Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Comcast of Colorado IX, LLC ) File No. EB-FIELDWR-12-00005666 Cable System Operator ) Community Unit ID CO0051 ) Physical System ID 002307 ) NOV No. V201332800038 Arvada, Colorado ) ) NOTICE OF VIOLATION Released: February 5, 2013 By the District Director, Denver Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules),1 to Comcast of Colorado IX, LLC (Comcast), operator of a cable system in Arvada, Colorado. 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 2. On December 7, 2012, in response to a complaint of interference, an agent of the Enforcement Bureau’s Denver District Office inspected Comcast’s cable system located in Arvada, Colorado, and observed the following violations: 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 76.609(h) and shall be limited as follows: Less than and including 54 MHz, and over 216 MHz – 15 micro-volts per meter measured at 30 meters.” At the time of the investigation, the agent measured signal leaks in excess of 15 ?V/m at 30 meters on the frequency of 781.25 MHz at the following locations 1) Near 5445 Hoyt Dr 95 ?V/m 2) Near 9438 W 56th Place 43 ?V/m 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 3) Near 9807 W 57th Place 169 ?V/m b. 47 C.F.R. § 76.613: “(a) Harmful interference is any emission, radiation or induction which … seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with this chapter. (b) [A multi-channel video programming distributor] that causes harmful interference shall promptly take appropriate measures to eliminate the harmful interference.” At the time of the investigation, the agent observed signal leakage in the 700 MHz band. The signal was characterized as a continuous, un-modulated carrier operating at 781.25 MHz that was causing harmful interference to Verizon’s 700 MHz LTE (4G) broadband operations. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, Comcast 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 4. In accordance with Section 1.16 of the Rules, we direct Comcast 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,5 and confirming that all of the information requested by this Notice which is in the regulatee’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.6 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: 3 47 U.S.C. § 403. 4 47 C.F.R. § 1.89(c). 5 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. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 Federal Communications Commission Denver District Office 215 S. Wadsworth Blvd., Suite 303 Lakewood, CO 80226 6. This Notice shall be sent to Comcast of Colorado IX, LLC, at its address of record. 7. The Privacy Act of 19747 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 Nikki P. Shears District Director Denver Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).