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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Champion Cable, LLC )
Former Operator of Cable Television ) File Number: EB-06-DV-093
System
) NAL/Acct. No.: 200632800002
Community Unit ID: CO0245
) FRN: 0011333069
Physical System ID: 008880
)
Holly, CO
)
CONSENT DECREE
I. INTRODUCTION
1. This Consent Decree is entered into by the Enforcement Bureau of the
Federal Communications Commission and Champion Cable, LLC.
II. DEFINITIONS
2. For the Purposes of this Consent Decree, the following definitions
will apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
Section 151 et seq.;
b. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
c. "Champion" means Champion Cable, LLC;
d. "Commission" or "FCC" means the Federal Communications Commission;
e. "Effective Date" means the date on which the Order is released;
f. "Enforcement Proceeding" means the investigation of alleged Rule
violations by Champion culminating in the Notice of Apparent
Liability;
g. "Licenses" means all authorizations, permits and licenses issued by
the Commission in connection with the operation of the Station;
h. "Non-Related Company" means a company or organization in which neither
Champion nor its principals, individually or collectively, are an
officer, director, partner, member, manager or holder (directly or
indirectly) of an ownership interest;
i. "Notice of Apparent Liability" means Champion Broadband Colorado, LLC,
NAL/Acct. No. 200632800002 (Enf. Bur., Western Region, Denver Office,
rel. September 28, 2006).
j. "Order" means an order of the Bureau adopting this Consent Decree;
k. "Parties" means the Bureau and Champion;
l. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations;
m. "System" means the Holly, Colorado, cable television system formerly
operated by Champion Cable, LLC (Physical System ID No. 008880,
Community Unit ID No. CO0245).
III. BACKGROUND
3. On March 28, 2006, an agent of the Enforcement Bureau's Denver Office
conducted cable television signal leakage measurements of Champion's
cable television system serving Holly, Colorado. The agent identified
and measured four leaks on aeronautical frequency 121.2625 MHz. The
leaks ranged in signal strength from 385 uV/m to 1,428 uV/m. Section
76.605(a)(12) of the Rules limits basic signal leakage in the
frequency band from 54 MHz up to and including 216 MHz to 20 uV/m at a
distance of 3 meters at any point in the system. Because Champion was
operating on aeronautical frequencies, the system also was subject to
the requirement in Section 76.611(a)(1) of the Rules that it conduct
measurements annually to ensure that the totality of the system's
leaks does not exceed a Cumulative Leakage Index ("CLI") value of 64.
The agent determined that the calculated value of the CLI for all four
leaks combined was 64.8. The agent then contacted Champion's Director
of Operations, at 4:45 p.m. MST, March 28, 2006, and informed him that
the Holly, Colorado, cable system exceeded the CLI limit. Because of
the potential hazard to public safety caused by the leaks, the Denver
agent instructed Champion to either cease operations or reduce power
on the aeronautical frequencies until the leaks could be repaired.
Champion stated that a repair technician would be dispatched on March
29, 2006, from Eads, Colorado. Eads is approximately 63 miles from
Holly, Colorado.
4. On March 29, 2006, the Denver agent again made measurements at the
same four locations where cable signal leaks were discovered the day
before. The agent identified and measured four leaks on aeronautical
frequency 121.2625 MHz. On this day, the leaks ranged in signal
strength from 330 uV/m to 1,878 uV/m. The agent determined that the
calculated value of the CLI for all four leaks combined was 67.2.
Later that day, Champion shut down all aeronautical channels on its
Holly, Colorado system. The Denver Office then sent a written Order to
Cease Operations ("Shut-Down Order") to Champion's corporate
headquarters, via fax and regular mail. The Shut-Down Order required
Champion to suspend operation of the entire cable plant in the
"critical bands" (108 - 137 MHz and 225 - 400 MHz) in order to
eliminate potentially hazardous interference to air navigation and
other authorized safety services. After Champion made repairs to the
system, the Denver agent re-inspected the system, on March 29, 2006,
and found the cable system in compliance with the CLI.
5. On September 28, 2006, the Denver Office issued the Notice of Apparent
Liability in the amount of $8,000 to Champion, finding that Champion
apparently willfully and repeatedly violated Section 76.605(a)(12) of
the Rules by operating its cable system in violation of cable signal
leakage standards.
IV. AGREEMENT
6. Champion agrees that the Bureau, by delegated authority of the
Commission, has jurisdiction over the matters contained in this
Consent Decree, and the authority to enter into and adopt this Consent
Decree.
7. Champion and the Bureau agree to be legally bound by the terms and
conditions of this Consent Decree. Champion represents and warrants
that its signatory is duly authorized to enter into this Consent
Decree on its behalf.
8. The Parties agree that this Consent Decree will become effective on
the Effective Date. Upon the Effective Date, the Order and the Consent
Decree will have the same force and effect as any other order of the
Bureau and any violation of the terms of this Consent Decree will
constitute a separate violation of a Bureau order, entitling the
Bureau to subject Champion to enforcement action for such violation.
9. Champion and the Bureau agree that this Consent Decree does not
constitute an adjudication of the merits, or any finding on the facts
or law regarding any violations committed by Champion arising out of
the Enforcement Proceeding, and that it is not to be construed as an
admission of any violation by Champion.
10. Champion agrees that it will make a voluntary contribution to the
United States Treasury in the amount of one thousand dollars
($1000.00). The payment will be made within thirty (30) days after the
Effective Date of the Order. The payment must be made by check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Account Number and FRN
Number referenced in the caption to the Order. Payment by check or
money order may be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
made to ABA Number 021030004, receiving bank TREAS/NYC, and account
number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code).
11. As further conditions to this agreement, Champion also agrees that:
a. Within thirty (30) days of the Effective Date of the Order, Champion
will implement a CLI Compliance Plan to ensure that no further
violation of the Commission's CLI Rules will occur. The Compliance
Plan will include training for all relevant employees of Champion
concerning monitoring cable signal leakage for all Champion systems.
b. Within thirty (30) days of the Effective Date of the Order, Champion
will forward a copy of its current FCC Form 320 filing for each of its
cable systems to the appropriate Commission Field Office, and will
forward a copy of its annual FCC Form 320 filing for each of its
systems to the appropriate Commission Field Office each year, for the
next two years.
c. Within thirty (30) days of the Effective Date of the Order, Champion
will forward a copy of its current FCC Form 321 filing for each of its
cable systems to the appropriate Commission Field Office, and will
forward a copy of any FCC Form 321 filed for each of its systems to
the appropriate Commission Field Office for the next two years.
12. Champion and the Bureau acknowledge and agree that this Consent Decree
shall constitute a final settlement between them.
13. As part of the Order, the Bureau shall terminate the Enforcement
Proceeding. From and after the Effective Date, the Bureau shall not,
either on its own motion or in response to third-party objection, initiate
any inquiries, investigations, forfeiture proceedings, hearings, or other
sanctions or actions against Champion, based in whole or in part on the
Enforcement Proceeding. The Bureau agrees that, in the absence of material
new evidence, it will not, on its own motion, initiate or recommend to the
Commission, any new proceeding, formal or informal, regarding the matters
discussed in paragraphs 3, 4, and 5, above. Nothing in this Consent Decree
shall prevent the Bureau from instituting, or recommending to the
Commission, new investigations or enforcement proceedings against
Champion, in the event of any alleged future misconduct for violation of
this Consent Decree or for violation of the Act or the Commission's Rules,
consistent with the provisions of this Consent Decree.
14. In express reliance upon the covenants and representations contained
herein, the Bureau agrees to terminate the Enforcement Proceeding at such
time as both parties sign this Consent Decree.
15. Champion waives any and all rights it may have to seek administrative
or judicial reconsideration, review, appeal or stay, or to otherwise
challenge or contest the validity of this Consent Decree and the Order
adopting this Consent Decree, provided the Order adopts the Consent Decree
without modification.
16. In the event that the Commission or its delegated authority find that
Champion violates Section 76.605(a)(12) of the Rules such that the CLI
exceeds 64, pursuant to Section 76.611(a)(1) of the Rules, subsequent to
the release of this Consent Decree and Order, Champion agrees that the
Commission or its delegated authority may consider the violations
documented in the Enforcement Proceeding when determining an appropriate
sanction.
17. Champion and the Bureau agree that the effectiveness of this Consent
Decree is expressly contingent upon issuance of the Order, provided the
Order adopts the Consent Decree without modification.
18. This Consent Decree will be binding on Champion transferees,
successors and assigns, provided that in the event of an assignment or
transfer of the Licenses to a Non-Related Company, only the obligations of
Paragraph 10 will be binding on the assignee or transferee.
19. Champion and the Bureau agree that, in the event any court of
competent jurisdiction renders this Consent Decree invalid, the Consent
Decree shall become null and void and may not be used in any manner in any
legal proceeding.
20. Champion and the Bureau agree that, if the Commission, or the United
States on behalf of the Commission, brings a judicial action to enforce
the terms of the Order adopting this Consent Decree, neither Champion nor
the Commission will contest the validity of the Consent Decree or Order,
and Champion will waive any statutory right to a trial de novo with
respect to the matter upon which the Order is based, and shall consent to
a judgment incorporating the terms of this Consent Decree.
21. Champion agrees to waive any claims it may otherwise have related to
this matter under the Equal Access to Justice Act, 5 U.S.C. S: 504 and 47
C.F.R. S:S: 1.1501 et seq.
22. Any provision of this Consent Decree affected by or inconsistent with
any subsequent rule or order adopted by the Commission will be superseded
by such Commission rule or order.
23. Champion and the Bureau agree that the terms and conditions of this
Consent Decree shall remain in effect for a period of twenty-four (24)
months, which shall begin on the release date of the Order.
24. This Consent Decree may be signed in counterparts.
FEDERAL COMMUNICATIONS COMMISSION
By: Date:
George R. Dillon, Associate Chief
Enforcement Bureau
CHAMPION CABLE, LLC
___________________________________ Date: ____________________
By: Dave Haverkate, President & COO
In the Notice of Apparent Liability, the Denver Office inadvertently
listed Champion Broadband Colorado, LLC, a related company, as the owner
of the Holly, Colorado, cable system. The correct name of the system's
owner, Champion Cable, LLC, and its FCC Registration Number (FRN) are
listed in the caption of this Order and Consent Decree.
Champion sold the Holly, Colorado, system to NexHorizon of Colorado, Inc.,
effective February 1, 2007.
(...continued from previous page)
(continued....)
Federal Communications Commission
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Federal Communications Commission