this matter and was requested to
completely respond to the Shut-Down Order and all of its requirements
before the Denver Office would issue a Removal of the Order to Cease
Operations. On April 4, 2006, Champion filed a written response to the
Shut-Down Order which revealed no monitoring reports had been filed with
the FCC, and on April 12, 2006, the Denver Officer sent Champion a written
Removal of Order to Cease Operations.
Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'repeated', when used with reference to the
commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."
Memorandum Opinion and Order, Amendment of Part 76 of the Commission's
Rules to Add Frequency Channelling Requirements and restrictions and to
require Monitoring for Signal Leakage from Cable Television Systems,
Docket No. 21006, 101 FCC 2d 117, para. 14 (1985).
47 C.F.R. S76.605(a)(12).
The aeronautical bands are 108-137 MHz and 225-400 MHz. These frequencies
encompass both radionavigation frequencies, 108-118 MHz and 328.6-335.4
MHz, and communications frequencies, 118-137 MHz, 225-328.6 MHz and
335.4-400 MHz. Deserving particular protection are the international
distress and calling frequencies 121.5 MHz, 156.8 MHz, and 243 MHz. See 47
C.F.R. S76.616. These frequencies are critical for Search and Rescue
Operations including use by Emergency Locator Transmitters on planes and
Emergency Position Indicating Radio Beacons on boats. See generally 47
C.F.R. Part 80, Subpart V and 47 C.F.R. SS 87.193-87.199.
Section 76.613(a) states that "[h]armful interference is any emission,
radiation or induction which endangers the functioning of a
radionavigation service or of other safety services or seriously degrades,
obstructs or repeatedly interrupts a radiocommunication service operating
in accordance with this chapter." See 47 C.F.R. SS2.1 & 76.613(a).
47 C.F.R. S76.611(a)(1).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 76.605(a)(12).
See 47 C.F.R. S 1.1914.
(...continued from previous page)
Federal Communications Commission
5
Federal Communications Commission