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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No.: EB-FIELDWR-12-00002395
Legacy Inn & Suites )
Citation No.: C201232900002
Garden Grove, California )
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: August 15, 2012 Released: August 16, 2012
By the Acting District Director, Los Angeles Office, Western Region,
1. This is an official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended (Act), to the Legacy Inn &
Suites for failing to notify the Commission before operating a
multichannel video programming distributor (MVPD) system with a
carrier in the aeronautical radio frequency band, in violation of
Section 76.1804 of Commission's Rules (Rules), and for exceeding cable
signal leakage limits in aeronautical frequency bands in violation of
Section 76.605(a)(12) of the Rules.
2. The Legacy Inn & Suites should take immediate steps to come into
compliance and to avoid any recurrence of this violations. As
explained below and as provided in the Communications Act, future
violations of the abovementioned Rule may subject your institution to
substantial monetary penalties, seizure of equipment, and criminal
3. On May 8, 2012, an agent from the Enforcement Bureau's Los Angeles
Office conducted an investigation and found that the Legacy Inn &
Suites, located at 12550 Lampson Avenue, Garden Grove, California,
utilized a non-cable MVPD system at its facility. The agent also found
that the Legacy Inn & Suites MVPD system was using an aeronautical
frequency, but had not filed FCC Form 321 to notify the Commission of
its operation in the aeronautical band. The agent further found that
the Legacy Inn & Suites' MVPD system was emitting a radio carrier
signal above allowed limits on frequency bands utilized by
aeronautical services. At the time of the investigation, the Los
Angeles agent conducted field strength measurements on the
aeronautical frequency 121.2625 MHz outside the facility at the Legacy
Inn & Suites. The agent measured an emission of 76 microvolts per
III. applicable law and violations
4. The Rules provide that cable and non-cable MVPDs 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 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, Section 76.605(a)(12) of the Rules. The
Legacy Inn & Suites was required to comply with this Rule because the
MVPD system at its property in Garden Grove, California, transmits a
carrier 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 76.605(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 the investigation, an FCC agent from the Los Angeles
Office conducted field strength measurements on the frequency 121.2625
MHz outside the facility at the Legacy Inn & Suites and measured an
emission of 76 microvolts per meter, which exceeds the field strength
allowed on that frequency by the Rules.
6. 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." At the time of the
investigation, Legacy Inn & Suites was using a frequency in the
aeronautical band, but had not notified the Commission as required.
IV. REQUEST FOR INFORMATION
7. Pursuant to sections 4(i), 4(j), and 403 of the Act, Legacy Inn &
Suites is directed to provide the information specified herein, within
twenty (20) days after the release date of this Citation.
a. Descriptions of the specific action(s) that have been taken to
correct the violation and preclude recurrence. Include a time line
for completion of pending corrective action(s).
V. FUTURE COMPLIANCE
8. If, after receipt of this Citation, Legacy Inn & Suites violates the
Communications Act or the Commission's Rules by engaging in conduct of
the type described herein, the Commission may impose monetary
forfeitures for any single act. In addition, violations of the Act or
the Rules can result in seizure of equipment through in rem forfeiture
actions, as well as criminal sanctions, including imprisonment.
9. The Legacy Inn & Suites may respond to this Citation within twenty
(20) 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 the Legacy Inn & Suites to ensure that it does not
violate the Commission's Rules governing signal leakage limits in the
future. Please reference file number EB-FIELDWR-12-00002395 when
corresponding with the Commission.
10. 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.
VI. CONTACT INFORMATION
11. The closest FCC Office is the Los Angeles Office in Cerritos,
California. You may contact this office by telephone, (562)860-7474,
to schedule a personal interview, which must take place within twenty
(20) days after the release date of this Citation. You should send any
written statement within twenty (20) days after the release date of
this Citation to: Federal Communications Commission, Los Angeles
Office, 18000 Studebaker Road, Suite 660, Cerritos, California 90703.
12. 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 firstname.lastname@example.org or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
VII. ORDERING CLAUSES
13. IT IS ORDERED that a copy of this Citation shall be sent both by
First Class U.S.
Mail and Certified Mail to the Legacy Inn & Suites at 12550 Lampson
Avenue, Garden Grove, California 92840.
FEDERAL COMMUNICATIONS COMMISSION
Acting District Director
Los Angeles Office
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 76.1804.
47 C.F.R. S: 76.605(a)(12).
47 C.F.R. S: 76.610.
47 C.F.R. S: 76.605(a)(12).
47 C.F.R. S: 76.1804.
47 U.S.C. S:S: 154(i), 154(j), 403.
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 12-1335
Federal Communications Commission DA 12-1335