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

In the Matter of                )
Time Warner Communications      )            File  No.  EB-03-BF-
Rochester, New York             )
                                )            NOV              No.  
Attention: Tom Allen            )

                       NOTICE OF VIOLATION

                                             Released:  December 
12, 2003

By the Resident Agent, Buffalo Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to Time 
     Warner Communications, operator of the cable system  serving 
     Rochester, New York.

  2.      On November  20,  2003  an agent  of  the  Commission's 
     Buffalo Office inspected the cable system in Rochester,  New 
     York and observed the following violation:

       47  C.F.R.   76.605 (a)(12):  ``.... signal  leakage 
       from a cable  television system shall be measured  in 
       accordance  with   the  procedures   outlined  in    
       76.609(h) and  shall be  limited as  follows:....Over 
       54 up to and including 216 MHz, .... 20 uV/m.''   The 
       agent detected and measured signal leakage in  excess 
       of 20  microvolts per meter allowed  by the rules  at 
       the following locations  in Rochester, New York  with 
       the  indicated  field  strength  in  microvolts   per 

            1.   Rustic  Village  Apartments,  pole   behind 
            building          310 uV/m
                 # 333, RG&E # 1J

            2.  Herietta Road and  Flatt Road               
            160 uV/m

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Time  Warner  Communications 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 the  cable 
     system with personal knowledge  of the matter.  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
                 Buffalo Office
                 1307 Federal Building
                 Buffalo, New York 14202

  4.      This   Notice   shall   be   sent   to   Time    Warner 
     Communications,  Attn:   Tom  Allen,  71  Mount  Hope  Ave., 
     Rochester, New York 14620-1090.

  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 

                                David A. Viglione
                                Resident Agent
                                Buffalo Office


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).

3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.