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

In the Matter of                )
Adelphia Communications         )            File  No.  EB-04-CF-
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 
     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 

                                Charles C. Magin
                                District Director
                                Columbia Office
                                Northeast Region
                                Enforcement Bureau

cc: Adelphia Communications, 302 N. Mildred Street, Ranson, WV 


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.