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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Comcast of New Mexico, Inc. ) File No. EB-09-DV-0115
Physical System ID # 001111 )
Socorro, New Mexico ) NOV No. V201032800011
)
NOTICE OF VIOLATION
Released: January 5, 2010
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Comcast of New Mexico, Inc.
("Comcast"), operator of a cable system in Socorro, New Mexico.
2. On December 1, 2009, an agent of the Enforcement Bureau's Denver
Office inspected the Comcast cable system located at Socorro, New
Mexico, and observed the following violations:
a. 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 S: 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, an agent observed signal leakage on the frequency of
121.2625 MHz at the following locations:
1) Power pole in front of 509 Bullock Blvd., near Bee Ct. 108 uV/m
2) Power pole near 509 E. Newberry Road 494 uV/m
3) Near Baca Hall Room 108 on the campus of the New
Mexico Institute of Mining & Technology ("NMIMT"),
near Neel Street by Goad Avenue 55 uV/m
4. Near "Ben D. Altamirano Student Apartments" Sign on the
campus of the NMIMT by Vista Drive and Neel Street 73 uV/m
a. 47 C.F.R. S: 76.612(a)(1): "All cable television systems which
operate in the frequency bands 108-137 and 225-400 MHz shall comply
with the following frequency separation standards: All such cable
carriers or signal components shall be offset by 12.5 kHz with a
frequency tolerance of +/- 5kHz." At the time of the inspection, an
agent observed the following channel was operating outside the
allowable frequency tolerance:
Channel 43 (GG) Measured 337.250 MHz, Authorized 337.2625 MHz
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Comcast must submit a
written statement concerning this matter within 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 Comcast.
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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Comcast of New Mexico, Inc., 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
Nikki P. Shears
District Director
Denver District Office
Western 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