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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Time Warner Cable ) File No.: EB-FIELDSCR-13-00008763


   Cable System Operator ) NOV No.: V201332540011


   Beeville, Texas ) Physical System ID: 002250


                              NOTICE OF VIOLATION

   Released: June 7, 2013

   By the Resident Agent, Houston Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Time Warner Cable, operator of a
       cable system in Beeville, Texas. Pursuant to Section 1.89(a) of the
       Rules, issuance of this Notice does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation(s) noted herein.^

    2. On May 20, 2013, an agent of the Enforcement Bureau's Houston Office
       inspected the cable system located in Beeville, Texas and observed the
       following violation:

     a. 47 C.F.R. 76.612: "All cable television systems which operate in the
        frequency bands 108-137 and 225-400 MHz shall comply with the
        following frequency separation standards: (a): In the aeronautical
        radiocommunication bands 118-137, 225-328.6 and 335.4-400 MHz, the
        frequency of all carrier signals or signal components carried at an
        average power level equal to or greater than 10^-4 watts in a 25 kHz
        bandwidth in any 160 micro-second period must operate at frequencies
        offset from certain frequencies which may be used by aeronautical
        radio services operated by Commission licensees or by the United
        States Government or its Agencies. The aeronautical frequencies from
        which offsets must be maintained are those frequencies which are
        within one of the aeronautical bands defined in this subparagraph,
        and when expressed in MHz and divided by 0.025 yield an integer. The
        offset must meet one of the following two criteria: (1) All such
        cable carriers or components shall be offset by 12.5 kHz with a
        frequency tolerance of +-5 KHz; or (2) The fundamental frequency from
        which the visual carrier frequencies are derived by multiplication by
        an integer number which shall be 6.0003 MHz with a tolerance of +-1Hz
        (Harmonically Related Carrier (HRC) comb generators only)." At the
        time of inspection a frequency carrier was observed operating at
        127.250 MHz.

    3. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Time Warner Cable must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Time Warner
       Cable to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Time Warner Cable with personal knowledge of the
       representations provided in Time Warner Cable's response, verifying
       the truth and accuracy of the information therein,^ and confirming
       that all of the information requested by this Notice which is in Time
       Warner Cable's possession, custody, control, or knowledge has been
       produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. 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

   Houston Office

   9597 Jones Road, #362

   Houston, Texas 77065

    6. This Notice shall be sent to Time Warner Cable at its address of

    7. The Privacy Act of 1974^ 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.


   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

   Federal Communications Commission


                       Federal Communications Commission