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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Oceanic Cable ) File No. EB-11-HL-0157
)
Physical System ID No. 000600 )
Community Unit ID No. HI0005 )
) NOV No. V201232860004
Honolulu, Hawaii )
)
NOTICE OF VIOLATION
Released: October 19, 2011
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 Honolulu, Hawaii.
2. On October 6, 2011, an agent of the Enforcement Bureau's Honolulu
Office inspected the Oceanic system located at Honolulu, 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. 1434 Laamia Street: 81.6 uV/m
2. 972 Waiholo Street (near fire hydrant): 199 uV/m
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 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