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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-06-PO-166

   Extended Stay America )

   ) Citation No.: C20073292002

   Vancouver, Washington 98684 )


                                                   Released: February 1, 2007

   By the Resident Agent, Portland Resident Agent 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 Extended Stay
       America for violation of Sections 76.605(a)(12) and 76.1804 of the
       Commission's Rules ("Rules").

    2. Investigation by the Enforcement Bureau's Portland Resident Agent
       Office revealed that on November 2, 2006, Extended Stay America,
       utilized a non-cable, multichannel video programming distributor
       ("MVPD") system located at 300 NE 115^th Avenue, Vancouver,

    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. Extended Stay America is required to comply
       with these rules because its MVPD system at its motel property in
       Vancouver, Washington, 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, Portland agents conducted field
       strength measurements at approximately three meters from the southwest
       entrance at the Extended Stay America on the frequency 121.2625 MHz
       and measured an emission of 320 microvolts, which exceeds the field
       strength allowed on that frequency by the Rules.

    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." Extended Stay America
       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. Extended Stay America may request an interview at the closest FCC
       Office, which is Federal Communications Commission, 11410 NE 122^nd
       Way, Suite 312, Kirkland, Washington 98034-6927. You may contact this
       office by telephone, XXX XXX-XXXX, to schedule this interview, which
       must take place within 14 days of this Citation. Extended Stay America
       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[s]
       outlined above. Please reference file number EB-06-PO-166 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
       Extended Stay America at its address of record.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent 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