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


In the Matter of                )
                                )       File No. EB-03-NY-019
Time Warner Cable               )
Ferndale, NY                    )       NAL/Acct. No. 
200332380019
                                )
                                )       FRN: 0008-4371-13


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:     March   31, 
2003

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that Time  Warner Cable  (``Time Warner'')  has 
apparently violated  Sections 11.61(a)(2)(i)(B)  and 11.61(b)  of 
the Commission's Rules  (the ``Rules''),1 by  failing to  conduct 
required weekly tests of the Emergency Alert System (``EAS'') and 
failing to maintain station records  of required weekly EAS  test 
messages.  We conclude that Time Warner is apparently liable  for 
a forfeiture in the amount of three thousand dollars ($3,000).

                         II.  BACKGROUND

     2.   On February 5, 2003, Commission agents conducted an EAS 
inspection of  Time Warner's  headend location  at 131  Firetower 
Road, Wurtsboro, NY 12790.  Based upon the agents' inspection  of 
Time Warner's station records,  they determined that Time  Warner 
failed to conduct required weekly tests of the EAS header and EOM 
codes for the weeks of  November 10-23, 2002, December 15,  2002-
January 4, 2003, and January 12-25, 2003, and failed to  maintain 
EAS equipment  so  that  it  is capable  of  receiving  EAS  test 
messages for  the weeks  of November  10-23, 2002,  December  15, 
2002-January 4, 2003, and January  12-25, 2003.  They also  found 
that Time  Warner  had  failed to  maintain  station  records  of 
required weekly EAS tests received for the weeks of November  10-
23, 2002, December 15, 2002-January  4, 2003, and January  12-25, 
2003, and state reasons why EAS tests were not received.

                        III.  DISCUSSION

     3.   Section 11.61(a)(2)(i)(B)  of  the  Commission's  Rules 
requires cable systems  to conduct required  weekly tests of  the 
EAS header and EOM codes at least once a week at random days  and 
times.   Time  Warner's  station  records  failed  to  show  that 
required weekly  tests  of the  EAS  header and  EOM  codes  were 
conducted for the  weeks of  November 10-23,  2002, December  15, 
2002-January 4, 2003, and January 12-25, 2003.  

     4.     Section 11.61(b) of  the Commission's Rules  requires 
cable systems to make  entries in station  records of weekly  EAS 
tests received.  Entries were not made in the station records  of 
EAS tests  received  for  the  weeks  of  November  10-23,  2002, 
December 15, 2002-January  4, 2003, and  January 12-25, 2003,  or 
reasons why required weekly EAS tests were not received. 

     5.   Based on the  evidence before  us, we  find that,  Time 
Warner   willfully2    and    repeatedly3    violated    Sections 
11.61(a)(2)(i)(B) and 11.61(b) of the Rules by failing to conduct 
required weekly tests  of the EAS  header and EOM  codes for  the 
weeks of November 10-23, 2002, December 15, 2002-January 4, 2003, 
and January 12-25, 2003,  and failing to  log entries of  reasons 
why required weekly EAS tests were not received for the weeks  of 
November 10-23,  2002, December  15,  2002-January 4,  2003,  and 
January 12-25, 2003.

     6.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement''),4 
sets the  base forfeiture  amount for  failure to  make  required 
measurements or conduct required  monitoring at $2,000, and  base 
forfeiture for failure  to maintain required  records at  $1,000.  
In assessing the  monetary forfeiture amount,  we must take  into 
account the statutory factors  set forth in Section  503(b)(2)(D) 
of the Communications Act of  1934, as amended,5 (``Act'')  which 
include the  nature, circumstances,  extent, and  gravity of  the 
violation, 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.   Applying   the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a  three thousand  dollar  ($3,000) monetary  forfeiture  is 
warranted.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Communications Act of 1934, as amended,6  (``Act'') 
and Sections 0.111,  0.311 and 1.80  of the Commission's  Rules7, 
Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR  A 
FORFEITURE in the amount of  three thousand dollars ($3,000)  for 
willful and repeated violations of Sections 11.61(a)(2)(i)(B) and 
11.61(b) of the Commission's Rules.

     8.   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, Time Warner SHALL PAY the full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     9.   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 should note the 
NAL/Acct. No. 200332380019 and FRN: 0008-4371-13. 

     10.  Any response  to this  NAL must  be mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332380019. 

     11.  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.  

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.8

     13.  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 Technical  and 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.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Time  Warner Cable, One  Cablevision Center,  Second 
Floor - Suite 2, Ferndale, NY 12734.  

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A - FCC List of Small Entities, October 2002

_________________________

1 47 C.F.R.  11.61(a)(2)(i)(B) and 11.61(b).
2 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which 
applies to 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 ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

3 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.

447 C.F.R.  1.80.
5
47 U.S.C.  503(b)(2)(D).
6
 47 U.S.C.  503(b)

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.