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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CC Michigan LLC ) File No. EB-FIELDNER-12-00004176
Cable System Operator )
Physical System ID# 005490 ) NOV No. V201232360009
Northport, Michigan )
)
NOTICE OF VIOLATION
Released: September 17, 2012
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to CC Michigan LLC, operator of a
cable system in Northport, Michigan. Pursuant to Section 1.89(a) of
the Rules, issuance of this NOV does not preclude the Enforcement
Bureau from further action if warranted, including issuing a Notice of
Apparent Liability for Forfeiture for the violation(s) noted herein.
2. On September 6, 2012, an agent of the Enforcement Bureau's Detroit
Office inspected a cable system located at Northport, Michigan, and
observed the following violation:
47 C.F.R. S: 76.605(a)(12) of the Rules requires that cable operators
maintain their cable system signal leakage below 20 microvolts per meter
(uV/m) measured at 3 meters when operating in the frequency band between
54 MHz and 216 MHz. See 47 C.F.R. S: 76.605(a)(12). The agent measured
signal leakage in excess of 20 uV/m on 121.2625 MHz at the following
location:
Frequency Field
Date Intensity Location
(MHz) (uV/m)
Near pole south of
10907 North Shore Drive
9/6/2012 121.2625 40 (south of intersection
of Flees Road/North
Shore Drive).
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
CC Michigan LLC, must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response
(i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct each violation and preclude
recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
CC Michigan LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of CC Michigan LLC with personal knowledge of
the representations provided in CC Michigan LLC response, verifying
the truth and accuracy of the information therein, and confirming that
all of the information requested by this Notice which is in the
licensee's possession, custody, control, or knowledge has been
produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan, 48335
6. This Notice shall be sent to CC Michigan LLC at its address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission