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                 )
                                 )
Constel Communications, L.P.     )         File No. EB-05-
TP-081
Operator of Cable Television System        )
Physical System ID # 0012918     )         NOV 
No.V20053270004
Plymouth/Zellwood, Florida       )
                                 

                     NOTICE OF VIOLATION

                                   Released: April 7, 2005

By the District Director, Tampa 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 Constel Communications, L.P., operator 
     of cable television system serving Plymouth/Zellwood, 
     Florida.

   2.     On February 23, February 25, and March 7, 2005, 
     agents of the Commission's Tampa Office of the 
     Enforcement Bureau inspected cable television system 
     located in Plymouth/Zellwood, Florida, and observed the 
     following violation:

   2.a.      47 C.F.R.  76.605(a)(12): ``...signal 
             leakage from a cable television system 
             shall be measured...and shall be limited 
             as follows:''  This section requires that 
             cable operators maintain their cable 
             system signal leakage below 20 V/m 
             measured at 3 meters in the frequency band 
             between 54 MHz and 216 MHz.  Signal 
             leakage in excess of 20 V/m was measured 
             on 121.2625 MHz at the following 
             locations. 

           Signal Level    Location
           (V/m)
           1,401           Amplifier at 2243 W. Kelly 
                           Park Rd.
           460             Pole at 4543 Plymouth 
                           Sorrento Rd.
           148             Pole at 4402 Plymouth 
                           Sorrento Rd.
           228             Abandoned cable between 
                           Plymouth Oak Rd. and Bailey 
                           Hill Rd.
           58              Splitter on pole at 1131 
                           Plymouth Sorrento Rd.
           152             Pole across the street from 
                           2204 Plymouth Sorrento Rd.
           111             Cable drop on pole between 
                           4791 and 4783 Round Lake 
                           Rd.
           115             Pole at 3434 W. Kelly Park 
                           Rd.
           37              Pole at 3123 W. Kelly Rd.

   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Rules, Constel Communications, L.P., 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 the operator.  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
                  Tampa Office
                  2203 N. Lois Avenue, Suite 1215
                  Tampa, Fl 33607

   4.     This Notice shall be sent to Constel 
     Communications, L.P. 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




                            Ralph M. Barlow
                            District Director
                            Tampa District Office
                            South Central Region
                            Enforcement Bureau


  - Unhandled Picture -  

_________________________

147 C.F.R.  1.89.

247 U.S.C.  308(b).

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

418 U.S.C.  1001 et seq.