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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-06-DV-322

   Accor North America d/b/a Motel 6 )

   ) Citation No.: C20073280003

   Albuquerque, New Mexico, 87105 )


                                                   Released: February 1, 2007

   By the District Director, Denver District Office, Western 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 Accor North
       America d/b/a Motel 6 ("Accor") for violation of Sections
       76.605(a)(12) and 76.1804 of the Commission's Rules ("Rules").

    2. On August 7, 2006, agents from the Enforcement Bureau's Denver Office
       conducted an inspection of a cable television system serving
       Albuquerque. A cable signal leak was found emanating from the Accor
       motel property d/b/a Motel 6 in Albuquerque. A Letter of Inquiry
       ("LOI") was issued on November 16, 2006, requesting information from
       Accor regarding cable leakage, aeronautical frequency notification and
       Multichannel Video Programming Distributor ("MVPD") classifications.
       Accor responded to the LOI on December 1, 2006.

    3. The Commission's Rules provide that MVPDs, both cable and non-cable,
       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. Attached are excerpts of
       many of the relevant rules applicable to such MVPD systems. 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, Sections
       76.605(a)(12) and 76.1804. Accor is required to comply with these
       rules because its MVPD system at its motel property, Motel 6, in
       Albuquerque, New Mexico, transmits 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.

    4. 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 inspection, Denver agents conducted field strength
       measurements near Room 121 of the Accor motel property, Motel 6, on
       the frequency 121.2625 MHz and measured an emission of 180 microvolts,
       which exceeds the field strength allowed on that frequency by the

    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." Accor's motel
       property in Albuquerque, New Mexico, was using the frequency of
       121.2625 MHz, an aeronautical frequency, but had not notified the
       Commission using FCC Form 321.

    6. Violations of the Act or the Commission's Rules may subject the
       violator to substantial monetary forfeitures, seizure of equipment
       through in rem forfeiture action, and criminal sanctions, including

    7. Accor may request an interview at the closest FCC Office, which is
       Federal Communications Commission, 9330 LBJ Freeway, Room 1170,
       Dallas, Texas, 75243-3429. Accor may contact this office by telephone,
       XXX XXX-XXXX, to schedule this interview, which must take place within
       14 days of this Citation. Accor may also submit a written statement to
       the above address within 14 days of the date of this Citation. Any
       written statements should specify what actions have been taken to
       correct the violation outlined above. Please reference file number
       EB-06-DV-322 when corresponding with the Commission.

    8. 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 made in reply to this Citation
       is punishable by fine or imprisonment.

    9. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested, to Accor
       North America, d/b/a Motel 6, at its address of record.


   Nikki P. Shears

   District Director, Denver District Office

   Western 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 76.610; see attached "Excerpts from 47 C.F.R. Part 76 related
   to Multichannel Video Programming Distributors."

   47 C.F.R. S 76.605(a)(12).

   47 C.F.R. S 76.1804.

   47 C.F.R. S 1.80(b)(3).

   47 U.S.C. SS 401, 501, 503, 510.

   47 U.S.C. S 503(b)(5).

   See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).

   See 18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission