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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Frontiervision Operating Partners LP ) File No. EB-06-NF-
009
d/b/a Adelphia, Operator of Cable Television )
System # 011749 for Community # NC0802 ) NOV No.
V200632640001
NOTICE OF VIOLATION
Released: February
7, 2006
By the Resident Agent¸ Norfolk Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Frontiervision Operating Partners LP, d/b/a Adelphia,
operator of the cable television system serving Halifax,
North Carolina.
2. On January 18 and 19, 2006, an agent of the
Commission's Norfolk Office of the Enforcement Bureau
inspected your system in Halifax and observed the following
violation(s):
2.a. 47 C.F.R. § 11.35(a) EAS Participants are
responsible for ensuring that EAS equipment is installed
so that the monitoring and transmitting functions are
available during the times the stations and systems are in
operation. At the time of the inspection you failed to
ensure that EAS equipment was installed so that the
transmitting functions were available during system
operation.
2.b. 47 C.F.R. § 76.605(a)(12): As an exception to the
general provision requiring measurements be made at
subscriber terminals, and without regard to the type of
signals carried by the cable television system, signal
leakage from a cable television system shall be measured
in accordance with the procedures outlined in §76.609(h)
and shall be limited as follows: Over 54 MHz, and less
than and including 216 MHz - 20 micro-volts per meter
measured at 3 meters. At the time of inspection signal
leakage was observed on the frequency121.2625 MHz as
follows:
1) 82 ?V/m@3m near SR-1100 in front of gray trailer
under line splice
2) 104 ?V/m@3m near SR-1100 at pole V176
3) 264 ?V/m@3m near 14 SR-1159
4) 82 ?V/m@3m near 18 SR-1158
5) 62 ?V/m@3m near 163 Ridge Road
6) 307 ?V/m@3m near Pole at Cedar Lane & Ridge Road
7) 92 ?V/m@3m near 54 Cedar Lane
8) 122 ?V/m@3m near On Cedar Lane near St David
Street
9) 183 ?V/m@3m near 354 and Business 301
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Frontiervision Operating Partners LP, d/b/a Adelphia,
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 the licensee. 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
Norfolk Office
1457 Mt Pleasant Rd Ste 113
Chesapeake VA 23322
4. This Notice shall be sent to Frontiervision Operating
Partners LP, d/b/a Adelphia, 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
Joseph P. Husnay
Resident Agent
Norfolk District Office
South Central Region
Enforcement BureauSend original to:
Frontiervision Operating Partners LP
dba Adelphia Communications
1 North Main Street
Coudersport PA 16915
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.