Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Cable Southeast LLC ) File No.: EB-FIELDSCR-13-00013298
)
Cable System Operator ) NOV No.: V201432640004
) Physical System ID: 000923
Kannapolis, North Carolina ) Community Unit ID: NC0193
NOTICE OF VIOLATION
Released: January 30, 2014
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 Kannapolis, 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 January 14, 2014, an agent of the Commission's Norfolk Resident
Agent Office inspected Time Warner's cable system in Kannapolis, 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:
Buried cable between 1722 and 1724 Inspired Way 161 uV/m
(35DEG 28' 13.8" N, 080DEG 36' 31.2" W)
Near Pole (1749) at 411 South Ridge Ave. 65 uV/m
(35DEG 29' 25.3" N, 080DEG 37' 35.5" W)
Pole between 1001 and 1003 Pine Street 129 uV/m
(35DEG 29' 52.2" N, 080DEG 38' 18.2" W)
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
3
Federal Communications Commission