Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 California IX, Inc. ) File No. EB-FIELDWR-12-00004828

   Physical System ID: 002152 )

   Community Unit ID: CA0197 )

   Pacifica, California )  NOV No. V201332960011


                              NOTICE OF VIOLATION

                                                  Released: December 21, 2012

   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 Comcast of California IX, Inc.
       (Comcast),  operator of a cable system  in Pacifica, California.
       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  9, 2012, an agent of the Enforcement Bureau's  San
       Francisco  Office  inspected  Comcast's cable system located in
       Pacifica, California  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: 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
   121.2625 MHz at the following location:

   1) 385 Esplanade Ave.      274 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 from the location of 385 Esplanade
   Avenue interfered with operations of licensees in the 700 MHz cellular

    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

   San Francisco  District Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94558-8543

    6. This Notice shall be sent to Comcast  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.


   David K. Hartshorn

   District Director

   San Francisco  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


                       Federal Communications Commission