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Time Warner Cable, Beeville, TX

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Released: June 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Time Warner Cable
)
File No.: EB-FIELDSCR-13-00008763
)
Cable System Operator
)
NOV No.: V201332540011
)
Beeville, Texas
)
Physical System ID: 002250
)

NOTICE OF VIOLATION

Released: June 7, 2013

By the Resident Agent, Houston 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)1 to Time Warner Cable, operator of a cable system in Beeville, Texas.
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
2.
On May 20, 2013, an agent of the Enforcement Bureau's Houston Office inspected the
cable system located in Beeville, Texas and observed the following violation:
a.
47 C.F.R. 76.612: "All cable television systems which operate in the
frequency bands 108-137 and 225-400 MHz shall comply with the following
frequency separation standards: (a): In the aeronautical radiocommunication
bands 118-137, 225-328.6 and 335.4-400 MHz, the frequency of all carrier
signals or signal components carried at an average power level equal to or
greater than 10-4 watts in a 25 kHz bandwidth in any 160 micro-second
period must operate at frequencies offset from certain frequencies which may
be used by aeronautical radio services operated by Commission licensees or
by the United States Government or its Agencies. The aeronautical
frequencies from which offsets must be maintained are those frequencies
which are within one of the aeronautical bands defined in this subparagraph,
and when expressed in MHz and divided by 0.025 yield an integer. The


1 47 C.F.R. 1.89.
2 47 C.F.R. 1.89(a).

Federal Communications Commission

offset must meet one of the following two criteria: (1) All such cable carriers
or components shall be offset by 12.5 kHz with a frequency tolerance of 5
KHz; or (2) The fundamental frequency from which the visual carrier
frequencies are derived by multiplication by an integer number which shall
be 6.0003 MHz with a tolerance of 1Hz (Harmonically Related Carrier
(HRC) comb generators only)." At the time of inspection a frequency carrier
was observed operating at 127.250 MHz.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, Time Warner Cable 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
4.
In accordance with Section 1.16 of the Rules, we direct Time Warner Cable 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 Cable with personal knowledge of the representations provided in
Time Warner Cable's response, verifying the truth and accuracy of the information therein,5 and
confirming that all of the information requested by this Notice which is in Time Warner Cable'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.6
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:


3 47 U.S.C. 403.
4 47 C.F.R. 1.89(c).
5 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. 1.16.
6 18 U.S.C. 1001 et seq. See also 47 C.F.R. 1.17.
2

Federal Communications Commission

Federal Communications Commission
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6.
This Notice shall be sent to Time Warner Cable at its address of record.
7.
The Privacy Act of 19747 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
Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. 552a(e)(3).
3

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