Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Time Warner Oceanic Cable ) File No. EB-10-HL-00010 ) Physical System ID No. 000600 ) Community Unit ID No. HI0063 ) NOV No. V201032860004 Honolulu, Hawaii ) ) NOTICE OF VIOLATION Released: January 15, 2010 By the Resident Agent, Honolulu 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 Time Warner Oceanic Cable (“Oceanic”), operator of a cable system in Kaaawa, Hawaii. 2. On January 14, 2010, an agent of the Enforcement Bureau’s Honolulu Office inspected the Oceanic system located at Kaaawa, Hawaii, and observed the following violation: 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 leakage on the frequency of 121.2625 MHz at the following location: 1) Pole #2, intersection of Kaumaulu’uka and Olohu, Kaaawa – 53uV/m 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 Oceanic Cable must submit a written statement concerning this matter within 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 Oceanic Cable. All replies and 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 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 Honolulu Office P.O. Box 971030 Waipahu, Hawaii 96797-1030 4. This Notice shall be sent to Time Warner Oceanic Cable 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 John R. Raymond Resident Agent Honolulu 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.