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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                               
     In the Matter of                                                       
                                            )                               
     Time Warner Entertainment Company LP                                   
                                            )     File Number EB-05-NY-216  
     Operator of Cable Television System                                    
                                            )   NAL/Acct. No. 200632380009  
     Community Unit ID: NY1280                                              
                                            )            FRN  0003 4771 48  
     Physical System ID: 009040                                             
                                            )                               
     Brooklyn, NY                                                           
                                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 18, 2006

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Time Warner Entertainment Company LP ("Time Warner"), operator of
       a cable television system in Brooklyn, New York, apparently willfully
       and repeatedly violated Section 76.605(a)(12) of the Commission's
       Rules ("Rules") by operating its cable system in violation of cable
       signal leakage standards. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Time Warner
       is apparently liable for a forfeiture in the amount of eight thousand
       dollars ($8,000). We also admonish Time Warner for failing to timely
       file FCC Form 320 reporting the results of its cable signal leakage
       testing as required under Section 76.1803 of the Rules.

   II. BACKGROUND

    2. On August 30 and 31, 2005, an agent of the FCC Enforcement Bureau's
       New York Office conducted cable television signal leakage measurements
       of Time Warner's cable television system serving a portion of
       Brooklyn, New York. On both dates, the agent identified and measured
       on aeronautical frequency 121.2625 MHz the same four leaks greater
       than 20 microvolts per meter (uV/m) measured at least 3 meters from
       the leak. The leaks ranged in signal strength from 57 uV/m to 4,032
       uV/m. (See Attachment A). Section 76.605(a)(12) of the Rules limits
       basic signal leakage in the frequency band from 54 MHz up to and
       including 216 MHz to 20 uV/m at a distance of 3 meters at any point in
       the system. Because Time Warner was operating on aeronautical
       frequencies, the system also was subject to the requirement in Section
       76.611(a)(1) of the Rules that it conduct measurements annually to
       ensure that the totality of the system's leaks does not exceed a
       Cumulative Leakage Index ("CLI") value of 64. The CLI for the largest
       leak alone, which was located at the back of 171 92^nd Street in
       Brooklyn, NY, was 72.11. The calculated value of the CLI for all four
       leaks combined was 72.13.

    3. After making the leakage measurements on August 31, 2005, the agent
       spoke by telephone to Time Warner's Vice President of Engineering and
       Time Warner's Director of Plant Engineering, and informed them of the
       locations of the four leaks. The agent advised them that the leak
       which exceeded the CLI must be repaired immediately or they would need
       to cease operations on aeronautical frequencies. They stated that a
       repair technician would be dispatched immediately and that the major
       leak would be repaired that day. At the request of the agent, the
       Director of Plant Engineering stated that he would fax a leakage
       report to the New York Office when the leaks were repaired.

    4. On September 1, 2005, Time Warner's Director of Plant Engineering
       reported to the agent that the leak at the back of 171 92^nd Street
       had been repaired and that he would send a report to the New York
       Office when the remaining leaks were corrected.

    5. On September 20, 2005, Time Warner's Director of Plant Engineering
       faxed to the New York Office the Leakage Find and Repair Report. The
       report indicated that three of the four reported leaks were found and
       repaired by Time Warner on August 31, 2005, including the major leak
       at 171 92^nd Street, which the agent found to exceed the CLI.

    6. On October 26, 2005, the New York Office sent a Letter of Inquiry
       ("LOI") to Time Warner, requesting information regarding the signal
       leakage at 171 92^nd Street in particular and, more generally, Time
       Warner's signal leakage monitoring program. In a response dated
       November 16, 2005, Time Warner stated that after being notified of the
       signal leakage on August 31, 2005, it immediately dispatched a CLI
       crew to repair the leak. Time Warner stated that it believed the cause
       of the largest leak was a recent pole installation by Verizon. More
       specifically, Time Warner stated that "[i]t appears that, during the
       removal of the old pole and the installation of the new pole, the
       cable belonging to Time Warner broke at the tap, which, as a result,
       caused the signal leakage at issue." The response also detailed Time
       Warner's "Comprehensive Signal Leakage Monitoring Program." In
       addition, Time Warner reported that a "Structured Quarterly Snapshot"
       of the entire Brooklyn system was performed between May 16 and May 24,
       2005 and submitted the documentation it planned to include with its
       filing of FCC Form 320 on or before December 31, 2005.

    7. On November 18, 2005, the agent contacted Verizon regarding pole
       replacements at 171 92^nd Street. According to Verizon's records, the
       pole located at 171 92^nd Street was replaced in September 2004.

    8. The agent also conducted a review of FCC Forms 320 filed by Time
       Warner for the years 2003, 2004, and 2005. Section 76.611 of the Rules
       requires that cable operators take measurements to ensure compliance
       with the CLI at least once each calendar year, with no more than
       twelve months between tests. Section 76.1803 of the Rules requires
       that cable operators submit the results of the measurements taken
       pursuant to Section 76.611(a) each calendar year. In 2003, Time Warner
       conducted tests pursuant to Section 76.611 from May 1, 2003 to June
       21, 2003 and filed Form 320 on January 7, 2004. In 2004, Time Warner
       conducted tests from June 1, 2004 to August 13, 2004. The measurements
       for 2005 were completed on August 12, 2005. The FCC Form 320 for the
       measurements taken in 2004 and 2005 were not submitted until April 14,
       2006.

   III. DISCUSSION

    9. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

   10. The Commission established cable signal leakage rules to ensure that
       emissions from cable systems do not cause harmful interference.  In
       this regard, the Commission established basic signal leakage standards
       in Section 76.605(a)(12) of the Rules, which limit the amount of
       signal leakage that is permitted at any given point in the cable
       system.   Specifically, leakage at any given point must not exceed 20
       microvolts per meter (uV/m) at a distance of 3 meters.   The
       Commission also recognized that it was particularly important to
       protect aeronautical frequencies from harmful interference.  The
       Commission therefore adopted Section 76.611(a)(1) of the Rules, which
       sets a CLI that must be met before a cable system may operate on
       aeronautical frequencies.  In order to operate on aeronautical
       frequencies, the system's CLI must not exceed 64.   Cable operators
       are required to perform annual measurements to ensure  that the
       totality of the system's leaks does not exceed a CLI value of 64.

   11. On August 30 and 31, 2005, based on measurements taken at the same
       four locations on each day, Time Warner exceeded the signal leakage
       limits in Section 76.605(a)(12) of the Rules. Combined, those leaks,
       which occurred on aeronautical frequencies, resulted in the system
       exceeding the CLI limit set forth in Section 76.611(a)(1) of the
       Rules. Indeed, the leak at 171 92^nd Street was so severe that, even
       if no other leaks had been found, the system still would have exceeded
       the CLI limit. Although Time Warner claimed that the most severe leak
       likely was caused by a cable damaged during a recent pole installation
       by Verizon, the agent's subsequent query to Verizon revealed that the
       pole located at 171 92^nd Street was replaced in September 2004,
       almost one year prior to the apparent violations at issue here.
       Further, as evidenced by its signal leakage monitoring program, Time
       Warner was aware of the signal leakage requirements associated with
       the operation of its system. Because Time Warner operated its system
       with the knowledge that it must comply with the Commission's signal
       leakage requirements, we find that Time Warner's violation was
       willful. We also find that the violation was repeated because the
       system exceeded the signal leakage limits on more than one day.
       Accordingly, based on the evidence before us, we find that on August
       30, and 31, 2005, Time Warner  apparently willfully and repeatedly
       violated Sections 76.605(a)(12) of the Rules by operating its cable
       system in violation of signal leakage standards.

   12. We believe that the finding of willfulness in this case is
       additionally supported by Time Warner's apparent lack of diligence
       with regard to the reporting requirements set forth in Section 76.1803
       of the Rules. Time Warner failed to timely file its 2004 and 2005 FCC
       Forms 320. Indeed, we find it particularly egregious that Time Warner
       did not file its 2004 FCC Form 320 until April 14, 2006. We therefore
       admonish Time Warner for violating Section 76.1803 of the Rules.

   13. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of rules relating to distress and
       safety frequencies is $8,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(D) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Time
       Warner is apparently liable for an eight thousand dollar ($8,000)
       forfeiture.

   IV. ORDERING CLAUSES

   14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Time Warner Entertainment
       Company LP  is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of eight  thousand dollars ($8,000) for
       violation of Section 76.605(a)(12) of the Rules.

   15. IT IS FURTHER ORDERED that Time Warner Entertainment Company LP IS
       ADMONISHED for its violation of Section 76.1803 of the Rules.

   16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Time Warner Entertainment
       Company LP  SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   17. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   18. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
       referenced in the caption.

   19. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   20. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   21. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Time Warner Entertainment Company LP
       at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director,

   New York  Office

   Northeast Region

   Enforcement Bureau

   ATTACHMENT A

   Field strength measurements of Time Warner Entertainment Company LP,
   Brooklyn, NY (PSID: 009040)

   MEASUREMENT DATE: August 30, 2005 FREQUENCY: 121.2625 MHZ


         Measurement Location             Signal Leakage Field Strength,     
                                          (uV/m @ 3 meters)                  

     1   Pole behind 171 92^nd Street                   4032                 

     2   Pole in front of 8814 Colonial                  180                 
         Road                                                                

     3   Pole behind 365 88^th Street                    180                 

     4   Pole in front of 143 89^th                      57                  
         Street                                                              


   MEASUREMENT DATE: August 31, 2005 FREQUENCY: 121.2625 MHZ


         Measurement Location             Signal Leakage Field Strength,     
                                          (uV/m @ 3 meters)                  

     1   Pole behind 171 92^nd Street                   2544                 

     2   Pole in front of 8814 Colonial                  202                 
         Road                                                                

     3   Pole behind 365 88^th Street                    36                  

     4   Pole in front of 143 89^th                      57                  
         Street                                                              


   47 C.F.R. SS 76.605(a)(12).

   47 U.S.C. S 503(b).

   47 C.F.R. S76.1803.

   47 C.F.R. S 76.605(a)(12).

   47 C.F.R. S 76.611(a)(1).

   According to the report, the Time Warner technician measured the leak at
   171 92^nd Street at 632.56 uV/m before repairs, and 2.00 uV/m after
   repairs. The comment section for that leak stated "repaired cracked .500
   cable." In addition, Time Warner claimed that it found only three leaks,
   not four.

   Cable operators are required to report CLI levels to the FCC annually via
   FCC Form 320 in accordance with Section 76.1803. See infra para. 8.

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   Memorandum Opinion and Order, Amendment of Part 76 of the Commission's
   Rules to Add Frequency Channelling Requirements and restrictions and to
   require Monitoring for Signal Leakage from Cable Television Systems,
   Docket No. 21006, 101 FCC 2d 117, para. 14 (1985).

   47 C.F.R. S76.605(a)(12).

   The aeronautical bands are 108-137 MHz and 225-400 MHz. These frequencies
   encompass both radionavigation frequencies, 108-118 MHZ and 328.6-335.4
   MHz, and communications frequencies, 118-137 MHz, 225-328.6 MHz and
   335.4-400 MHz. Deserving particular protection are the international
   distress and calling frequencies 121.5 MHz, 156.8 MHz, and 243 MHz. See 47
   C.F.R. S76.616. These frequencies are critical for Search and Rescue
   Operations including use by Emergency Locator Transmitters on planes and
   Emergency Position Indicating Radio Beacons on boats. See generally 47
   C.F.R. Part 80, Subpart V and 47 C.F.R. SS 87.193-87.199.

   Section 76.613(a) states that "[h]armful interference is any emission,
   radiation or induction which endangers the functioning of a
   radionavigation service or of other safety services or seriously degrades,
   obstructs or repeatedly interrupts a radiocommunication service operating
   in accordance with this chapter." See 47 C.F.R. SS2.1 & 76.613(a).

   47 C.F.R. S76.611(a)(1).

   We note that, although the rule violation cited here is Section
   76.605(a)(12) of the Rules, a Notice of Apparent Liability for Forfeiture
   is being issued in this case because the leaks exceeded the CLI limit of
   64 set forth in Section 76.611 of the Rules.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 76.605(a)(12).

   47 U.S.C. S76.1803.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

   Federal Communications Commission

                                       4

   Federal Communications Commission