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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Time Warner Cable Southeast LLC ) File No.: EB-FIELDSCR-13-00012850

   )

   Cable System Operator ) NOV No.: V2014326400002

   ) Physical System ID: 007232

   Goldsboro, North Carolina ) Community Unit ID: NC0096

                              NOTICE OF VIOLATION

   Released: December 30, 2013

   By the Resident Agent, Norfolk Resident Agent 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 Southeast LLC
       (Time Warner), operator of a cable system in Goldsboro, North
       Carolina. 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 December 12, 2013, an agent of the Commission's Norfolk Resident
       Agent Office inspected Time Warner's cable system in Goldsboro, North
       Carolina, and observed the following violation:

     a. 47 C.F.R. 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 microvolts per meter, measured at 3 meters." At the time of
        the inspection, the agent observed signal leakage on the frequency
        121.2625 MHz, which exceeded the field strength allowed by the Rules,
        at the following locations:

   Pole (D496) at 513 Lynn Avenue 48.8 uV/m

   (35DEG 21' 25.8" N, 077DEG 56' 27.6" W)

   Pole (D529) at 400 Hickory Road 81.3 uV/m

   (35DEG 21' 25.3" N, 077DEG 56' 12.3" W)

   Terminal Box on west side of house 1,292.8 uV/m

   At 505 Hickory Road (35DEG 21' 22.4" N, 077DEG 56' 19.9" W)

   Back of house at 329 West Seymour Drive 652.3 uV/m

   (35DEG 21' 17.0" N, 077DEG 59' 5.8" W)

   West side of Apartment 201A (Wayne Court Apartments) 81.3 uV/m

   (35DEG 22' 13.7" N, 078DEG 00' 0.0" W)

     b. 47 C.F.R. 76.612(a)(1): "All cable television systems which operate
        in the frequency bands 108-137 and 225-400 MHz shall comply with the
        following frequency separation standards: All such cable carriers or
        signal components shall be offset by 12.5 kHz with a frequency
        tolerance of +/- 5kHz." At the time of the inspection, an agent
        observed the following channels were operating outside the allowable
        frequency tolerance:

   Channel 14 (A): Measured 121.2374 MHz, Authorized 121.2625 MHz

   Channel 15 (B): Measured 127.2374 MHz, Authorized 127.2625 MHz

   Channel 16 (C): Measured 133.2374 MHz, Authorized 133.2625 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 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 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 company'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

   Norfolk Resident Agent Office

   1457 Mount Pleasant Road, Suite 113

   Chesapeake, Virginia, 23322

    6. This Notice shall be sent to Time Warner Cable Southeast LLC 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

   Greg Coons

   Resident Agent

   Norfolk Resident Agent 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