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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Cable ) File No.: EB-FIELDSCR-13-00008763
)
Cable System Operator ) NOV No.: V201332540011
)
Beeville, Texas ) Physical System ID: 002250
)
NOTICE OF VIOLATION
Released: June 7, 2013
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Time Warner Cable, operator of a
cable system in Beeville, Texas. Pursuant to Section 1.89(a) of the
Rules, issuance of this Notice does not preclude the Enforcement
Bureau from further action if warranted, including issuing a Notice of
Apparent Liability for Forfeiture for the violation(s) noted herein.^
2. On May 20, 2013, an agent of the Enforcement Bureau's Houston Office
inspected the cable system located in Beeville, Texas and observed the
following violation:
a. 47 C.F.R. 76.612: "All cable television systems which operate in the
frequency bands 108-137 and 225-400 MHz shall comply with the
following frequency separation standards: (a): In the aeronautical
radiocommunication bands 118-137, 225-328.6 and 335.4-400 MHz, the
frequency of all carrier signals or signal components carried at an
average power level equal to or greater than 10^-4 watts in a 25 kHz
bandwidth in any 160 micro-second period must operate at frequencies
offset from certain frequencies which may be used by aeronautical
radio services operated by Commission licensees or by the United
States Government or its Agencies. The aeronautical frequencies from
which offsets must be maintained are those frequencies which are
within one of the aeronautical bands defined in this subparagraph,
and when expressed in MHz and divided by 0.025 yield an integer. The
offset must meet one of the following two criteria: (1) All such
cable carriers or components shall be offset by 12.5 kHz with a
frequency tolerance of +-5 KHz; or (2) The fundamental frequency from
which the visual carrier frequencies are derived by multiplication by
an integer number which shall be 6.0003 MHz with a tolerance of +-1Hz
(Harmonically Related Carrier (HRC) comb generators only)." At the
time of inspection a frequency carrier was observed operating at
127.250 MHz.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Time Warner Cable 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 Rules, we direct Time Warner
Cable 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 Cable with personal knowledge of the
representations provided in Time Warner Cable'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 Time
Warner Cable'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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6. This Notice shall be sent to Time Warner Cable at its address of
record.
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.
FEDERAL COMMUNICATIONS COMMISSION
Stephen P. Lee
Resident Agent
Houston Office
South Central 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 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
2
Federal Communications Commission