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


In the Matter of                )
                                )
Time Warner Cable               )            File  No.  EB-05-BF-
073
                                )
Stafford, New York              )            NOV No. V20053228018 
                                )
                                )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: April 6, 
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 (the 
     ``Rules''),1 to Time Warner Cable, operator of a cable 
     system serving Batavia, New York.

  2.      On April 5, 2005, an agent of the Commission's Buffalo 
     Office inspected the cable system located at Batavia, 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 location:  


 Date    Fre-      Signal                 Location
        quency    Strength
         (MHz)     (µV/m)
3/03/-  127.2-      292      4936 - 5299 S.R. 63  (Ellicott St. 
05      625                  Rd.,  Batavia, NY);  lat  425746N, 
                             long 0780807W

  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 Cable, 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 it and signed by a principal or officer of Time Warner 
     Cable.  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 Time Warner Cable, at its 
     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




                                Gene J. Stanbro
                                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.