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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-10-DV-0134
Timber Ridge Lodge )
Citation No.: C201132800003
Ouray, Colorado )
)
CITATION
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: November 17, 2010 Released: November 19, 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 Timber Ridge
Lodge for exceeding signal leakage limits in aeronautical frequency
bands in violation of Section 76.605(a)(12) of the Commission's Rules
("Rules).
2. Timber Ridge Lodge 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, Timber Ridge Lodge utilized a non-cable,
multichannel video programming distributor ("MVPD") system located at
1550 Main Street, 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 the Timber Ridge
Lodge property in front of US Highway 550, but over three meters from
the source, on the frequency 121.2625 MHz and measured an emission of
117 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. Timber Ridge Lodge 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
Timber Ridge Lodge, in Ouray, Colorado, utilized a 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 the Timber Ridge
Lodge property in front of US Highway 550, but over three meters from
the source, on the frequency 121.2625 MHz and measured an emission of
117 microvolts on June 25, 2010. The signal leakage emitted from the
MVPD system utilized by Timber Ridge Lodge 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, Timber Ridge
Lodge 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, Timber Ridge Lodge 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. Timber Ridge Lodge 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 Timber Ridge Lodge 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-0134 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 Timber Ridge Lodge 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.")
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Federal Communications Commission DA 10-2192
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Federal Communications Commission DA 10-2192