Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Comcast of Colorado IX, LLC ) File No. EB-FIELDWR-12-00005518
Cable System Operator )
Community Unit ID CO0142 )
Physical System ID 002307 ) NOV No. V201332800033
Aurora, Colorado (Adams County) )
)
NOTICE OF VIOLATION
Released: December 20, 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 Aurora, Colorado (Adams
County). 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 November 28, 2012, in response to a complaint of interference, an
agent of the Enforcement Bureau's Denver District Office inspected
Comcast's cable system located in Aurora, Colorado, within Adams
County, 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 agent measured signal leakage in
excess of 15 mV/m on the frequency of 781.25 MHz at the following
locations:
1) Alley in back of 1632 Yosemite Street 160 uV/m
2) In back of American Legion Post 23 by Dayton St.& E. 25th Ave. 44 uV/m
3) Alley in back of 2331 Elmira Street 54 uV/m
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 agent 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) broadband operations.
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,
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 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 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