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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Entertainment Company LP ) File No. EB-05-
DT-165
)
Harrison, Ohio ) NOV No. V20053236010
)
NOTICE OF VIOLATION
Released: July 29,
2005
By the Detroit Office, Northeast Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Federal Communications
Commission's Rules (``the Rules''),1 to Time Warner
Entertainment Company LP (``Time Warner''), operator of a
cable television system serving Harrison, Ohio.2
2. On April 22, 2005, agents from the Commission's Detroit
Office inspected the cable systems located in Harrison, Ohio
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 when operating in the frequency
band between 54 MHz and 216 MHz. 3 The Detroit Office
agents measured signal leakages in excess of 20 µV/m at
the following locations:
Date Fre- Signal Location
quency Level
(MHz) (µV/m)
4/22/- 121.2- 30 On left side of 507 Kater Avenue,
2005 625 Harrison, Ohio
4/22/- 121.2- 216 In front of house west of 211 East
2005 625 Broadway, Harrison, Ohio
4/22/- 121.2- 156 In front of City of Harrison Fire Dept
2005 625 (Harrison Avenue side), Harrison, Ohio
4/22/- 121.2- 95 Between 339 and 341 S. Elm Street,
2005 625 Harrison, Ohio
3. Pursuant to Section 403 of the Communications Act of
1934, as amended,4 and Section 1.89 of the Commission's
Rules, Time Warner 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. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
4. This Notice shall be sent to Time Warner Entertainment
Company LP at its address of record.
5. The Privacy Act of 19745 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.6
FEDERAL COMMUNICATIONS
COMMISSION
James Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
2The cable leakage at issue here inadvertently was included in a
Notice of Violation issued to Frontiervision Operating Partners
LP on June 13, 2005 (V20053236009;EB-05-DT-166).
3
247 C.F.R. § 76.605(a)(12).
447 U.S.C. § 403.
5 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
6 18 U.S.C. § 1001 et seq.