Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Time Warner NY Cable LLC ) File No. EB-10-BF-0026 ) Buffalo, New York Williamsville, New York ) NOV No. V201032280001 NOTICE OF VIOLATION Released: September 13, 2010 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to Time Warner NY Cable LLC (Time Warner), operator of a cable system serving Buffalo and Williamsville, New York. 2. On September 2, 2010, an agent of the Commission’s Buffalo Office conducted an inspection of Time Warner’s cable systems located in Buffalo and Williamsville, New York, and observed the following violations: 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 measured signal leakage in excess of 20 ?V/m on the frequency of 133.2625 MHz at the following locations: Date Frequency (MHz) Signal Strength (µV/m) Location 9/2/2010 133.2625 150 2323 Clinton Street, Buffalo 9/2/2010 133.2625 180 911 Cleveland Drive, Pole NG969, Williamsville 147 C.F.R. § 1.89. Federal Communications Commission 2 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Time Warner must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must 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 Time Warner. 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 6400 Sheridan Drive Suite 140 Williamsville, New York 14221 4. This Notice shall be sent to Time Warner 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 David A. Viglione Resident Agent Buffalo Office Northeast Region Enforcement Bureau 247 U.S.C. § 403. 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.