Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Charter Communications          )            File  No.  EB-05-HU-
006
Operator of Cable Television System          )
Palacios, Texas                 )            NOV              No.  
V20053254003
                                

                       NOTICE OF VIOLATION
                                             Released:  January 
24, 2005

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,1  to 
     Charter Communications operator of a cable television system 
     in Palacios, Texas.

  2.      On January  21,  2005,  an agent  of  the  Commission's 
     Houston Office  inspected  the cable  television  system  in 
     Palacios, Texas, and observed the following violation:

  2.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, and  less than  and including  216 
            MHz -  20 micro-volts  per meter  measured at  3 
            meters.   At  the  time  of  inspection   signal 
            leakage  was   observed  on  the  frequency   of 
            133.2625 MHz as follows:

             71 V/m        Off  East Bayshore Drive, 
                            first   street   to   the 
                            right    after   crossing 
                            canal. 
             67 V/m        1611 East Bayshore Drive
             1692 V/m      2006 Peterson
             173 V/m       Across   from  505  First 
                            Street
             67 V/m        Across from 304 Dunson
             78 V/m        400   Ritchie  Avenue  at 
                            Fourth Street
             198 V/m       Corner  of W. Craymer and 
                            Fourth  Streets
             868 V/m       Pole  in back of  114 W. 
                            Craymer 


  3.      Pursuant to Section 308(b) 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  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 
     licensee with personal knowledge of the matter.  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
                 Houston Office
                      9597 Jones Road, #362
                                      Houston, Texas 77065

  4.      This Notice shall  be sent  to Charter  Communications, 
     1302 Wisteria Street, Wharton, Texas, 77488.

  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




                                     Stephen P. Lee
                                Resident Agent
                                Houston Office
_________________________

1 47 C.F.R.  1.89.
2 47 U.S.C.  308(b).

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

4 18 U.S.C.  1001 et seq.