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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No.: EB-11-PA-0059
Lock Haven University )
Citation No.: C201132400002
Lock Haven, Pennsylvania )
Adopted: April 18, 2011 Released: April 20, 2011
By the District Director, Philadelphia Office, Northeast Region,
1. This is an Official Citation issued pursuant to section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Lock Haven
University for failing to notify the Commission before operating a
multichannel video programming distributor ("MVPD"), in violation of
section 76.1804 of the Commission's Rules ("Rules") and for exceeding
cable signal leakage limits, in violation of section 76.605(a)(12) of
2. Lock Haven University should take immediate steps to come into
compliance and to avoid any recurrence of these violations. As
explained below, and as provided in the Communications Act, future
violations of these Rules may subject your company to substantial
monetary penalties, seizure of equipment, and criminal sanctions.
3. On March 22, 2011, agents from the Enforcement Bureau's Philadelphia
Office conducted an investigation and found that Lock Haven
University, located at 401 North Fairview Street in Lock Haven,
Pennsylvania, utilized a cable, multichannel video programming
distributor ("MVPD") system at its university property. The agents
also found that the Lock Haven University's MVPD system was using
aeronautical frequencies 121.2625 MHz, 127.2625 MHz and 133.2625 MHz,
but had not filed FCC Form 321 to notify the Commission of its
operation in the aeronautical band. During the March 22, 2011
investigation, agents conducted field strength measurements on the
frequency 133.2625 MHz in front of the Smith Hall Dormitory and
measured an emission of 518.4 microvolts per meter, which exceeds the
field strength allowed on that frequency by the Rules.
III. applicable law and violations
4. The Rules provide that cable and non-cable MVPD's 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. In particular, section 76.610 of the Rules
provides that all MVPDs (cable and non-cable) transmitting carriers or
other signal components 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. Lock Haven University was
required to comply with these rules because its MVPD system at its
university property in Lock Haven, Pennsylvania, transmitted 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 band.
5. Section 76.1804 of the Rules requires that an "MVPD shall 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." Lock Haven University
was using the aeronautical frequencies 121.2625 MHz, 127.2625 MHz and
133.2625 MHz, but had not notified the Commission as required.
6. Section 76.605(a)(12) of the Rules 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 inspection, FCC agents from the Philadelphia Office
conducted field strength measurements on the frequency 133.2625 MHz in
front of the Smith Hall dormitory building and measured an emission of
518.4 microvolts per meter, which exceeds the field strength allowed
on that frequency by the Rules.
IV. FUTURE COMPLIANCE
7. If, after receipt of this Citation, Lock Haven University violates the
Communications Act or the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures for
any single act or failure to act. In addition, violations of the
Communications Act or the Rules can result in seizure of equipment
through in rem forfeiture actions, as well as criminal sanctions,
8. Lock Haven University may respond to this Citation within thirty (30)
days after the release date of this Citation either through (1) a
personal interview at the closest FCC office, or (2) a written
statement. Any written statements should specify what actions have
been taken by Lock Haven University to ensure FCC notification for
operating an MVPD system at its university property and does not
program radio transmitters with unauthorized frequencies in the
future. Please reference file number EB-11-PA-0059 when corresponding
with the Commission.
9. Under the Privacy Act of 1974, 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, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
V. CONTACT INFORMATION
10. The closest FCC Office is the Philadelphia Office in Langhorne,
Pennsylvania. You may contact Gene Stanbro by telephone, (215)
741-3016, to schedule a personal interview, which must take place
within thirty (30) days after the release date of this Citation. You
should send any written statement within thirty (30) days after the
release date of this Citation to: Federal Communications Commission,
Philadelphia Office, One Oxford Valley Building, Suite 404, 2300 East
Lincoln Highway, Langhorne, Pennsylvania 19047.
11. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact
you if we need more information. Please allow at least five (5) days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to email@example.com or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
To request this document in accessible formats for people with
disabilities (braille, large print, electronic files, audio format):
202-418-0530 (voice), 202-418-0432 (tty).
VI. ORDERING CLAUSES
12. IT IS ORDERED that a copy of this Citation shall be sent both by First
Mail and certified mail to Lock Haven University at 401 North Fairview
Street, Lock Haven, Pennsylvania 17745.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
47 U.S.C. S: 503(b)(5).
47 C.F.R. S:S: 76.605(a)(12), 76.1804.
47 C.F.R. S: 76.610; see attached "Excerpts from 47 C.F.R. Part 76 related
to Multichannel Video Programming Distributors."
47 C.F.R. S: 76.1804.
47 C.F.R. S: 76.605(a)(12).
See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.").
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Federal Communications Commission DA 11-704
Federal Communications Commission DA 11-704