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


      In the Matter of                                     
                              )
                              )         File Number EB-02-LA-278
              Time Warner Cable                                                  NAL/Acct. No. 
                              )         200332900002
             3701 N Sillect Ave                                                   FRN # 0007935562           
                              )
          Bakersfield, CA 93308                                             
                              )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   December 
30, 2002 

By the Enforcement Bureau, Los Angeles Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Time  Warner Cable (``TWC''), the owner  of 
cable   television   system   serving   Bakersfield,   California 
(Community Unit  # CA0173)  apparently willfully  and  repeatedly 
violated  Section  76.1700(a)   of  the  Federal   Communications 
Commission  (``FCC'')  Rules  and  Regulations  (``Rules''),   by 
failing to maintain all required material in the system's  public 
inspection file.1  We conclude, pursuant to Section 503(b) of the 
Communication Act of  1934, as  amended (``Act''),2  that TWC  is 
apparently liable for  forfeiture in the  amount of ten  thousand 
dollars ($10,000).

                         II.  BACKGROUND

     2.   On July 30,  2002, an  agent from  the FCC  Enforcement 
Bureau's Los Angeles Field Office inspected the TWC cable  system 
located  in  Bakersfield,  California,  FCC  Physical  ID  Number 
004343, Community Unit # CA0173.  According to FCC records, TWC's 
Bakersfield  cable  system  serves  more  the  5000  subscribers.  
During the inspection, the agent noted that the public inspection 
was missing required  material.  The  file had  not been  updated 
with required commercial records on children programs since 2000; 
did not contain required proof of performance test data from  the 
winter of 2001 or the spring of 2002; and did not include any  of 
the required signal leakage log and repair records since the  2nd 
quarter of 2001.  In addition, the public inspection file did not 
contain  a  statement   of  the  operators   interest  in   video 
programming. 

                        III.  DISCUSSION

     3.   Section 503(b) of the Act provides that any person  who 
willfully or repeatedly  fails to comply  substantially with  the 
terms and conditions of any  license, or willfully or  repeatedly 
fails to comply  with any  of the provisions  of the  Act or  any 
rule, regulation or  order issued by  the Commission  thereunder, 
shall be liable for a forfeiture penalty.  The term "willful"  as 
used in Section 503(b) has  been interpreted to mean simply  that 
the acts  or  omissions  are committed  knowingly  and  the  term 
``repeatedly'' means the commission or omission of such act  more 
than once or for more than one day.3

     4.   Section  76.1700(a)  of  the  Rules  states,  in  part, 
``[t]he operator of every cable television system having 5000  or 
more subscribers  shall maintain  for  public inspection  a  file 
containing a copy of all records which are required to be kept by 
    76.1701    (political    file);    76.1715     (sponsorship 
identifications): 76.1702 (equal employment opportunity); 76.1703 
(commercial records for  children's programming); 76.1704  (proof 
of performance  test  data);  76.1706 (signal  leakage  logs  and 
repair records).4   In  addition, section  76.1710 of  the  Rules 
provides that cable operators are required to maintain records in 
their public  file  regarding  the nature  and  extent  of  their 
attributable interests in all video programming services as  well 
as  information  regarding  their  carriage  of  such  vertically 
integrated video programming services  on cable systems in  which 
they have an  attributable interest.5   On July  30, 2002,  TWC's 
public inspection file was missing much of the required material, 
including commercial records for children's programming, proof of 
performance test data,  signal leakage logs  and repair  records, 
and records  of  attributable  interests  in  video  programming.   
Based on the evidence before us,  we find that TWC willfully  and 
repeatedly violated Section 76.1700(a) of the Rules by failing to 
maintain the required public inspection file.  

     5.   Pursuant  to  Section  1.80   of  the  Rules  and   The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of  the  Rules  to Incorporate  the  Forfeiture  Guidelines, 
("Forfeiture Policy Statement"),6 the base forfeiture amount  for 
violation of public  file rules  is $10,000.7   In assessing  the 
monetary forfeiture amount,  we must also  take into account  the 
statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 
Communications Act of 1934  (``Act''), as amended, which  include 
the  nature,   circumstances,   extent,  and   gravity   of   the 
violation(s), and with  respect to  the violator,  the degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other such  matters as  justice  may require.8   Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act  of  1934,  as  amended,  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules, TWC  is 
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the 
amount  of  ten  thousand  dollars  ($10,000),  for  willful  and 
repeated violation of Section 76.1700(a) of the Rules.9 

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules within thirty days of the release date  of 
this NOTICE OF APPARENT LIABILITY, TWC SHALL PAY the full  amount 
of the  proposed forfeiture  or SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     8.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the FCC  Registration  Number  (``FRN'') and  the  NAL/Acct.  No. 
referenced in the caption.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communication Commission,  Office  of  the  Secretary,  445  12th 
Street, S. W.,  Washington, DC 20554,  Attn. Enforcement  Bureau, 
Technical  &  Public  Safety  Division,  and  must  include   the 
NAL/Acct. No. referenced in the caption.  

     10.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal   Communication  Commission,   Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.10 

     12.   Under the Small Business Paperwork Relief Act of 2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate  filing  to  be  sent  to  the  Federal   Communications 
Commission,  Enforcement  Bureau,   Technical  &  Public   Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     13.   IT IS  FURTHER ORDERED  THAT this  NOTICE OF  APPARENT 
LIABILITY shall be sent by regular mail and Certified Mail # 7001 
2510 0001 9914  5883, Return  Receipt Requested,  to Time  Warner 
Cable, 3701 N Sillect Ave., Bakersfield, CA 93308.




                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Catherine Deaton
                              District   Director,    Enforcement 
Bureau
                                                     October 2002


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                  International Services
International Broadcast 
Stations






                                $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 47 C.F.R.  76.1700(a). 

2 47 U.S.C.  503(b).

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[t]he term `willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act or any rule or regulation of the Commission authorized 
by this Act....'' See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C.  
312(f)(1), which also applies to violations for which forfeitures 
are assessed under Section 503(b) of the Act, provides that 
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''

4 47 C.F.R  76.1700(a).

5 47 C.F.R  76.1710.

6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

7 47 C.F.R.  1.80.

8 47 U.S.C.  503(b)(2)(D).

9 47 C.F.R.  0.11, 0.311, 1.80, 76.1700(a).

10 See 47 C.F.R.  1.1914.