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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Parkway Inn Motel Miami Springs, FL ) ) ) ) ) ) File No.:
EB-FIELDSCR-13-00008578 Citation No.: C201332600001
CITATION AND ORDER
Exceeding Signal Leakage Limits in Aeronautical Bands
Adopted: June 10, 2013 Released: June 10, 2013
By the Resident Agent, Miami Office, South Central Region, Enforcement
1. This is an official CITATION AND ORDER (Citation) issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to Parkway Inn Motel. Specifically,
Parkway Inn Motel is being cited 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 the 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. Notice of Duty to Comply With Laws: Parkway Inn Motel should take
immediate steps to come into compliance and reduce excessive signal
leakage, and to avoid any recurrence of the misconduct described
herein. Parkway also must immediately register as an MVPD and file FCC
Form 321.^ Parkway Inn Motel is hereby on notice that if it
subsequently engages in any conduct of the type described in this
Citation, including any violation of Sections 76.1804 and
76.605(a)(12) of the Rules, it may be subject to civil penalties,
including but not limited to substantial monetary fines (forfeitures)
and seizure of equipment. Such forfeitures may be based on both the
conduct that led to this Citation and the conduct following it.^
3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct Parkway Inn Motel to respond
in writing, within thirty (30) calendar days after the release date of
this Citation, and signed under pernalty of perjury, with descriptions
of the specific action(s) taken or planned to correct the violations
and preclude recurrence of the violations, and also a timeline for
completion of any pending corrective action(s).
4. On May 8 and 9, 2013, an agent from the Enforcement Bureau's Miami
Office (Miami Office) conducted an investigation and found Parkway Inn
Motel, located at 777 Curtiss Parkway, Miami Springs, Florida,
utilizing a non-cable MVPD system at its facility. The agent also
found that the Parkway Inn Motel MVPD system was using aeronautical
frequencies, but had not filed an FCC Form 321 to notify the
Commission of its operation in the aeronautical band. The agent
further found that the Parkway Inn Motel MVPD system was emitting a
radio carrier signal above allowed limits on frequency bands utilized
by aeronautical services. On May 8, 2013, the agent from the Miami
Office conducted field strength measurements on the aeronautical band
frequency 121.2625 MHz at the southwest corner outside of the Parkway
Inn Motel and measured an emission of 513 microvolts per meter. On May
9, 2013, the agent returned to the motel and conducted field strength
measurements on the aeronautical radiocommunication band frequency
235.2625 MHz at another external location in the center driveway of
the Parkway Inn Motel and measured an emission of 1,659 microvolts per
III. applicable law and violations
5. 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 other requirements, Section 76.605(a)(12) of the
Rules.^ Parkway Inn Motel was required to comply with this Rule
because the MVPD system at its property in Miami Springs, Florida,
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 and 225-328.6 MHz aeronautical
6. Section 76.605(a)(12) of the Rules provides that signal leakage from a
cable television system: (1) between 54 MHz and 216 MHz shall be
limited to 20 micro-volts per meter, measured at three meters and (2)
less than or equal to 54 MHz and more than 216 MHz shall be limited to
15 micro-volts per meter, measured at 30 meters.^ At the time of the
investigation, an agent from the Miami Office conducted field strength
measurements on the frequencies 121.2625 MHz and 235.2625 MHz at three
meters from the MVPD external coaxial cabling at the Parkway Inn
Motel, and measured emissions of 513 and 1,659 microvolts per meter,
respectively, which exceeds the field strength allowed on those
frequencies by the Rules.
7. 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, Parkway Inn Motel was using frequencies in the
aeronautical band, but had not notified the Commission as required.
Based on the foregoing evidence, we find that Parkway Inn Motel
violated Sections 76.1804 and 76.605(a)(12) by failing to notify the
Commission of its operations and by exceeding cable signal leakage
IV. REQUEST FOR INFORMATION
8. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
Parkway Inn Motel is directed to describe the steps it has taken or
plans to take to come into compliance with the Commission's cable
signal leakage and notification rules, as well as a timeline for any
pending corrective actions, within thirty (30) calendar days after the
release date of this Citation. A failure to respond in writing, or an
inadequate, incomplete, or misleading response, may subject Parkway
Inn Motel to additional sanctions.^
V. RESPONDING TO THIS CITATION
9. In addition to the required written information described in
paragraphs 3 and 8, above, Parkway Inn Motel may, if it so chooses,
respond to this Citation--challenging the factual and legal findings
herein--within thirty (30) calendar days from the release date of this
Citation either through (1) a written statement, (2) a teleconference
interview, or (3) a personal interview at the Commission Field Office
nearest to your place of business.
10. If you would like to arrange a teleconference or personal interview,
please contact Steven DeSena at (305) 994-1642. The nearest Commission
Field Office is located in Tampa, Florida. Such teleconference or
interview must take place within thirty calendar (30) days of the date
of this Citation. If you would like to submit a written response,
including any supporting documentation, you must send the response
within thirty (30) calendar days of the date of this Citation to the
contact and address provided in paragraph 11, below.
11. All written communications, including the information requested in
paragraphs 3 and 8, above, should be provided to the address below.
Federal Communications Commission
P.O. Box 520617
Miami, FL 33152-06179
12. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include 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) business 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 FCC's Consumer & Governmental Affairs
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).
13. Please be advised that it is a violation of Section 1.17 of the
Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
of that person to make any false or misleading written or oral
statement of fact. Specifically, no person 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.^
14. Further, the knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this Citation is
punishable by fine or imprisonment under 18 U.S.C. S 1001.
15. If you violate Section 1.17 of the Commission's rules or the criminal
statute referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Communications
16. 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, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications
Act and the Commission's rules.
VI. FUTURE VIOLATIONS
17. If, after receipt of this Citation, Parkway Inn Motel again violates
Sections 76.1804 and 76.605(a)(12) of the Rules by engaging in conduct
of the type described herein, the Commission may impose monetary
forfeitures not to exceed $16,000 for each such violation or each day
of a continuing violation, and up to $112,500 for any single act or
failure to act.^ For instance, the Commission could impose separate
forfeitures for each day on which its MVPD system exceeds cable signal
leakage limits. Further, as discussed above, such forfeitures may be
based on both the conduct that led to the Citation and the conduct
following it.^ In addition, violations of the Communications Act or
the Rules also can result in seizure of equipment through in rem
forfeiture actions,^ as well as criminal sanctions, including
VII. ORDERING CLAUSES
18. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Parkway Inn Motel must provide the written
information requested in paragraphs 3 and 8, above. The response to
the request for information must be provided in writing, signed under
penalty of perjury by an authorized official at Parkway Inn Motel with
personal knowledge of the information and representations provided in
the written response, and must be received by the FCC within thirty
(30) calendar days after the release date of this Citation and Order.
19. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
sent both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested, to Parkway Inn Motel at 777 Curtis Parkway, Miami Springs,
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
^ 47 U.S.C. S 503(b)(5).
^ 47 C.F.R. S 76.1804.
^ 47 C.F.R. S 76.605(a)(12).
^ Form 321 is an Aeronautical Frequency Notification Form, which must be
submitted electronically via the Cable Operations and Licensing System
Website (COALS). See http://www.fcc.gov/forms.
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent.") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ 47 C.F.R. S 76.610.
^ 47 C.F.R. S 76.609(a)(12) ("less than and including 54 MHz, and over 216
MHz, signal leakage limit 15 micro-volt/meter, distance in meters 30; over
54 up to and including 216 MHz, signal leakage limit 20 micro-volt/meter,
distance in meters 3").
^ 47 C.F.R. S 76.1804.
^ 47 C.F.R. S 76.605(a)(12), 76.1804.
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, PP 23-28 (2002) (imposing
$100,000 forfeiture for egregious and intentional misconduct, i.e.,
refusing to attest to truthfulness and accuracy of responses to a Letter
Inquiry (LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order,
22 FCC Rcd 15146 (Enf. Bur. 2007) (imposing $4,000 forfeiture for failure
to respond to an LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC
Rcd 3954 (Enf. Bur. 2005) (imposing $20,000 forfeiture for failure to
respond to a USF LOI); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC
Rcd 26065 (Enf. Bur. 2003) (imposing $4,000 forfeiture for failure to
respond to an LOI). See also World Communications Satellite Systems, Inc.,
Notice of Apparent Liability for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur.
2003) (proposing $10,000 forfeiture for a non-responsive reply to an LOI);
Digital Antenna, Inc., Sunrise, Florida, Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 7600 (Enf. Bur. 2007) (proposing $11,000 forfeiture
for failure to provide complete responses to an LOI).
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See paragraph 2, supra.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
Federal Communications Commission DA 13-1339
Federal Communications Commission DA 13-1339