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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                        )                               
                                                 File Number EB-07-SE-352    
     Oceanic Time Warner Cable,              )                               
                                                 NAL/Acct. No. 200932100002  
     a division of Time Warner Cable, Inc.   )                               
                                                 FRN 0018049841              
     Oceanic Kauai Cable System              )                               


                                                  Released: February 13, 2009

   By the Chief, Enforcement Bureau:

   1. On January 19, 2009, the Enforcement Bureau released a Forfeiture
   Order, DA 09-123, in the above captioned proceeding. This Erratum corrects
   footnote 55 to read as follows:

   "Navigation Devices Order, 13 FCC Rcd at 14789."

   2. This Erratum also corrects paragraph 18 to read as follows:

   "Finally, we disagree with TWC's claims that there is no record support
   for the allegation that as a result of the deployment of SDV, UDCPs lose
   certain functions, such as picture-in-picture, and that the NAL does not
   take the balanced approach to equipment compatibility that is required by
   Section 624A. Section 624A of the Act expressly mandates that the
   Commission "minimize interference with or nullification of the special
   functions of subscriber's television receivers or video cassette
   recorders,"  and thus ensures the full compatibility of these devices with
   the cable system. The deployment of SDV and the requirement that a
   customer use a company-supplied set top box to view the now switched
   channels, negates whatever functionalities were available in the UDCP for
   those of the company-supplied set-top box. The Commission received
   numerous complaints from affected consumers. For instance, some cable
   operators have migrated linear HD programming to an SDV format, thus
   rendering useless the high definition capability of the navigation device.
   In addition, many complaints from consumers indicate that SDV deployment
   has affected their use of TiVo. One of TiVo's main features is the ability
   to watch one program while recording another (i.e., TiVo Series 3 was
   designed with two CableCARD slots - one single-stream CableCARD ("S-Card")
   to decrypt the programming that the TiVo is recording, and another S-card
   to decrypt the programming that the TiVo is displaying). The functionality
   of TiVo is lost with the use of the company-supplied set-top box, which
   has its own built-in functionality."


   Kris Anne Monteith

   Chief, Enforcement Bureau

   TWC Response at 17-20.

   47 U.S.C. S: 544a(c)(1)(B).

   Federal Communications Commission DA 09-94


   Federal Communications Commission