Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 )

   ) File No.: EB-09-SD-0058

   Clarion Inn )

   ) Citation No.: C201032940001

   El Centro, California 92243 )


                                                  Released: November 12, 2009

   By the District Director, San Diego Office, Western 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 Clarion Inn for
       violation of Section 76.605(a)(12) of the Commission's Rules

    2. Investigation by the Enforcement Bureau's San Diego Office revealed
       that on September 22, 2009, Clarion Inn utilized a non-cable,
       multichannel video programming distributor ("MVPD") system located at
       1455 Ocotillo Dr., El Centro, California, which was emitting radio
       carrier signals above allowed limits on frequency bands utilized by
       aeronautical services.

    3. The Commission's Rules provide that MVPDs, both cable and non-cable,
       that transmit carriers with certain characteristics within frequency
       bands of 108-137 MHz and 225-400 MHz must comply with specific
       technical requirements delineated in the rules in order to avoid
       interference to other licensed operations, including aeronautical
       systems operating in these frequency ranges. Attached are excerpts of
       many of the relevant rules applicable to such MVPD systems. In
       particular, Section 76.610 of the Rules provides that all MVPDs (cable
       and non-cable) transmitting carriers or other signal components
       carried at an average power level equal to or greater than 10-4 watts
       across a 25 kHz bandwidth in any 160 microsecond period, at any point
       in the cable distribution system in the frequency bands 108-137 and
       225-400 MHz for any purpose must comply with, among others, Sections
       76.605(a)(12) and 76.1804. Clarion Inn is required to comply with
       these rules because its MVPD system at its motel property in El
       Centro, California, transmits carriers at an average power level equal
       to or greater than 10-4 watts across a 25 kHz bandwidth in any 160
       microsecond period and carries signals in the 108-137 MHz aeronautical

    4. Section 76.605(a)(12) of the Rules delineates the allowable limits on
       MPVD system signal leakage. Specifically, Section 76.605(a)(12)
       provides that "[a]s 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 S: 76.609(h) and shall be limited as
       follows: Over 54 MHz up to and including 216 MHz - 20 micro-volts per
       meter, measured at 3 meters." At the time of the inspection, San Diego
       agents conducted field strength measurements more than three meters
       from the Clarion Inn property on the frequency 133.2625 MHz and
       measured an emission of 645 microvolts, which exceeds the field
       strength allowed on that frequency by the Rules.

    5. Violations of the Act or the Commission's Rules may subject the
       violator to substantial monetary forfeitures, seizure of equipment
       through in rem forfeiture action, and criminal sanctions, including

    6. Clarion Inn may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 4542 Ruffner Street - Suite 370,
       San Diego, California 92111. You may contact this office by telephone,
       (XXX) XXXX-XXXX to schedule this interview, which must take place
       within 14 days of this Citation. Clarion Inn may also submit a written
       statement to the above address within 14 days of the date of this
       Citation. Any written statements should specify what actions have been
       taken to correct the violations outlined above. Please reference file
       number EB-09-SD-0058 when corresponding with the Commission.

    7. Any statement or information provided by you may be used by the
       Commission to determine if further enforcement action is required. Any
       knowingly or willfully false statement made in reply to this Citation
       is punishable by fine or imprisonment.

    8. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to
       Clarion Inn at its address of record.


   William R. Zears Jr.

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau


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

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

   47 C.F.R. S: 76.610; see attached "Excerpts from 47 U.S.C. Part 76 related
   to Multichannel Video Programming Distributors."

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

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

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

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission