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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 µV/m
measured at 3 meters in the frequency band
between 54 MHz and 216 MHz. Signal
leakage in excess of 20 µV/m was measured
on 121.2625 MHz at the following
locations.
Signal Level Location
(µV/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.