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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                                
                                                         
     In the Matter of   )                                
                            File No.: EB-10-DV-0136      
     Comfort Inn        )                                
                            Citation No.: C201132800004  
     Ouray, Colorado    )                                
                                                         
                        )                                


                                    CITATION

             EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

   Adopted: November 16, 2010 Released: November 18, 2010

   By the District Director, Denver District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. This is an official CITATION issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Comfort Inn for
       exceeding signal leakage limits in aeronautical frequency bands in
       violation of Section 76.605(a)(12) of the Commission's Rules
       ("Rules").

    2. Comfort Inn should take immediate steps to come into compliance and to
       avoid any recurrence of this misconduct. As explained below and as
       provided in the Communications Act, future violations of the
       Commission's Rules in this regard may subject your company to
       substantial monetary penalties, seizure of equipment, and criminal
       sanctions.

   II. background

    3. Investigation by the Enforcement Bureau's Denver Office revealed that
       on June 25, 2010, Comfort Inn utilized a non-cable, multichannel video
       programming distributor ("MVPD") system located at 191 Fifth Avenue in
       Ouray, Colorado, which was emitting radio carrier signals above
       allowed limits on frequency bands utilized by aeronautical services.
       At the time of the inspections, the Denver agent conducted field
       strength measurements near Room 109 of the Comfort Inn property at 191
       Fifth Avenue, but over three meters from the source, on the frequency
       121.2625 MHz and measured an emission of 91  microvolts on June 25,
       2010.

   III. applicable law and violations

    4. 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. 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, Section 76.605(a)(12) of
       the Rules. Comfort Inn is required to comply with this Rule because
       the MVPD system at its motel property in Ouray, Colorado, 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. 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."

    5. On June 25, 2010, an investigation by the Denver Office revealed that
       Comfort Inn, in Ouray, Colorado, utilized a non-cable, MVPD system
       which was emitting radio carrier signals above allowed limits on
       frequency bands utilized by aeronautical services. Specifically, the
       Denver agent conducted field strength measurements near Room 109 of
       the Comfort Inn property at 191 Fifth Avenue, but over three meters
       from the source, on the frequency 121.2625 MHz and measured an
       emission of 91  microvolts on June 25, 2010. The signal leakage
       emitted from the MVPD system utilized by Comfort Inn violated Section
       76.605(a)(12) of the Rules. 

   IV. REQUEST FOR INFORMATION

    6. Pursuant to sections 4(i), 4(j), and 403 of the Act,  Comfort Inn is
       directed to provide the information specified herein, within twenty
       (20) days after the release date of this Citation.

     a. Descriptions of the specific action(s) that have been taken to
        correct the violation and preclude recurrence. Include a time line
        for completion of pending corrective action(s).

   V. FUTURE COMPLIANCE

    7. If, after receipt of this Citation, Comfort Inn violates the
       Communications Act or the Commission's Rules by engaging in conduct of
       the type described herein, the Commission may impose monetary
       forfeitures of up to $16,000 for each such violation or each day of a
       continuing violation and up to $112,500 for any single act or failure
       to act. In addition, violations of the Act or the Rules can result in
       seizure of equipment through in rem forfeiture actions, as well as
       criminal sanctions, including imprisonment.

    8. Comfort Inn may respond to this Citation within twenty (20) days after
       the release date of this Citation either through (1) a personal
       interview at the closest FCC office, or (2) a written statement. Any
       written statements should specify what actions have been taken by
       Comfort Inn to ensure that it does not violate the Commission's Rules
       governing signal leakage limits in the future. All responses should be
       addessed to Federal Communications Commission, 215 S. Wadsworth Blvd.,
       Suite 303, Lakewood, Colorado, 80226. Please reference file number
       EB-10-DV-0136 when corresponding with the Commission.

    9. Under the Privacy Act of 1974, 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, or concealment of any material fact, made in reply to this
       Citation is punishable by fine or imprisonment.  Please also note that
       Section 1.17 of the Rules requires that you provide truthful and
       accurate statements to the Commission.

   VI. CONTACT INFORMATION

   10. The closest FCC Office is the Denver Field Office in Denver, Colorado.
       You may contact this office by telephone, (303)231-5212, to schedule a
       personal interview, which must take place within twenty (20) days
       after the release date of this Citation.

   11. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will need
       including as much detail as you can. Also include a way we can contact
       you if we need more information. Please allow at least five (5) days
       advance notice; last minute requests will be accepted, but may be
       impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
       Consumer & Governmental Affairs Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   For accessible format materials (braille, large print, electronic files,
   and audio format):

   202-418-0531 (voice), 202-418-7365 (tty).

   VII. ORDERING CLAUSES

   12. IT  IS ORDERED that a copy of this Citation shall be sent both by
       First Class U.S.

   Mail and Certified Mail, Return Receipt Requested, to Comfort Inn at its
   address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

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

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

   47 C.F.R. S: 76.610.

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

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

   47 U.S.C. S:S: 154(i), 154(j), 403.

   See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
   subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
   the forfeiture amount applicable to any violation will be determined based
   on the statutory amount designated at the time of the violation.

   See 47 U.S.C. S: 510.

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

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

   47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
   written or oral statement of fact, intentionally provide material factual
   information that is incorrect or intentionally omit material information
   that is necessary to prevent any material factual statement that is made
   from being incorrect or misleading; and (2) In any written statement of
   fact, provide material factual information that is incorrect or omit
   material information that is necessary to prevent any material factual
   statement that is made from being incorrect or misleading without a
   reasonable basis for believing that any such material factual statement is
   correct and not misleading.")

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-2190

                                       2

   Federal Communications Commission DA 10-2190