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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

    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,
   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,
   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.


   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


                       Federal Communications Commission