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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

    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

   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

    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.


   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


                       Federal Communications Commission