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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelphia Communications ) File No. EB-04-CF-
353
Cable TV System Operator )
Community Unit WV0112 ) NOV No. V20053234002
Charles Town, WV )
)
NOTICE OF VIOLATION
Released: October,
15, 2004
By the District Director, Columbia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Adelphia Communications, operator of Cable TV System WV0112,
Charles Town, West Virginia.
2. On October 5, 2004, agents of the Commission's Columbia
Office inspected the Cable TV System in Charles Town, West
Virginia, and observed the following violation(s):
47 C.F.R. § 76.605(a)(12): Signal leakage from cable
systems shall be limited to 20 micro-volts/meter
measured at 3 meters in the frequency band of 54 to
216 MHz. The agents measured leakage on 121.2625
MHz in excess of the limits as follows:
Location: Signal
level:
(mv/m)
Pole with tap on West side of
McDonalds Restaurant parking
lot on Rt. 340 East side of 700
Charles Town, WV
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, the Cable TV System operator must submit a written
statement concerning this matter within twenty (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
TV System operating company. 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
Columbia Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to Adelphia Communications, 1
W. Main Street, Coudersport, PA 16916.
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
Charles C. Magin
District Director
Columbia Office
Northeast Region
Enforcement Bureau
cc: Adelphia Communications, 302 N. Mildred Street, Ranson, WV
25438-1455
_________________________
147 C.F.R. § 1.89.
247 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.