******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                )
                                )
Adelphia Communications         )            File  No.  EB-05-BF-
165
                                )
Penn Yan, New York              )            NOV No. V20053228024
                                )
                                )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: June 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 Adelphia Communications, operator of a cable 
     system serving Penn Yan, New York.

  2.      On May 17, 2005, an agent of the Commission's Buffalo 
     Office inspected the cable system located at Penn Yan, 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 measured at 3 meters when 
       operating in the frequency band between 54 MHz and 
       216 MHz.  The agent measured signal leakage in 
       excess of 20 µV/m on 127.2625 MHz at the following 
       location: 


 Date    Fre-      Signal                 Location
        quency    Strength
         (MHz)     (µV/m)
5/17/-  127.2-      195      Between  404  & 406  Liberty  St., 
05      625                  Penn Yan, NY


  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 Adelphia 
     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
                 111 W. Huron Street
                 Buffalo, New York 14202


  4.      This Notice shall be sent to Adelphia Communications 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.