Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                )
Time Warner Entertainment Company, LP   )         File No. EB-04-
ASR #1016327                    )              NOV            No. 
London, Ohio                    )

                       NOTICE OF VIOLATION

                                               September 23, 2004

By the District Director, Detroit 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 Entertainment Company, LP (``Time Warner'').

     2.   On July  20,  2004, this  office  received  information 
reporting that  your  antenna  tower  located  in  London,  Ohio, 
Antenna Structure  Registration (``ASR'')  #1016327, has  strobes 
operating day and night but should have strobes on during the day 
and red  lights  at night.   Subsequently,  a Letter  of  Inquiry 
(``LOI'') was sent  to Time  Warner on July  22, 2004  requesting 
information about this structure.  Based upon your response,  you 
are in violation of the following:

          a.   47  C.F.R.     17.23:   ``Unless   otherwise 
     specified  by  the  Commission,  each  new  or  altered 
     antenna structure to be registered on or after  January 
     1,  1996,  must  conform  to  the  FAA's  painting  and 
     lighting recommendations set  forth on the  structure's 
     FAA determination of ``no hazard,''... as referenced in 
     the FAA Advisory Circulars...''  The specifications for 
     ASR #1016327  are assigned  according to  FAA  Circular 
     70/7460-1K, chapters  4, 8  and 12.   Medium  intensity 
     lighting should  be used  during  the daytime  and  red 
     lighting at  nighttime.   However, you  have  installed 
     medium intensity lighting on the tower for daytime  and 
     nighttime, FAA Circular 70/7460-1K,  chapters 4, 6  and 
     12.  You are not authorized  to change the lighting  on 
     this   structure    unless   the    Federal    Aviation 
     Administration (``FAA'') approves it.  In addition, the 
     FCC must authorize any lighting change.

          b.   47 C.F.R.  17.57:  ``The owner of an antenna 
     structure for which  an Antenna Structure  Registration 
     Number as  been  obtained must  notify  the  Commission 
     within 24 hours of completion of construction...''  The 
     information you  supplied to  the Commission  does  not 
     correctly  indicate   the  lighting   on  the   antenna 

          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  Entertainment  Company, LP,  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 licensee 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
                    Detroit Office
                    24897 Hathaway Street
                    Farmington Hills, MI 48335-1552

     4.   This Notice shall be sent to Time Warner  Entertainment 
Company, LP, 13241 Woodland Park Road, Herndon, Virginia 20171.

     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 
your  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

                              James A. Bridgewater
                              District Director
                              Detroit Office

Cc:  Time Warner Entertainment Company, LP
     1266 Dublin Road
     Columbus, Ohio 43215

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