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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-09-DT-0167

   Holiday Inn )

   ) Citation No.: C201032360001

   Ann Arbor, MI 48105 )


                                                 Released:  November 13, 2009

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Holiday Inn for
       violation of Sections 76.605(a)(12) and 76.1804 of the Commission's
       Rules ("Rules").

    2. Investigation by the Enforcement Bureau's Detroit Office revealed that
       on August 4, 2009, Holiday Inn utilized a non-cable, multichannel
       video programming distributor ("MVPD") system located at 3600 Plymouth
       Rd., Ann Arbor, Michigan, 48105.

    3. The Commission's 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. 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 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.
       Holiday Inn is required to comply with these rules because its MVPD
       system at its hotel property in Ann Arbor, Michigan, 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, Detroit agents conducted field strength
       measurements at approximately three meters from the southwest corner
       of the hotel at the Holiday Inn 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." Holiday Inn 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. Holiday Inn may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 24897 Hathaway St., Farmington
       Hills, MI 48335. You may contact this office by telephone, (XXX)
       XXXX-XXXXo schedule this interview, which must take place within 14
       days of this Citation. Holiday Inn 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 violations outlined above. Please reference file number
       EB-09-DT-0167 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
       Holiday Inn at its address of record.


   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau


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

   47 C.F.R. S:S: 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. S:S: 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