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Cox Communications, Inc., Herndon, VA

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Released: December 11, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Cox Communications, Inc.
) File No.: EB-FIELDNER-13-00012202
Cable System Operator
)

)
NOV No.: V201432340003
)
Herndon, Virginia
)
Physical System ID: 000696

NOTICE OF VIOLATION

Released:

December 11 , 2013
By the District Director, Columbia District 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 Cox Communications, Inc. (Cox), operator of a cable system in Herndon,
Virginia. 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 noted herein.2
2.
On November 14, 2013, in response to a complaint of interference, an agent of the
Enforcement Bureau’s Columbia District Office inspected Cox’s cable system in the area of 2520 Wasser
Terr(38.956034 N, -77.428872W), in Herndon, Virginia, and observed the following violation:
47 C.F.R. § 76.613: “(a) Harmful interference is any emission, radiation or induction
which … seriously degrades, obstructs or repeatedly interrupts a radio
communication service operating in accordance with this chapter. (b) A multi-
channel video programming distributor that causes harmful interference shall
promptly take appropriate measures to eliminate the harmful interference.” At the
time of the investigation, the agent observed signal leakage in the 700 MHz band.
The signal was characterized as a continuous digital signal, spanning 704-716 MHz,
and causing harmful interference to AT&T’s 700 MHz LTE operations.
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, Cox 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.

Federal Communications Commission

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 Cox to support its response to this
Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer
of Cox with personal knowledge of the representations provided in Cox’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 licensee’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
Columbia District Office
9200 Farm House Lane
Columbia, Maryland 21046
6.
This Notice shall be sent to Cox Communications, Inc., at its address of record.


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
Salomon Satche
District Director
Columbia District Office
Northeast Region
Enforcement Bureau


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

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