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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Atlantic Broadband ) File No. EB-07-PA-260
)
Curwensville, Pennsylvania ) NOV No. V20073240017
)
NOTICE OF VIOLATION
Released: September 20, 2007
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Atlantic Broadband, operator of
cable system serving Curwensville, Pennsylvania (Community Unit No.
PA-0200).
2. On August 14, 2007 and August 16, 2007, an agent of the Commission's
Philadelphia Office inspected the Atlantic Broadband cable system
located in Curwensville, Pennsylvania and observed the following
violation:
47 C.F.R. S: 76.605(a)(12): "As an exception to the general provision
requiring measurements to be made at subscriber terminals, and without
regard to the type of signals carried by the cable television system,
signal leakage from a cable television system shall be measured in
accordance with the procedures outlined in 76.609(h) and shall be limited
as follows: Over 54 MHz up to and including 216 MHz...... 20 micro-volts
per meter, measured at 3 meters." At the time of the inspection, the agent
measured signal leakage in excess of 20 micro-volts per meter (mV/m) on
the frequency of 127.2625 MHz at the following locations:
Frequency Signal Strength
Date Location
(MHz) (uV/m)
405806 N 0783025 W
08/14/07 127.2625 86.8
1175 Bloomington Avenue
405905 N 0783015 W
08/14/07 127.2625 141.5
pole # 73693 on Route T459.
405724 N 0783024 W
08/14/07 127.2625 129.3 intersection of Route T454
and T457
(Ed Bloom Road)
405804 N 0783020 W
08/16/07 127.2625 68.3 about 30 feet East of Stop
Sign at Intersection of
Routes T459 and T454.
405808 N 0783135 W
08/16/07 127.2625 117.3
pole 73774 at 631 Schofield
Street.
405939 N 0783140 W
08/16/07 127.2625 40.1
428 Walnut Street
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Atlantic Broadband must
submit a written statement concerning this matter within twenty (20)
days of release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of the
cable operator. All replies and documentation sent in response to this
Notice should be marked with the File No. and NOV No. specified above,
and mailed to the following address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Atlantic Broadband at its address of
record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403..
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission