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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Michigan Cable Partners, Inc. ) File No.: EB-FIELDNER-13-00012475
Cable System Operator )
) NOV No.: V201432360012
Highland Park, Michigan )
) Physical System ID: 009546
) Community Unit ID: MI0948
NOTICE OF VIOLATION
Released: March 14, 2014
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 Michigan Cable Partners, Inc.,
operator of a cable system in Highland Park, 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 violations noted herein.^
2. On November 25 and 26, 2013, and December 19, 2013, an agent of the
Enforcement Bureau's Detroit Office Michigan inspected Michigan Cable
Partners Inc.'s cable system located in Highland Park, Michigan, and
observed the following violations:
a. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
participants must have deployed operational equipment that is capable
of the following: (1) Acquiring EAS alert messages in accordance with
the monitoring requirements in S 11.52(d)(2); (2) Converting EAS
alert messages that have been formatted pursuant to the Organization
for the Advancement of Structured Information Standards (OASIS)
Common Alerting Protocol..." At the time of inspection on December
19, 2013, Michigan Cable Partners, Inc. did not have the required
CAP-formatted EAS equipment.
b. 47 C.F.R. S 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S 11.35(a) and 11.54(a)(3)." Michigan Cable
Partners, Inc. did not maintain EAS logs, having no logs prior to
December 16, 2013.
c. 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 locations:
Date Frequency (MHz) Field Intensity (uV/m) Location
11/25/2013 121.2625 456 At pole in alley behind 86 Tyler, Highland Park,
Michigan.
11/25/2013 121.2625 4601 At pole in alley (next to red detached garage),
behind 165 Farrand Park, Highland Park, Michigan.
11/26/2013 121.2625 161 On Davison Service Drive behind 161 Beresford,
Highland Park, Michigan.
11/26/2013 121.2625 591 At pole in alley behind 86 Tyler, Highland Park,
Michigan.
11/26/2013 121.2625 5499 At pole in alley (next to red detached garage),
behind 165 Farrand Park, Highland Park, Michigan.
11/26/2013 121.2625 1700 Near 101 Candler, Highland Park, Michigan.
d. 47 C.F.R. S 76.611(a): "No cable television system shall commence or
provide service in the frequency bands 108-137 and 225-400 MHz unless
such systems is in compliance with cable television basic signal
leakage performance criteria...." Section 76.611(a)(1) of the Rules,
47 C.F.R. S 76.611(a)(1), states that no cable television system
shall provide service in the aeronautical bands unless the system's
Cumulative Leakage Index (CLI) complies with the limits established
in the Rules (i.e., a CLI of less than or equal to 64). On November
25, 2013, the agent calculated the CLI for the cable system to be
73.2 and on November 26, 2013, the agent calculated the CLI for the
system to be 75.2.^
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
cable operators play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to cable system operators.
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, Michigan Cable Partners, Inc. 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, (iii) must specify whether EAS CAP
equipment has been installed or ordered and (iv) 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 Michigan Cable
Partners, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Michigan Cable Partners, Inc. with personal
knowledge of the representations provided in Michigan Cable Partners'
Inc.'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 Michigan Cable Partners. Inc. 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 District Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ A representative of Michigan Cable Partners, Inc. notified the agent
that the signal leakage was fixed on November 27, 2013.
^ 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
2
Federal Communications Commission