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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner NY Cable LLC ) File No.: EB-FIELDSCR-14-00015984
Operator of Cable Television System )
)
) NOV No.: V201432640010
)
Ahoskie, North Carolina )
NOTICE OF VIOLATION
Released: June 9, 2014
By the Resident Agent, Norfolk 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 NY Cable, LLC
operator of a cable television system in Ahoskie, 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 May 15, 2014, an agent of the Commission's Norfolk Office inspected
the cable television system in Ahoskie, North Carolina, and observed
the following violation:
a. 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 S76.609(h) and
shall be limited as follows: Over 54 MHz, and less than and including
216 MHz - 20 micro-volts per meter measured at 3 meters. At the time
of inspection signal leakage was observed on the frequency of
121.2625 MHz as follows:
59uV/m Pole NCP1A 68, 404 W. Roger St., Ahoskie, NC
59uV/m Pole VEPCO KL10; near 203 Maple St. Ahoskie, NC
413 uV/m Pole P1237/NCP MM65/46-5, Near 512 & 514 Pine St., Ahoskie, NC
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 NY Cable, LLC 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 NY
Cable, LLC 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 NY Cable, LLC with personal
knowledge of the representations provided in Time Warner NY Cable,
LLC'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 registrant'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 Office
1457 Mount Pleasant Road, Suite 113
Chesapeake, Virginia 23322
6. This Notice shall be sent to Time Warner NY Cable, 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
Luther Bolden
Resident Agent
Norfolk 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