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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Oceanic Cable ) File No. EB-08-HL-0095
)
Physical System ID# 000600 ) NOV No. V200832860010
Kaneohe, Hawaii )
)
NOTICE OF VIOLATION
Released: April 7, 2008
By the Resident Agent, Honolulu Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Time Warner Oceanic Cable
("Oceanic"), operator of a cable system in Kaneohe, Hawaii.
2. On April 3, 2008, an agent of the Enforcement Bureau's Honolulu Office
inspected the Oceanic system located at Kaneohe, Hawaii, 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 S: 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 observed leakage on the frequency of 121.2625 MHz at
the following locations:
1. 46-316 Kupale St, Kaneohe - 91 uV/M
2. 46-263 Heeia St, Kaneohe - 168 uV/M
(Note: signal was radiating from sidewalk manhole)
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Time Warner Oceanic Cable
must submit a written statement concerning this matter within 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 Oceanic 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
Honolulu Office
P.O. Box 971030
Waipahu, Hawaii 96797-1030
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Time Warner Oceanic Cable 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
John R. Raymond
Resident Agent
Honolulu Office
Western 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