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Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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Atlantic Broadband Penn, LLC.
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File No. EB-10-PA-0037
Physical System ID # 003560
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NOV No. V201032400025
Altoona, Pennsylvania.
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NOTICE OF VIOLATION

Released: February 8, 2010

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 Penn, LLC (“Atlantic”), operator of a cable system in Altoona,
Pennsylvania.
2. On January 26, 2010, agents of the Enforcement Bureau’s Philadelphia Office inspected the
Atlantic cable system located in Altoona, Pennsylvania and observed the following violation:
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, agents observed signal leakage at the following locations:

Field

Frequency

Date

Intensity

Location

(MHz)
(µV/m)
1st Street between 5th & 6th Avenue,
01/26/2010
121.2625
121.23
Altoona, PA
7th Street between 3rd & 4th Avenue,
01/26/2010
121.2625
288.34
Altoona, PA


1 47 C.F.R. § 1.89.

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Federal Communications Commission

3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of
the Commission's Rules, Atlantic 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 Atlantic. 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 District Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to Atlantic
Broadband Penn, LLC. at its address of record.
5. The Privacy Act of 19743 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 District Office
Northeast Region
Enforcement Bureau


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.
2

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