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CC Michigan, LLC, Traverse City, MI

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Released: November 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
CC Michigan, LLC
)
File No.: EB-FIELDNER-13-00011646
Cable System Operator
)
)
NOV No.: V201432360004
Traverse City, Michigan
) Physical System ID: 005490
)
Community Unit ID: MI0054
)

NOTICE OF VIOLATION

Released: November 7, 2013

By the District Director, Detroit Office, Northeast Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to CC Michigan, LLC, operator of a cable system in Traverse City,
Michigan. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the
Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for
Forfeiture for the violation(s) noted herein.2
2.
On September 18, 2013, an agent of the Enforcement Bureau’s Detroit Office inspected
CC Michigan, LLC’s cable system in Traverse City, Michigan, and observed the following violation:
47 C.F.R. § 76.605(a)(12) of the Rules requires that cable operators maintain their cable
system signal leakage below 20 microvolts per meter (µV/m) measured at 3 meters when
operating in the frequency band between 54 MHz and 216 MHz. See 47 C.F.R. §
76.605(a)(12). The agent measured signal leakage in excess of 20 µV/m on 121.2625
MHz at the following location:


Field

Date

Frequency

Intensity

Location



1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

(MHz)
(µV/m)
At power pole located next to TC
Rentals, 745 S. Airport Road,
09/18/13
121.2625
38.4
Traverse City, MI
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, CC Michigan, LLC must submit a written statement concerning this matter within
twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including
all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion
of any pending corrective action(s). The response must be complete in itself and must not be abbreviated
by reference to other communications or answers to other notices.4
4.
In accordance with Section 1.16 of the Rules, we direct CC Michigan, LLC to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of CC Michigan, LLC with personal knowledge of the representations provided in CC
Michigan, LLC’s response, verifying the truth and accuracy of the information therein,5 and confirming
that all of the information requested by this Notice which is in the company’s possession, custody,
control, or knowledge has been produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of
the U.S. Code.6
5.
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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
6.
This Notice shall be sent to CC Michigan, LLC at its address of record.


3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.”
47 C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19747 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.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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