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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Atlantic Broadband Penn, LLC. ) File No. EB-10-PA-0037

   Physical System ID # 003560 ) NOV No. V201032400025

   Altoona, Pennsylvania. )



                              NOTICE OF VIOLATION

   Released: February  8, 2010

   By the District Director, Philadelphia 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 Atlantic Broadband Penn, LLC
       ("Atlantic"), operator of a cable system in Altoona, Pennsylvania.

    2. On January 26, 2010, agents of the Enforcement Bureau's Philadelphia
       Office inspected the Atlantic cable system located in Altoona,
       Pennsylvania 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, agents observed signal leakage at the following locations:

                  Frequency   Field Intensity                                
        Date                                             Location            
                    (MHz)         (uV/m)                                     

     01/26/2010   121.2625        121.23         1st Street between 5th &    
                                                  6th Avenue, Altoona, PA    

     01/26/2010   121.2625        288.34         7th Street between 3rd &    
                                                  4th Avenue, Altoona, PA    

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Atlantic 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 Atlantic.
       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

   Philadelphia District Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Atlantic Broadband Penn, LLC. at its address of

    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.


   Gene J. Stanbro

   District Director

   Philadelphia District 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


                       Federal Communications Commission