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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-10-PA-0013

   Holiday Inn )

   ) Citation No.: C201032400002

   Monroeville, Pennsylvania )


                          Released:  February 3, 2010

   By the District Director, Philadelphia 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 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 Philadelphia Office revealed
       that on January 19, 2010, the Holiday Inn utilized a non-cable,
       multichannel video programming distributor ("MVPD") system located at
       2750 Mosside Boulevard, Monroeville, Pennsylvania 15146.

    3. The Commission's Rules provide that cable and non-cable MVPD's 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. At
       the time of inspection, the Holiday Inn was required to comply with
       these rules because its MVPD system at its hotel property in
       Monroeville, Pennsylvania, transmitted 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 inspection, an FCC agent conducted field strength
       measurements on the frequency 133.2625 MHz in the rear of the Holiday
       Inn and measured an emission of 100 microvolts per meter, 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." The Holiday Inn was
       using the frequencies 121.2625 MHz, 127.2625 MHz and 133.2625 MHz,
       aeronautical frequencies, 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, One Oxford Valley Building Suite
       404, 2300 East Lincoln Highway, Langhorne, PA 19047. 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-10-PA-0013 when corresponding with the

    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 the
       Holiday Inn at its address of record.


   Gene J. Stanbro

   District Director

   Philadelphia District 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