Client Alert
Latest Consent Decree Demonstrates That The FCC Is Serious About Signal Leakage Enforcement
February 26, 2008
On September 28, 2006, the Enforcement Bureau ("Bureau") of the Federal Communications Commission ("Commission") issued a Notice of Apparent Liability ("NAL") to Champion Cable, LLC ("Champion") in the amount of $8,000, finding that Champion willfully and repeatedly violated Section 76.605(a)(12) of the Commission’s rules by operating its cable system in violation of signal leakage standards.
On February 20, 2008, the Bureau entered into a consent decree with Champion Pursuant to the terms of the decree, the Bureau will terminate its investigation of the NAL and Champion will pay a $1,000 fine.
Champion entered into the consent decree with the Commission after a field agent in Denver discovered and measured four signal leaks on aeronautical frequencies which exceeded the maximum Cumulative Leakage permitted. On March 28, 2006 Champion was directed to reduce power or cease operations until the signal leak was repaired. Champion responded that a repairman would be dispatched. The following day the field agent again measured the signal and determined that the leak had increased. On March 29, 2006, the Denver field office issued a "Shut Down Order," requiring Champion to suspend operation of the entire plant in order to eliminate potential hazardous interference with nearby air navigation stations and other public safety devices. Shortly thereafter the Denver office re-inspected the system and it was found to be in compliance with Commission rules.
This action by the Commission illustrates that the Commission is serious about remedying signal leakage problems expeditiously and that it will not hesitate to take action against companies who fail to comply or who do not make compliance a priority.
If you have any questions regarding enforcement of and compliance with the Commission's signal leakage rules, please contact Mark Palchick (email) or Danielle Benoit (email).
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