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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Falcon Cable Systems Company II LP ) File No. EB-11-SF-0120
Community Unit ID: CA1118 )
Aromas, CA ) NOV No. V201132960016
)
NOTICE OF VIOLATION
Released: September 29, 2011
By the District Director, San Francisco 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 Falcon Cable Systems Company II LP
("Falcon"), operator of a cable system in Aromas, California.
2. On July 26, 2011, in response to a complaint that a signal was
interfering with the California Department of Forestry and Fire
Protection (CALFIRE) land mobile units and fire station operating on
151.2500 MHz in Aromas, California, an agent from the Enforcement
Bureau's San Francisco Office located the interfering signal on
151.2500 MHz to sporadic cable signal leakage from Falcon's cable
system in the area between the 400 and 600 blocks of Carpenteria Road
in Aromas, California. During the course of the investigation, the
agent inspected Falcon's cable system located in Aromas, California
and observed the following violations:
a. 47 C.F.R. S: 76.613: "(a) Harmful 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. (b) [A multi-channel video programming
distributor] that causes harmful interference shall promptly take
appropriate measures to eliminate the harmful interference." At the time
of inspection, the agent observed signal leakage in close proximity to
CALFIRE's fire station on Carpenteria Road, which was capable of causing
harmful interference to the reception of fire communications on 151.2500
MHz.
b. 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 mV/m on the frequency of 133.2625
MHz at:
1) 512 Carpenteria Rd (corner Rea Ave.) 235 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Falcon 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 Falcon. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent to Falcon 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
Thomas N. Van Stavern
District Director
San Francisco 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