*Pages 1--5 from  Microsoft Word - 30982*
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 AT&  T  Broadband  Operator  of  Cable  Television  System  FL0398,  PSID 
 005852  Jacksonville,  Florida 

 )  ) 
 )  ) 
 ) 

 File  Number  EB-  02-  TP-  386 
 NAL/  Acct.  No.  200332700018 
 FRN  0007645823 

 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  Commissions  Rules  (  Rules)  1  .  Specifically,  we  find  AT&  T  Broadband  apparently  liable  for  failing  to  comply  with  the  Commissions  cable  signal 
 leakage  standards. 
 II.  BACKGROUND 
 2.  On  August  7  and  8,  2002,  agents  of  the  FCC  Enforcement  Bureaus  Tampa  Field  Office  (  Tampa  Office)  inspected  a  portion  of  AT&  T  Broadbands  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  (  V/  m)  to  2,442  V/  m.  Based  on  these  measurements,  the  agents  calculated  the  systems  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 
 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  V/  m. 
 3  See  47  C.  F.  R.  76.613(  c). 
1
 2 
 4.  In  accordance  with  the  Order  to  Cease  Operations,  AT&  T  Broadband  was  required  to  complete  an  inspection  of  at  least  75%  of  the  systems  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  V/  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.  Section  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  Broadbands  cable  system  in  Jacksonville,  Florida  operated  with  a  CLI  value  of  70.9.  Furthermore,  based  on  AT&  T  Broadbands  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 
 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. 
2
 3 
 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  petitioners  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  FCCs  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 
 10  See  47  C.  F.  R.    1.1914. 
3
 4 
 Ralph  M.  Barlow  District  Director 
 Tampa  Field  Office,  Enforcement  Bureau 

 Attachments 
4
 5 
 ATTACHMENT  B 
 System  Location:  Jacksonville,  FL  System  PSID:  005852  Frequency:  121.2625  MHz 
 Inspection  Date(  s):  8/  7/  2002  &  8/  8/  2002 

 Measurement  Location  Signal  Leakage  Field  Strength  (V/  m  @  3  meters) 
 Across  Street  from  7657  Old  Middleburg  Rd  S  Pole  #7658  122  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  #8881  122 
 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  Landing  Trail  S  407  7745  Cloverleaf  St  51 
5