Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Charter Communications ) File No. EB-10-PO-0057 ) Physical System ID # 5493 ) ) NOV No. V201032920009 Klamath Falls, Oregon ) NOTICE OF VIOLATION Released: August 2, 2010 By the Resident Agent, Portland 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,1 to Charter Communications, operator of a cable system in Klamath Falls, Oregon. 2. On July 13, 2010, an agent of the Enforcement Bureau’s Portland Resident Agent Office inspected the Charter Communications cable system located in Klamath Falls, Oregon, 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 § 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 signal leakage in excess of 20 micro-volts per meter on the frequency 121.2625 MHz at the following locations: 1) Cable drop near address 1778 Etna Street 113 µV/m 2) Cable drop near address 2111A Gary Street 150 µV/m 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Charter Communications, must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of the Charter Communications. 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 Portland Resident Agent Office POB 61469 Vancouver, WA 98666-1469 4. This Notice shall be sent to Charter Communications at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.