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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554

In the Matter of                )
Adelphia Communications         )            File No.   EB-04-BS-
Plymouth, Massachusetts         )            NOV              No.  

              5.                  NOTICE OF VIOLATION

                                             Released:  Dec. 13, 

By the District Director, Boston Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section  1.89   of   the   Commission's   Rules,1   to   Adelphia 
Communications operator  of the  cable system  serving  Plymouth, 

     On November  11, 2004,  agents  of the  Commission's  Boston 
Office inspected the cable system serving Plymouth, Massachusetts 
and observed the following violations:

  5.a.      47  C.F.R.   76.605(a)(12) ``...signal  leakage 
            from  a   cable  television   system  shall   be 
            measured... and  shall be limited as  follows:''  
            This  section  requires  that  cable   operators 
            maintain  their  cable  system  signal   leakage 
            below 20 V/m  in the frequency band between  54 
            MHz and  216 MHz.  Signal  leakage in excess  of 
            20   V/m   was  measured   at   the   following 

 Date    Fre-      Signal                 Location
        quency    Strength
         (MHz)     (V/m)
11/11-  133.2-  132          Front of 45 Davis St
/04     625
11/11-  133.2-      264      Snack    Bar   at    Nelson    St. 
/04     625                  Playground

         b. 47  C.F.R.  11.35(a) ``Broadcast stations and  cable 
            systems and  wireless cable  systems are  responsible 
            for  ensuring  that  Emergency  Alert  System   (EAS) 
            Encoders,   EAS   Decoders   and   Attention   Signal 
            generating and  receiving equipment used  as part  of 
            the  EAS are  installed so  that the  monitoring  and 
            transmitting  functions  are  available  during   the 
            times  the stations  and  systems are  in  operation.  
            Additionally, broadcast  stations, cable systems  and 
            wireless cable  systems must determine  the cause  of 
            any  failure  to   receive  the  required  tests   or 
            activations specified  in   11.61(a)(1) and  (2).''  
            Appropriate records  must be maintained as  specified 
            in   76.1711.   The  EAS records  at  your  facility 
            contained  no entries  for  EAS Monthly  Tests  after 
            July, 2004  and there were no  reasons given for  the 
            missing entries.
     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Adelphia  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  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
                 Boston Office
                 One Batterymarch Park
                 Quincy, MA 02169    

     This Notice  shall be  sent to  Adelphia Communications,  35 
Resnik Road, Plymouth, Massachusetts 02360.

     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 

                                Dennis V. Loria   
                                District Director
                                Boston 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.