Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Time Warner Oceanic Cable, Ahuimanu, HI

Download Options

Released: March 21, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Time Warner Oceanic Cable
) File No. EB-FIELDWR-13-00007261
Cable System Operator
)
Physical System ID No. 000600
)
Community Unit ID No. HI0057
)
)
Ahuimanu, Hawaii
)
NOV No. V201332860009
)

NOTICE OF VIOLATION

Released: March 21, 2013

By the Resident Agent, Honolulu 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 (Rules),1 to Time Warner Oceanic Cable (Oceanic), operator of a cable system in
Ahuimanu, Hawaii. 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 March 12, 2013, an agent of the Enforcement Bureau’s Honolulu Resident Agent
Office inspected the Oceanic cable system in Ahuimanu, 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 locations:
1. 47-548 Nenehiwa Pl, Kaneohe: 72.7 uV/m
2. 47-230 Hui’aeko St, Kaneohe: 50 uV/m


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

Federal Communications Commission

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, Oceanic, 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 Oceanic to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Oceanic with personal knowledge of the representations provided in the 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 the licensee’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:
Federal Communications Commission
Honolulu Resident Agent Office
POB 971030
Waipahu, Hawaii 96797-1030
6.
This Notice shall be sent to Oceanic at its address of record.


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

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
John R. Raymond
Resident Agent
Honolulu Resident Agent Office
Western Region
Enforcement Bureau


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

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.