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                                   Before the


                             Washington, D.C. 20554



   Orchard Park Inn File No.: EB-05-BF-110

   Mike Ambu

   Orchard Park, New York Citation No.: C20063228002


   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 the Orchard Park
   Inn for violation of Section 76.605(a)(12) and 76.1804 of the Commission's
   Rules ("Rules").

   2. On June 15, 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 Orchard Park Inn, 2268
   Southwestern Blvd., Orchard Park, 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
   Orchard Park Inn on the frequency 133.2625 MHz and measured an emission of
   560 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 must be
   made on FCC Form 321. The Orchard Park Inn was using the frequency
   133.2625 MHz, an aeronautical frequency, but had not notified the
   Commission using FCC Form 321. (Procedures for 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 Orchard Park Inn 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 Orchard park Inn 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 -110 when corresponding with
   the Commission.

   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).