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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-
245
)
Cortland, New York ) NOV No. V20063228008
)
)
)
NOTICE OF VIOLATION
Released: October
13, 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 Cortland, New York.
2. On September 14, 2005, an agent of the Commission's
Buffalo Office inspected the cable system located at
Cortland, 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 leakage in excess of 20 µV/m at the
following locations:
Date Fre- Signal Location
quency Strength
(MHz) (µV/m)
09/14- 127.26- 91 At or near NM pole #58, Route 11,
/05 25 Cortland, NY
Near ETL SEMKO
09/14- 127.26- 66 At or near 11 Greenbush Street,
/05 25 Cortland, NY
09/14- 127.26- 99 At or near Palm Gardens Bar, Elm
/05 25 Street, Cortland, NY,
Across the street from NYT pole #10
09/14- 127.26- 66 At or near 90 Groton Ave.(student
/05 25 housing), Cortland, NY
09/14- 127.26- 78 At Tallmadge Tire Auto Service
/05 25 Center, corner of Groton Avenue and
Homer Avenue, Cortland, NY
3. Pursuant to Section 403 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. § 403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.