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                                   Before the


                             Washington, D.C. 20554



   Econo Lodge File No.: EB-05-BF-101

   Williamsville, New York Citation No.: C20063228001


   Released: July 11, 2006

   By the Resident Agent, Buffalo Office, Northeast Region, Enforcement

   1. This is an Official Citation issued pursuant to Section 503(b)(5) of
   the Communications Act of 1934, as amended ("Act"), to Econo Lodge for
   violation of Section 76.605(a)(12) and 76.1804 of the Commission's Rules

   2. On May 25, 2006, an agent from the Commission's Buffalo Office of the
   Enforcement Bureau inspected a non-cable multichannel video programming
   distributor ("MVPD") system located at the Econo Lodge, 7200 Transit Road,
   Williamsville, New York. Pursuant to Section 76.620 of the Rules,
   non-cable MVPDs are subject to the requirements set forth in Sections
   76.605(a)(12) and 76.1804.

   3. Section 76.605(a)(12) of the Rules provides that "[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 to 20 microvolts at three meters for frequencies over 54
   up to and including 216 MHz." An agent conducted field strength
   measurements at three meters from the MVPD equipment room located at the
   Econo Lodge on the frequency 133.2625 MHz and measured an emission of 310
   microvolts, which exceeds the field strength allowed on that frequency by
   the Rules.

   4. Section 76.1804 of the Rules requires that a MVPD notify the Commission
   before transmitting any carrier or other signal component with an average
   power level across a 25 kHz bandwidth in any 160 microsecond time period
   equal to or greater than 10^-4 watts at any point in the cable
   distribution system on any frequency or frequencies in the aeronautical
   radio frequency bands (108-137 and 225-400 MHz). The notification shall be
   made on FCC Form 321. The Econo Lodge was using the frequency of 133.2625
   MHz, an aeronautical frequency, but had not notified the Commission using
   FCC Form 321. (Procedures on notifying the Commission are attached).

   5. Subsequent violations of the Act or the Rules may subject the violator
   to severe penalties, including, but not limited to, substantial monetary
   fines and criminal sanctions including imprisonment.

    6. Section 503(b)(5) of the Act provides that the Econo Lodge may request
       a personal interview at the closest FCC location, namely:

   Federal Communications Commission

   Buffalo Office

   6400 Sheridan Drive

   Suite 140

   Williamsville, New York 14221

   which you can contact by telephone at (716) 626-2454. You must schedule
   this interview to take place within 14 days of the date of this Citation.
   The Econo Lodge may submit a written statement to the same address within
   14 days of the date of this Citation. Any written statement should specify
   what actions have been taken to correct the violation outlined above.
   Please reference case number EB-06-BF -101 when corresponding with the

   7. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
   you that the Commission's staff will use all relevant material information
   before it to determine what, if any, enforcement action is required to
   ensure your compliance with the Rules. This will include any information
   that you disclose in your reply.


   David A. Viglione

   Resident Agent

   Buffalo Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S 503(b)(5).

   47 C.F.R. SS 76.605(a)(12), 76.1804.

   47 C.F.R. S 76.605(a)(12).

   See 47 U.S.C. SS 401, 501, 503.

   47 U.S.C. S 503(b)(5).