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


In the Matter of                )
                                )       File No. EB-03-NY-090
Time Warner Cable, Albany Division      )
Albany, NY                      )       NAL/Acct. No. 
200432380004
                                )
                                )       FRN: 0008 4371 13


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   December  29, 
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, Albany Division  (``Time 
Warner'') has apparently  violated Sections 11.61(a)(1)(iii)  and 
11.61(a)(2)(i)(B) of the Commission's Rules (the ``Rules''),1  by 
failing to  conduct  required monthly  and  weekly tests  of  the 
Emergency Alert System (``EAS'').   We conclude that Time  Warner 
is apparently  liable  for a  forfeiture  in the  amount  of  two 
thousand dollars ($2,000).

                         II.  BACKGROUND

     2.   On June 5,  2003, a Commission  agent conducted an  EAS 
inspection of Time  Warner's headend location  at 130  Washington 
Avenue Extension,  Albany,  NY  12203.  Based  upon  the  agent's 
inspection of Time Warner's  station records, he determined  that 
Time Warner failed to conduct weekly tests of the EAS header  and 
EOM codes from January 5, 2003  to February 22, 2003, from  March 
23 to April 5, 2003, and from April 27 to May 31, 2003.  He  also 
determined that Time  Warner failed to  conduct required  monthly 
tests of the EAS header codes, Attention Signal, Test Script, and 
EOM code for the months of January 2003, and March 2003.
                        III.  DISCUSSION

     3.   Section 11.61(a)(1)(iii)  of the  Rules requires  cable 
systems to  conduct  required monthly  tests  of the  EAS  header 
codes, Attention Signal, Test Script, and EOM code that  conforms 
to  procedures  in  the  EAS  Operating  Handbook,  and   Section 
11.61(a)(1)(v) 2.  Time Warner's  station records failed to  show 
that required monthly  tests of the  EAS header codes,  Attention 
Signal, Test Script, and EOM  code were conducted for the  months 
of January 2003 and March 2003.

     4.   Section 11.61(a)(2)(i)(B) of  the 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 from January 
5, 2003 to February 22, 2003, from March 23 to April 5, 2003, and 
from April 27 to May 31, 2003.

     5.   Based on the  evidence before  us, we  find that,  Time 
Warner   willfully3    and    repeatedly4    violated    Sections 
11.61(a)(1)(iii) and 11.61(a)(2)(i)(B) of the Rules by failing to 
conduct required monthly tests of the EAS header codes, Attention 
Signal, Test Script, and EOM code for the months of  January 2003 
and March 2003, and by  failing to conduct required weekly  tests 
of the EAS header and EOM codes from January 5, 2003 to  February 
22, 2003, from March 23  to April 5, 2003,  and from April 27  to 
May 31, 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''),5 
sets the  base forfeiture  amount for  failure to  make  required 
measurements  or  conduct  required  monitoring  at  $2,000.   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,6 (``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  two  thousand  dollar  ($2,000)  monetary  forfeiture  is 
warranted.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules8,  Time  Warner  is  hereby  NOTIFIED  of  their   APPARENT 
LIABILITY FOR A FORFEITURE in the amount of two thousand  dollars 
($2,000)  for  willful  and   repeated  violations  of   Sections 
11.61(a)(1)(iii) and 11.61(a)(2)(i)(B) of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the  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. 200432380004 and FRN: 0008 4371 13. 

     10.  Any response  to this  NAL must  be mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554, and MUST INCLUDE THE NAL/Acct. No. 200432380004. 

     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. 20554.9

     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 Spectrum Enforcement  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, Albany Division, 130  Washington 
Avenue Extension, Albany, NY 12203.

                                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)(1)(iii)), and 11.61(a) (2)(i)(B).

2 47 C.F.R.  11.61(a)(1)(v).

3 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).

4 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.

547 C.F.R.  1.80.
6
47 U.S.C.  503(b)(2)(D).
7
 47 U.S.C.  503(b)

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

9 See 47 C.F.R.  1.1914.