**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-02-TP-386      |
|                                   | * |                               |
| AT&T Broadband                    | ) | NAL/Acct. No.200332700018     |
|                                   | * |                               |
| Operator of Cable Television      | * | FRN 0007645823                |
| System FL0398, PSID 005852        |   |                               |
|                                   | * |                               |
| Jacksonville, Florida             | * |                               |
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+-----------------------------------+---+-------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** March 24, 2003

By the Enforcement Bureau, Tampa Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    AT&T Broadband apparently liable for a forfeiture in the amount of
    eight thousand dollars (\$8,000) for willful and repeated violation
    of Sections 76.605(a)(12) and 76.611(a)(1) of the Commission's Rules
    ("Rules")[^1]. Specifically, we find AT&T Broadband apparently
    liable for failing to comply with the Commission's cable signal
    leakage standards.

**II. BACKGROUND**

2.  On August 7 and 8, 2002, agents of the FCC Enforcement Bureau's
    Tampa Field Office ("Tampa Office") inspected a portion of AT&T
    Broadband's cable system serving Jacksonville, Florida to identify
    leaks and determine compliance with the basic signal leakage
    criteria. The agents identified and measured twelve leaks on the
    frequency 121.2625 MHz, ranging in signal strength from 51
    microvolts per meter ("µV/m") to 2,442 µV/m. Based on these
    measurements, the agents calculated the system's Cumulative Leakage
    Index ("CLI") at a value of 70.9, exceeding the allowable cumulative
    signal leakage performance criteria of 64.[^2] (See Attachment B.)

3.  On August 9, 2002, the FCC agents met with AT&T Broadband staff at
    their office in Jacksonville, Florida and verbally ordered AT&T
    Broadband to cease operation on aeronautical band frequencies until
    the leaks were repaired and the system complied with the basic
    signal leakage criteria. The Tampa Office followed the oral order
    with a written *Order to Cease Operations*, delivered by facsimile
    on August 9, 2002.[^3]

4\. In accordance with the *Order to Cease Operations*, AT&T Broadband
was required to complete an inspection of at least 75% of the system's
cable plant, make the necessary repairs to bring the system into
compliance and submit a report of their findings. AT&T Broadband
complied with the *Order to Cease Operations* and requested authority to
resume operations later that same day. In their report, over 75
additional signal leaks were reported that exceeded the basic signal
leakage criteria.

**III**. **DISCUSSION**

5\. Section 76.605(a)(12) of the Rules requires cable operators to limit
signal leakage in the frequency band from 54 MHz up to and including 216
MHz to 20 µV/m at a distance of 3 meters. On August 7 and 8, 2002, AT&T
Broadband exceeded this limit at twelve locations on its system in
Jacksonville, Florida. SSSection 76.611(a)(1) of the Rules requires
cable operators to limit the CLI to a value at or below 64. On August 7
and 8, 2002, AT&T Broadband's cable system in Jacksonville, Florida
operated with a CLI value of 70.9. Furthermore, based on AT&T
Broadband's discovery of over 75 additional signal leaks in excess of
the basic signal leakage criteria, the CLI value exceeded 74.

6\. Based on the evidence before us, we find that on August 7 and 8,
2002, AT&T Broadband willfully[^4] and repeatedly[^5] violated Sections
76.605(a)(12) and 76.611(a)(1) of the Rules.

7\. Pursuant to Section 1.80(b)(4) of the Rules, the base forfeiture
amount for the violations cited in this notice is \$8,000 (violation of
rules relating to distress and safety frequencies).[^6] In assessing the
monetary forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(D) of the Communications Act of
1934, as amended ("Act"), which include the nature, circumstances,
extent, and gravity of the violation, and with respect to the violator,
the degree of culpability, any history of prior offenses, ability to
pay, and other such matters as justice may require.[^7] Considering the
entire record and applying the factors listed above, this case warrants
an \$8,000 forfeiture.

**IV. ORDERING CLAUSES**

8\. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Act,[^8] and Sections 0.111, 0.311 and 1.80 of the Rules,[^9] AT&T
Broadband is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
in the amount of eight thousand dollars (\$8,000) for willful and
repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the
Rules.

9\. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
within thirty days of the release date of this NAL, AT&T Broadband SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed forfeiture.

10\. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Forfeiture Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. and FRN referenced
above. Requests for payment of the full amount of this NAL under an
installment plan should be sent to: Chief, Revenue and Receivables
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.[^10]

11\. The response, if any, must be mailed to Federal Communications
Commission, Office of the Secretary, 445 12^th^ Street SW, Washington DC
20554, Attn: Enforcement Bureau-Technical & Public Safety Division and
MUST INCLUDE THE NAL/Acct. No. referenced above.

12\. The Commission will not consider reducing or canceling a forfeiture
in response to a claim of inability to pay unless the petitioner
submits: (1) federal tax returns for the most recent three-year period;
(2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
documentation submitted.

13\. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a two-year
tracking process regarding the size of entities involved in forfeitures.
If you qualify as a small entity and if you wish to be treated as a
small entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety Division.
Your certification should indicate whether you, including your parent
entity and its subsidiaries, meet one of the definitions set forth in
the list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this Notice of
Apparent Liability. This information will be used for tracking purposes
only. Your response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section 503(b) of
the Communications Act. If you have questions regarding any of the
information contained in Attachment A, please contact OCBO at (202)
418-0990.

14\. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
regular mail and Certified Mail Return Receipt Requested to AT&T
Broadband, 5934 Richard Street, Jacksonville, FL 32216.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

###  District Director

###  Tampa Field Office, Enforcement Bureau

Attachments

***ATTACHMENT B***

  ------------------------------------- ------------ -----------------------
                                                     

  System Location: Jacksonville, FL     System PSID: Frequency: 121.2625 MHz
                                        005852       

  Inspection Date(s): 8/7/2002 &                     
  8/8/2002                                           

                                                     

                                                     

                                                     

  [Measurement Location]{.underline}                 [Signal Leakage Field
                                                     Strength]{.underline}

                                                     (µV/m @ 3 meters)

                                                     

  Across Street from 7657 Old                        122
  Middleburg Rd S Pole #7658                         

  6001 Old Middleburg Rd S Pole #5977                224

  7541 Brett Forest Dr Pole #7539                    153

  7220 Bunion Dr Pole #7346                          102

  7238 Bunion Dr Pole #7250                          142

  SE Corner Camfield St /Hipps Rd Pole               122
  #8881                                              

  8927 Barco Ln                                      2,442

  Across Street from 7243 Shindler Dr                92

  7256 Falcon Trace Dr W                             2,442

  7771 Invermere Blvd                                305

  SE Corner Collins Rd / Settlers                    407
  Landing Trail S                                    

  7745 Cloverleaf St                                 51
  ------------------------------------- ------------ -----------------------

[^1]: 47 C.F.R. §§ 76.605(a)(12) and 76.611(a)(1).

[^2]: A maximum CLI of 64 is the basic signal leakage performance
    criteria of Section 76.611(a)(1) of the rules. Leakage that exceeds
    this level is deemed to pose a serious threat to air safety
    communications. The calculated CLI included only leaks greater than
    50 µV/m.

[^3]: *See* 47 C.F.R. 76.613(c).

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    equally to Section 503(b) of the Act, provides that "\[t\]he term
    'willful,' when used with reference to the commission or omission of
    any act, means the conscious and deliberate commission or omission
    of such act, irrespective of any intent to violate any provision of
    this Act ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd
    4387 (1991).

[^5]: The term "repeated" means the commission or omission of an act
    more than once or, if such commission or omission is continuous, for
    more than one day. 47 U.S.C. § 312(f)(2).

[^6]: 47 C.F.R. § 1.80(b)(4).

[^7]: 47 U.S.C. § 503(b)(2)(D).

[^8]: 47 U.S.C. § 503(b).

[^9]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^10]: *See* 47 C.F.R. § 1.1914.