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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
Orchard Park Inn File No.: EB-05-BF-110
Mike Ambu
Orchard Park, New York Citation No.: C20063228002
CITATION
Released: July 11, 2006
By the Resident Agent, Buffalo Office, Northeast Region, Enforcement
Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to the Orchard Park
Inn for violation of Section 76.605(a)(12) and 76.1804 of the Commission's
Rules ("Rules").
2. On June 15, 2006, an agent from the Commission's Buffalo Office of the
Enforcement Bureau inspected a non-cable multichannel video programming
distributor ("MVPD") system located at the Orchard Park Inn, 2268
Southwestern Blvd., Orchard Park, New York. Pursuant to Section 76.620 of
the Rules, non-cable MVPDs are subject to the requirements set forth in
Sections 76.605(a)(12) and 76.1804.
3. Section 76.605(a)(12) of the Rules provides that "[as] 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 76.609 (h) and
shall be limited to 20 microvolts at three meters for frequencies over 54
up to and including 216 MHz." An agent conducted field strength
measurements at three meters from the MVPD equipment room located at the
Orchard Park Inn on the frequency 133.2625 MHz and measured an emission of
560 microvolts, which exceeds the field strength allowed on that frequency
by the Rules.
4. Section 76.1804 of the Rules requires that a MVPD 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 must be
made on FCC Form 321. The Orchard Park Inn was using the frequency
133.2625 MHz, an aeronautical frequency, but had not notified the
Commission using FCC Form 321. (Procedures for notifying the Commission
are attached).
5. Subsequent violations of the Act or the Rules may subject the violator
to severe penalties, including, but not limited to, substantial monetary
fines and criminal sanctions including imprisonment.
6. Section 503(b)(5) of the Act provides that the Orchard Park Inn may
request a personal interview at the closest FCC location, namely:
Federal Communications Commission
Buffalo Office
6400 Sheridan Drive
Suite 140
Williamsville, New York 14221
which you can contact by telephone at (716) 626-2454. You must schedule
this interview to take place within 14 days of the date of this Citation.
The Orchard park Inn may submit a written statement to the same address
within 14 days of the date of this Citation. Any written statement should
specify what actions have been taken to correct the violation outlined
above. Please reference case number EB-06-BF -110 when corresponding with
the Commission.
7. 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 to determine what, if any, enforcement action is required to
ensure your compliance with the Rules. This will include any information
that you disclose in your reply.
FEDERAL COMMUNICATIONS COMMISSION
David A. Viglione
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 C.F.R. SS 76.605(a)(12), 76.1804.
47 C.F.R. S 76.605(a)(12).
See 47 U.S.C. SS 401, 501, 503.
47 U.S.C. S 503(b)(5).