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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelphia Communications ) File No. EB-05-BF-
008
)
Olean, New York ) NOV No.
V20053228014
)
)
)
NOTICE OF VIOLATION
Released: March 15,
2005
By the Resident Agent, Buffalo 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 a cable systems
serving Belmont, New York, Wellsville, New York, Olean, New
York and Alleghany, New York.
2. On February 22, 2005, an agent of the Commission's
Buffalo Office inspected the cable systems located at
Belmont, New York, Wellsville, New York, Olean, New York and
Alleghany, New York, and observed the following violation:
Section 76.605(a)(12) of the Rules requires that
cable operators maintain their cable system signal
leakage below 20 µV/m when operating in the
frequency band between 54 MHz and 216 MHz. 47
C.F.R. § 76.605(a)(12). Signal leakage in excess of
20 µV/m was measured at the following locations:
Date Fre- Signal Location
quency Strength
(MHz) (µV/m)
2/22/- 133.2- 190 116 Greenwich Street, Belmont,
2005 625 New York.
2/22/- 133.2- 220 Wellsville Central Middle/High
2005 625 School, West State, Wellsville,
New York
2/22/- 133.2- 240 Highland Health Care, 160 Seneca
2005 625 Street, Wellsville, New York
2/22/- 133.2- 210 639 East State Street, Olean, New
2005 625 York
2/22/- 133.2- 480 Rt. 417 in front of Anderson
2005 625 Equipment Company, Pole # 298A,
Alleghany, New York.
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 Communications 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 Adelphi
Communications. 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 Communications at
their address of record.
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
Northeast Region
Enforcement Bureau
_________________________
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.