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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CC VIII Operating, LLC ) File No.: EB-FIELDNER-13-00011535
Cable System Operator )
) NOV No.: V201432360003
Boyne Falls, Michigan ) Physical System ID: 005490
) Community Unit ID: MI1481
)
NOTICE OF VIOLATION
Released: November 7, 2013
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to CC VIII Operating LLC, operator
of a cable system in Boyne Falls, Michigan. 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 September 19, 2013, an agent of the Enforcement Bureau's Detroit
Office inspected CC VIII Operating, LLC's cable system in Boyne Falls,
Michigan, and observed the following violation:
47 C.F.R. S 76.605(a)(12) of the Rules requires that cable operators
maintain their cable system signal leakage below 20 microvolts per meter
(uV/m) measured at 3 meters when operating in the frequency band between
54 MHz and 216 MHz. See 47 C.F.R. S 76.605(a)(12). The agent measured
signal leakage in excess of 20 uV/m on 133.2625 MHz at the following
location:
Date Frequency Field Intensity Location
(MHz) (uV/m)
09/19/13 133.2625 153.4 At second pole (where amplifier is located),
approximately 150 feet south of 3050 Old Mackinaw Trail, Boyne Falls, MI
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, CC VIII Operating LLC 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 CC VIII
Operating LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of CC VIII Operating LLC with personal knowledge
of the representations provided in CC VIII Operating LLC'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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
6. This Notice shall be sent to CC VIII Operating 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
James A. Bridgewater
District Director
Detroit Office
Northeast 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