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


In the Matter of                )
                                )
Adelphia Communications         )            File  No.  EB-05-BF-
242
                                )
Utica, New York                 )            NOV No. V20063228004
                                )
                                )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: October 
11, 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 Utica, New York.

  2.      On August 24, 2005, an agent of the Commission's 
     Buffalo Office inspected the cable system located at Utica, 
     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 micro volts per meter (µV/m) when 
       operating in the frequency band between 54 MHz and 
       216 MHz.  See 47 C.F.R. § 76.605(a)(12).  The agent 
       measured signal 


 Date    Fre-      Signal                  Location
        quency    Strength
         (MHz)     (µV/m)
08/24-  139.250      77       At or near NM  Pole #17, Keyes Road 
/05                           (near 515 Keyes Rd.), Utica, NY
08/24-  139.250      89       At  or near  NM   Pole #69/NYT  73, 
/05                           Cosby Manor Road  near Beaton Road, 
                              Utica, NY
08/24-  139.250      81       At  or near  421  & 425  Cedarbrook 
/05                           Cres, Line  499/NM pole  #5, Utica, 
                              NY
08/24-  139.250      85       At  or  near   444  Larchmont  Ave. 
/05                           (yellow house), Utica, NY
08/24-  139.520      83       At or  near 476 Euclid  Rd., Utica, 
/05                           NY




  3.      Pursuant to Section 403 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. § 403.

3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.