**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Comcast of California XIV, LLC ) File No. EB-07-DV-043

Physical System ID \# 003644 )

Portales, New Mexico ) NOV No. V20073280014

)

NOTICE OF VIOLATION

Released: February 14, 2007

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,[^1] to Comcast of
    California XIV, LLC (\"Comcast\"), operator of a cable system in
    Portales, New Mexico.

2.  On January 9, 2007, an agent of the Enforcement Bureau\'s Denver
    Office inspected the Comcast cable system located at Portales, New
    Mexico, 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: Over 54 MHz up to and
    including 216 MHz -- 20 micro-volts per meter, measured at 3
    meters.\" At the time of the inspection, an agent observed signal
    leakage on the frequency of 121.2625 MHz at the following location:

> 1\) On pole near 1524 W. Ivy Street 941 µV/m
>
> 2\) On pole near 1115 W. 3^rd^ Street 80 µV/m

b.  47 C.F.R. § 76.612(a)(1): \"All cable television systems which
    operate in the frequency bands 108-137 and 225-400 MHz shall comply
    with the following frequency separation standards: All such cable
    carriers or signal components shall be offset by 12.5 kHz with a
    frequency tolerance of +/- 5kHz.\" At the time of the inspection, an
    agent observed the following channels were operating outside the
    allowable frequency tolerance:

    1.  Channel 30 (Q) Carrier frequency was measured as 259.26885 MHz

    2.  Channel 34 (U) Carrier frequency was measured as 283.27586 MHz

    3.  Channel 43 (GG) Carrier frequency was measured as 337.28588 MHz

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3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Comcast
    must submit a written statement concerning this matter within 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 Comcast. 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
>
> Denver Office
>
> 215 S. Wadsworth Blvd., Suite 303
>
> Lakewood, CO 80226

4.  This Notice shall be sent to by Certified Mail/Return Receipt
    Requested and regular mail to Comcast of California XIV, LLC, 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

Nikki P. Shears

District Director

Denver District Office

Western 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.*