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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
COMCAST OF CALIFORNIA III INC. ) File No. EB-FIELDWR-13-00005859
Physical System ID: 001963 )
Community Unit ID: CA0245 )
San Francisco, California ) NOV No. V201332960013
)
NOTICE OF VIOLATION
Released: February 21, 2013
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 (Rules),^ to Comcast of California III, Inc.
(Comcast), operator of a cable system in San Francisco, 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 December 18, 2012, an agent of the Enforcement Bureau's San
Francisco Office inspected Comcast's cable system located in San
Francisco, 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 133.2625
MHz at the following locations:
1) 910 Cole St. Pole 110051644 60 uV/m
2) 910 Cole St. Pole 110051645 40 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 radio communication 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 910 Cole St., San Francisco, California, which interfered with licensed
operations in the 850 MHz cellular band.
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 Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
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.
FEDERAL COMMUNICATIONS COMMISSION
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
3
Federal Communications Commission