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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Comcast of South Florida I, Inc. ) File No.: EB-FIELDSCR-13-00009698

   Owner of Antenna Structure No. 1036025 )

   )  NOV No.: V201332600010


   Hialeah, Florida )

                              NOTICE OF VIOLATION

   Released: July 17, 2013

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Comcast of South Florida, I,
       Inc. (Comcast), owner of antenna structure number 1036025 in Hialeah,
       Florida. 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 violation(s) noted herein.^

    2. On June 21, 2013, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure number 1036025 located at 4586 Palm
       Avenue, Hialeah, FL, and observed the following violations:

     a. 47 C.F.R. S 17.51(b): "All high intensity and medium intensity
        obstruction lighting shall be exhibited continuously unless otherwise
        specified." During the daytime inspection, the top-mounted medium
        intensity white strobe was not functioning. According to the FCC
        Antenna Structure Registration (ASR) for antenna structure number
        1036025, the tower requires a top-mounted medium intensity white
        strobe for daytime and night, as specified in FCC Paragraphs A1, H.
        The agent also observed that the top-mounted medium intensity white
        strobe was still not functioning during daytime inspections on June
        25 and 27, 2013. Finally, the agent observed that the top-mounted
        medium intensity white strobe was not functioning during a nighttime
        inspection on June 28, 2013.

     b. 47 C.F.R. S 17.47(a)(2): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: . . . (2) Shall provide and
        properly maintain an automatic alarm system designed to detect any
        failure of such lights as to provide indication of such failure to
        the owner." Both Comcast and their contracted tower site management
        company stated to an agent that antenna structure 1036025 utilizes an
        automatic alarm system designed to detect and alert them of any light
        failure, but the system did not indicate an alarm on June 24 or June
        28, 2013.

     c. 47 C.F.R. S 17.47(b): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part...(s)hall inspect at intervals
        not to exceed three months all automatic or mechanical control
        devices, indicators, and alarm systems associated with the antenna
        structure lighting to insure that such apparatus is functioning
        properly." According to documents provided to this office by the
        contracted tower site management company on June 24, 2013, the last
        inspection of the tower lighting and associated light monitoring
        system occurred more than three months ago, on January 30, 2013, with
        the next inspection due one year from that date.

     d. 47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a) shall report immediately
        by telephone or telegraph to the nearest Flight Service Station or
        office of the Federal Aviation Administration any observed or
        otherwise known extinguishment or improper functioning of any top
        steady burning light or any flashing obstruction light, regardless of
        its position on the antenna structure, not corrected within 30
        minutes." An agent notified the contracted tower site management
        company about the observed lighting outage on June 24, 2013, but
        Comcast did not notify the FAA of the outage until June 28, 2013.

    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 company'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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152-0617

    6. This Notice shall be sent to Comcast of South Florida, I, Inc. 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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central 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