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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CC Michigan, LLC ) File No.: EB-FIELDNER-13-00011646
Cable System Operator )
) NOV No.: V201432360004
Traverse City, Michigan ) Physical System ID: 005490
) Community Unit ID: MI0054
)
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 Michigan, LLC, operator of a
cable system in Traverse City, 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 18, 2013, an agent of the Enforcement Bureau's Detroit
Office inspected CC Michigan, LLC's cable system in Traverse City,
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 121.2625 MHz at the following
location:
Date Frequency Field Intensity Location
(MHz) (uV/m)
09/18/13 121.2625 38.4 At power pole located next to TC Rentals, 745 S.
Airport Road, Traverse City, 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 Michigan, 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 Michigan,
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 Michigan, LLC with personal knowledge of the
representations provided in CC Michigan, 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 Michigan, 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