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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Time Warner Cable ) File No. EB-09-LA-0088


   Cable System Operator )

   Physical System )

   ID # 020717 ) NOV No. V201032900007

   Ontario, CA )


                              NOTICE OF VIOLATION

   Released: January  4, 2010

   By the District Director, Los Angeles  Office, Western Region, Enforcement

    1. This is a  Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Time Warner Cable ("Time Warner"),
       operator of a cable system in Ontario, CA. This Notice may be combined
       with a further action, if further action is warranted.

    2. On October 23, 2009, an agent of the Enforcement Bureau's  Los Angeles
       Office inspected cable system  located at 1500 Auto Center  and
       observed the following violations:

     a. 47 C.F.R. S: 76.1703 "Cable operators airing children's programming
        must maintain records sufficient to verify compliance with S:76.225
        and make such records available to the public. Such records must be
        maintained for a period sufficient to cover the limitations period
        specified in 47 U.S.C. 503(b)(6)(B)."

   At the time of inspection,  the agent found that  Time Warner's file was
   missing the children programming records for the second quarter of 2009.

     b. 47 C.F.R. S: 76.1710: "Cable operators are required to maintain
        records in their public file for a period of three years regarding
        the nature and extent of their attributable interests in all video
        programming services as well as information regarding their carriage
        of such vertically integrated video programming services on cable
        systems in which they have an attributable interest. These records
        must be made available to local franchise authorities, the
        Commission, or members of the public on reasonable notice and during
        regular business hours."

   At the time of inspection, the agent found that Time Warner's file was
   missing the operator interest in video programming information for the
   fourth quarter of 2006.

     c. 47 C.F.R. S: 76.1711: "Every cable system of 1,000 or more
        subscribers shall keep a record of each test and activation of the
        Emergency Alert System (EAS) procedures pursuant to the requirement
        of part 11 of this chapter and the EAS Operator Handbook. These
        records shall be kept for three years."

   At the time of inspection, Time Warner Cable was unable to access the EAS
   logs for the agent.

     d. 47 C.F.R. S: 11.35(a): " EAS Participants are responsible for
        ensuring that EAS Encoders, EAS Decoders and Attention Signal
        generator and receiving equipment used as part of the EAS are
        installed so that the monitoring and transmitting function are
        available during the times the stations and systems are in operation.
        Additionally, EAS Participants must determine the cause of any
        failures to receive the required tests or activations specified in
        S:11.61(a)(1) and (a)(2)." 

   At the time of inspection, Time Warner was unable to issue a weekly EAS

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters and cable operators play in ensuring its success. The
       Commission takes seriously any violations of the Rules implementing
       the EAS and expects full compliance from its regulatees. We also must
       investigate violations of other rules that apply to broadcast
       licensees and cable operators.  Pursuant to Section 403 of the
       Communications Act of 1934, as amended, and Section 1.89 of the
       Commission's Rules, we seek additional information concerning the
       violations and any remedial actions the system may have taken. 
       Therefore, Time Warner must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself 
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Time Warner to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Time Warner with personal knowledge of the
       representations provided in Time Warner's response, verifying the
       truth and accuracy of the information therein, and confirming that all
       of the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

   Los Angeles Office

   18000 Studebaker Rd., Suite 660

   Cerritos, California, 90703

    6. This Notice shall be sent to Time Warner Cable at its address of

    7. 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.


   Nader Haghighat

   District Director

   Los Angeles  District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission