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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Comcast of Colorado IX, LLC ) File No. EB-FIELDWR-12-00004878
Cable System Operator )
Community Unit ID CO0140 )
Physical System ID 002307 ) NOV No. V201332800005
Sheridan, Colorado )
)
NOTICE OF VIOLATION
Released: October 24, 2012
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 (Rules), to Comcast of Colorado IX, LLC
(Comcast), operator of a cable system in Sheridan, Colorado.
Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.
2. On October 16, 2012, in response to a complaint of interference,
agents of the Enforcement Bureau's Denver District Office inspected
Comcast's cable system located near 4250 S. Federal Blvd., in
Sheridan, Colorado, 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 76.609(h) and
shall be limited as follows: Less than and including 54 MHz, and over
216 MHz - 15 micro-volts per meter measured at 30 meters." At the
time of the investigation, the agents measured signal leakage in
excess of 15 mV/m on the frequency of 781.25 MHz. The actual field
strength measurement was calculated as 59 mV/m at 30 meters
b. 47 C.F.R. S: 76.613: "(a) Harmful interference is any emission,
radiation or induction which ... 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 the investigation, the agents observed signal leakage in the
700 MHz band. The signal was characterized as a continuous,
un-modulated carrier operating at 781.25 MHz that was causing harmful
interference to Verizon's 700 MHz LTE (4G) operations.
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, Comcast 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
Comcast to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Comcast with personal knowledge of the
representations provided in Comcast'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 regulatee'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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6. This Notice shall be sent to Comcast of Colorado IX, 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
Nikki P. Shears
District Director
Denver 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.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission