**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:

    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]{.underline}**
  (µV/m)]{.underline}**   

  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 1974[^3] 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

![](media/image1.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^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.*