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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Altitude Communications, LLC ) File No.: EB-FIELDSCR-13-00012791
Cable System Operator )
) NOV No.: V201432700003
McIntosh, Florida ) Physical System ID: 0005358
) Community Unit ID: FL0791
)
NOTICE OF VIOLATION
Released: January 6, 2014
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Altitude Communications, LLC
(Altitude), operator of a cable system in McIntosh, 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 December 6, 2013, agents of the Enforcement Bureau's Tampa Office
inspected Altitude's cable system in McIntosh, Florida, and observed
the following violation:
a. 47 C.F.R. 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 S 76.609(h)
and shall be limited as follows: Over 54 MHz up to and including 216
MHz - 20 microvolts per meter, measured at 3 meters." At the time of
the inspection, the agents observed signal leakage on the frequency
121.2625 MHz, which exceeded the field strength allowed by the Rules,
at the following locations:
Pole at 6079 Avenue F 225 uV/m
Pole on the north side corner of Avenue F and 10^th Street 416 uV/m
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, Altitude 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 Altitude to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Altitude with personal knowledge of the representations provided in
Altitude'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
Tampa Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, FL 33607
6. This Notice shall be sent to Altitude Communications, 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
Ralph M. Barlow
District Director
Tampa 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
3
Federal Communications Commission