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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
San Juan Cable, LLC ) File No.: EB-FIELDSCR-14-00013251
)
Cable System Operator ) NOV No.: V201432680001
) Physical System ID: 002164
Bayamon, Puerto Rico ) Community Unit ID: PR0004
)
)
NOTICE OF VIOLATION
Released: January 30, 2014
By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Liberty Cablevision of Puerto Rico Inc./San Juan Cable, LLC, operator of a cable system in Bayamon, Puerto Rico. 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.
* On January 21, 2014, an agent of the Enforcement Bureau's San Juan Office inspected a San Juan Cable's cable system site in Bayamon, Puerto Rico due to a complaint filed by AT&T Wireless, and observed the following violation:
+ 47 C.F.R. 76.613(b): "An MVPD that causes harmful interference shall promptly take appropriate measures to eliminate the harmful interference." At the time of the inspection, the agent observed signal leakage on the UMTS upload frequency centered at 832.5 MHz in the order of 10 to 16 microvolts per meter @ 30 meters from the aerial cable tap off located at:
* Calle 7, Sector Betances, Bayamon @ 18ᵒ 23.384′N / 66ᵒ 09.928′W
Concurrently, AT&T reported interference to its cellular service on the same frequency.
* 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, San Juan Cable, 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.
* In accordance with Section 1.16 of the Rules, we direct Liberty Cablevision of Puerto Rico Inc./San Juan Cable, 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 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.
* 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
San Juan Office Room 762
Federal Building
Hato Rey, PR 00918-1731
* This Notice shall be sent to Liberty Cablevision of Puerto Rico Inc. /San Juan Cable, LLC at its address of record.
* 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
Reuben Jusino
San Juan Office
South Central Region
Enforcement Bureau