**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Atlantic Broadband ) File No. EB-07-PA-263

)

Grampian, Pennsylvania ) NOV No. V20073240018 )

NOTICE OF VIOLATION

Released: September 20, 2007

By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:

1.  This is a Notice of Violation ("Notice") issued pursuant to Section
    1.89 of the Commission's Rules[^1] to Atlantic Broadband, operator
    of cable system serving Grampian, Pennsylvania (Community Unit No.
    PA-2531).

2.  On August 14, 2007 and August 16, 2007, an agent of the Commission's
    Philadelphia Office inspected the Atlantic Broadband cable system
    located in Grampian, Pennsylvania and observed the following
    violations:

    a.  § 47 C.F.R. § 11.52(d): "Broadcast stations and cable systems
        and wireless cable systems must monitor two EAS sources. The
        monitoring assignments of each broadcast station and cable
        system and wireless cable system are specified in the State EAS
        Plan and FCC Mapbook. They are developed in accordance with FCC
        monitoring priorities." The EAS equipment for Atlantic Broadband
        was configured to monitor only one broadcast station, station
        WOWQ on 102.1 MHz. The Pennsylvania State EAS Plan specifies
        that a cable system in the Dubois EAS Operational Area must
        monitor broadcast stations WOWQ on 102.1 MHz and WPSX on TV
        Channel 3.

    b.  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: Over 54 MHz up to and including 216 MHz...... 20
        micro-volts per meter, measured at 3 meters.\" At the time of
        the inspection, the agent measured signal leakage in excess of
        20 micro-volts per meter (μV/m) on the frequency of 127.2625 MHz
        at the following locations:

+---------+-----------+----------+-----------------------------------+
| *       | **Fr      | **Signal | **Location**                      |
| *Date** | equency** | St       |                                   |
|         |           | rength** |                                   |
|         | **(MHz)** |          |                                   |
|         |           | **       |                                   |
|         |           | (µV/m)** |                                   |
+---------+-----------+----------+-----------------------------------+
| 0       | 127.2625  | 156.5    | 405807 N 0783618 W                |
| 8/16/07 |           |          |                                   |
|         |           |          | 910 20 8^th^ Division Highway1175 |
+---------+-----------+----------+-----------------------------------+
| 0       | 127.2625  | 401.3    | 405757 N 0783700 W                |
| 8/16/07 |           |          |                                   |
|         |           |          | 387 Penn Street                   |
+---------+-----------+----------+-----------------------------------+
| 0       | 127.2625  | 186.8    | 405802 N 0783645 W                |
| 8/16/07 |           |          |                                   |
|         |           |          | 106 6^th^ Street                  |
+---------+-----------+----------+-----------------------------------+

3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Atlantic
    Broadband must submit a written statement concerning this matter
    within twenty (20) days of release of this Notice. The response must
    fully explain each violation, must contain a statement of the
    specific action(s) taken to correct each violation and preclude
    recurrence, and should include a time line for completion of pending
    corrective action(s). The response must be complete in itself and
    signed by a principal or officer of the cable operator. 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
>
> Philadelphia Office
>
> One Oxford Valley Building, Suite 404
>
> 2300 East Lincoln Highway
>
> Langhorne, Pennsylvania 19047

4.  This Notice shall be sent to Atlantic Broadband at its address of
    record.

5.  The Privacy Act of 1974[^3] 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.
    Any false statement made knowingly and willfully in reply to this
    Notice is punishable by fine or imprisonment under Title 18 of the
    U.S. Code.[^4]

> FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro

District Director

Philadelphia Office

Northeast Region

> Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 403.

[^3]: ^?^ P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*