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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Airport Inn & Suites Kenner, LA ) ) ) ) ) File No.:
EB-FIELDSCR-13-00007963 Citation No.: C201332620001
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: April 15, 2013 Released: April 15, 2013
By the Deputy Regional Director, New Orleans Office, South Central Region,
1. This is an official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended (Act),^ to Airport 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 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. Airport Inn & Suites 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 the abovementioned Rules may subject your institution to
substantial monetary penalties, seizure of equipment, and criminal
3. On March 4, 2013, an agent from the Enforcement Bureau's New Orleans
Office (New Orleans Office) conducted an investigation and found
Airport Inn & Suites, located at 1300 Veterans Blvd., Kenner, LA,
utilized a non-cable MVPD system at its facility. The agent also found
the Airport Inn & Suites MVPD system was using an aeronautical
frequency, 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 Airport 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 agent
from the New Orleans Office conducted field strength measurements on
the aeronautical frequency 121.2625 MHz over three meters from the
MVPD equipment room located on the far east side of the Airport Inn &
Suites. The agent measured an emission of 5807 microvolts per meter.
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.^
Airport Inn & Suites was required to comply with this Rule because the
MVPD system at its property in Kenner, LA, 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 agent from the New Orleans Office
conducted field strength measurements on the frequency 121.2625 MHz
over three meters from the MVPD equipment room located on the far east
side of Airport Inn & Suites, and measured an emission of 5807
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, Airport 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,^ Airport Inn &
Suites is directed to provide the information specified herein, within
twenty (20) calendar days after the release date of this Citation.
a. Descriptions of the specific action(s) that have been taken to
correct the violations and preclude recurrence. Include a time line
for completion of pending corrective action(s).
V. FUTURE COMPLIANCE
8. If, after receipt of this Citation, Airport Inn & Suites violates the
Act or the 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. Airport Inn & Suites may respond to this Citation within twenty (20)
calendar 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 Airport Inn & Suites to ensure that it does not violate
the Rules governing signal leakage limits in the future. Please
reference file number EB-FIELDSCR-13-00007269 when corresponding with
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 New Orleans Office in Metairie, LA. You
may contact Agent Dedrick Roybiskie by telephone, (504) 219-8999, to
schedule a personal interview, which must take place within twenty
(20) calendar days after the release date of this Citation. You should
send any written statement within twenty (20) calendar days after the
release date of this Citation to: Federal Communications Commission,
New Orleans Office, 2424 Edenborn Ave., Suite 460, Metairie, LA 70001.
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)
calendar 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 pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Airport Inn & Suites must provide the information
requested in paragraph 7 of this Citation to the New Orleans Office at
2424 Edenborn Ave., Suite 460, Metairie, LA 70001 within twenty (20)
calendar days after the release date of this Citation.
14. IT IS FURTHER ORDERED that a copy of this Citation shall be sent both
by First Class U.S. Mail and Certified Mail, Return Receipt Requested,
to Airport Inn & Suites at 1300 Veterans Blvd., Kenner, LA 70062.
FEDERAL COMMUNICATIONS COMMISSION
Deputy Regional Director
New Orleans District Office
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).
^ 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. SS 4(i), 4(j), 403.
^ 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 id. 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 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.")
Federal Communications Commission DA 13-712
Federal Communications Commission DA 13-712