Cox Communications FCC violation--poaching on government wavelengths

http://www.fcc.gov/eb/FieldNotices/2003/DOC-259163A1.html

Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of )
)
Cox Communications, Inc. ) File No. EB-05-SD-
101
)
Physical System ID # 006623 )
)
Casa Grande, Arizona ) NOV No.
V20053294005
)
)

NOTICE OF VIOLATION

Released: June 2,
2005

By the District Director, San Diego Office, Western Region,
Enforcement Bureau:

1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Cox
Communications, Inc., the operator of a cable television
system in Casa Grande, Arizona.

2. On May 12, 2005, an agent from the Commission's San
Diego Office inspected the cable system operated by Cox
Communications, Inc. in Casa Grande, Arizona, and observed
the following violation:

a. 47 C.F.R. § 76.612(a): ``All cable television
systems which operate in
the frequency bands 108-137 and 225-400 MHz ...
must operate at frequencies offset from certain
frequencies which may be used by aeronautical
radio services operated by Commission licensees or
by the United States Government.'' In this
instance, the visual carrier frequency of cable
channel 45 measured 349.2971 MHz. The nearest
permitted offset channel is 349.2875 MHz. This
cable channel was measured with a difference of
9.6 kHz from the nearest permitted offset channel,
which exceeds the allowable tolerance by 4.6 kHz.
Also, the visual carrier frequency of cable
channel 51 measured 385.3008 MHz. The nearest
permitted offset channel is 385.3125 MHz. This
cable channel was measured with a difference of
11.7 kHz from the nearest permitted offset
channel, which exceeds the allowable tolerance by
6.7 kHz.

3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Cox Communications, Inc., 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 Cox
Communications, Inc. 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, California 92111

4. This Notice shall be sent to Cox Communications, Inc.
of Casa Grande, Arizona 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




William R. Zears Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau
_________________________

147 C.F.R. § 1.89.

247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.