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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Time Warner Oceanic Cable ) File No.  EB-FIELDWR-13-00010642

   Cable System Operator )

   Physical System ID No. 000600 )

   Community Unit ID No. HI0060 )

   )

   Hauula, Hawaii ) NOV No. V201332860021

   )

                              NOTICE OF VIOLATION

   Released: August 22, 2013

   By the Resident Agent, Honolulu Resident Agent Office, Western 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 Oceanic Cable
       (Oceanic), operator of a cable system in Hauula, Hawaii. 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 August 20, 2013, an agent of the Enforcement Bureau's Honolulu
       Resident Agent Office inspected the Oceanic cable system in Hauula,
       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. 54-267 Honomu St., Hauula: 51 uV/m

        2. 54-155 Hanaimoa St., Hauula: 69 uV/m

    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, Oceanic, 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 Oceanic  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Oceanic with personal knowledge of the representations provided in
       Oceanic'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

   Honolulu Resident Agent Office

   POB 971030

   Waipahu, Hawaii 96797-1030

    6. This Notice shall be sent to Oceanic 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

   John R. Raymond

   Resident Agent

   Honolulu Resident Agent 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 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

   3

                       Federal Communications Commission