Hi David,
Physically and logically all the ports are the same. The ACT/Link is only description of the LED which applies to all the ports not only the first one.
I am not familiar with DPC3939B but I think it is a gateway doing routing and NAT and if your purpose to increase number of ports by adding switch, it is correct setup.
You may connect this modem/gateway to port 17 or 18 as those are directly connected interfaces and are more suitable for uplink ports.
I hope it helps,
Aleksandra