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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelphia Cable Communications ) File No. EB-03-BF-
122
Buffalo, New York )
) NOV No.
V20043228003
)
)
Attention: Steve Paulik )
NOTICE OF VIOLATION
Released: October
30, 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
Adelphia Cable Communications, operator of the cable system
serving Hamburg/Buffalo, New York.
2. On October 23, 2003, an agent of the Commission's
Buffalo Office inspected the cable system in
Hamburg/Buffalo, 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 Hamburg/Buffalo, New York
with the indicated field strength in microvolts per
meter.
1. Comfort Inn, Commerce Place, Hamburg, NY
180 uv/m
2. Stone & Bailey, Buffalo, NY
210 uv/m
3. 247 Brinkman, Buffalo, NY
185 uv/m
4. 80-82 Zenner, Buffalo, NY
220 uv/m
5. Opposite 155 Nevada, Buffalo, NY
165 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, Adelphia Cable 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 Adelphia Cable
Communications, Attn: Steve Paulik, 1700 Commerce Parkway,
Lancaster, New York 14086.
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
COMMISSION
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.