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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cox Communications Arizona, LLC )
) File No. EB-FIELDWR-12-00004209
Physical System ID # 004818 ) NOV No. V201232940025
Chandler, AZ )
)
NOTICE OF VIOLATION
Released: September 20, 2012
By the District Director, San Diego 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 Cox Communications Arizona, LLC (Cox),
operator of a cable system in Chandler, AZ. Pursuant to Section
1.89(a) of the Commission's 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 noted herein.
2. On August 30, 2012, an agent of the Enforcement Bureau's San Diego
Office inspected Cox's cable system in Chandler, Arizona, 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 mV/m on the frequency of 133.2625
MHz at the following location:
1) 211 uV/m at 3633 W Morelos Street, Chandler, AZ 85226
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Cox 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
Cox to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Cox with personal knowledge of the
representations provided in Cox's 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
6. Pursuant to Section 1.89(a) of the Commission's Rules, issuance of
this NOV does not preclude the Enforcement Bureau from issuing a
Notice of Apparent Liability for Forfeiture for the violation(s) noted
herein.
7. This Notice shall be sent to Cox Communications Arizona, LLC at its
address of record.
8. 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 T. Lyon
District Director
San Diego District Office
Western 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.
47 C.F.R. S: 1.89(a).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission