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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelphia Communications ) File No. EB-06-BF-102
Physical System ID # 007355 )
Utica, New York ) NOV No. V20063228015
NOTICE OF VIOLATION
Released: June 6, 2006
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 to Adelphia Communications, operator of
a cable system serving Utica, New York.
2. On May 23, 2006, an agent of the Commission's Buffalo Office monitored
Adelphia Communications' cable system located in Utica, New York, and
observed the following violation:
47 C.F.R. S 76.605(a)(12): "As an exception to the general provision
requiring measurements to 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 up to and including 216 MHz...... 20 micro-volts
per meter, measured at 3 meters." At the time of the inspection, the agent
measured signal leakage in excess of 20 mV/m on the frequency of 121.2625
MHz at the following locations:
Frequency Signal Strength
Date Location
(MHz) (uV/m)
LI Pole #23, NM Pole # 382, in
5/23/06 121.2625 271 front of Schallor Pool Water,
Rt. 5 west of Kirkland, NY
NYT Pole #8, LI Pole #8,
5/23/06 121.2625 113 Ballantyne Brae, Utica, in
front of brick house
NYT Pole #19, LI Pole
5/23/06 121.2625 97 #247,across the street from 15
Prospect St., Utica
At or near NM Pole #4/NYT Pole
5/23/06 121.2625 81 #4, Degraff Street,
Schenectady, NY
5/23/06 121.2625 177 Pole across the street from
1448 Kemble Street, Utica
Corner of Dakin St. & Park
5/23/06 121.2625 113 Ave., Utica, in front of
Mariah Olivet United
Presbyterian Church
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
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
6400 Sheridan Drive
Suite 140
Williamsville, New York 14221
4. This Notice shall be sent to Adelphia Communications at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission