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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-
162
)
Livonia, New York ) NOV No. V20053228025
)
)
)
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 Time Warner Cable, operator of a cable system
serving Livonia, New York.
2. On May 17, 2005, an agent of the Commission's Buffalo
Office inspected the cable system located at Livonia, New
York, and observed the following violations:
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
locations.
Date Fre- Signal Location
quency Strength
(MHz) (µV/m)
5/17/- 127.2- 273 18 Big Tree Street (Rt. 20A),
05 625 Livonia, NY
5/17/- 127.2- 77 Corner of Woodruff & Richmond
05 625 Mills Rd. (Rt. 20A); NM pole#
151, Livonia Center, 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, 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 itself 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
111 W. Huron Street
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.