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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-11-AT-0013
Jerry Fuller dba Custom Cable )
Citation No.: C201132480001
Russellville, AL )
)
CITATION
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: March 24, 2011 Released: March 25, 2011
By the District Director, Atlanta Field Office, South Central 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 Jerry Fuller
dba Custom Cable ("Custom Cable") for exceeding signal leakage limits
in aeronautical frequency bands in violation of section 76.605(a)(12)
of the Commission's Rules ("Rules").
2. Custom Cable should take immediate steps to come into compliance and
to avoid any recurrence of this misconduct. As explained below and as
provided in the Act, future violations of the 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 Atlanta Office ("Atlanta
Office") revealed that on February 15, 2011, Custom Cable utilized a
non-cable, multichannel video programming distributor ("MVPD") system
located at 324 Cardinal Drive, Decatur, Alabama, which was emitting
radio carrier signals above allowed limits on frequency bands utilized
by aeronautical services. At the time of the inspections, agents from
the Atlanta Office measured signal leakage on the frequency of
121.2625 MHz at the following locations in the 324 Cardinal Drive,
Decatur, Alabama apartment complex:
1. Building 308, SE corner 200 microvolts per meter ("uV/m")
2. Apartments 97-104, SE corner 320 uV/m
3. Building 320, SE corner 250 uV/m
III. applicable law and violations
4. The Commission's rules provide that MVPDs, both cable and non-cable,
which 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. Custom Cable is required to comply with this Rule because
the MVPD system at an apartment complex in Decatur, Alabama, 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 February 15, 2011, an investigation by the Atlanta Office revealed
that Custom Cable, in Decatur, Alabama, utilized a non-cable, MVPD
system which was emitting radio carrier signals above allowed limits
on frequency bands utilized by aeronautical services. Specifically, on
February 15, 2011, the agents from the Atlanta Office conducted field
strength measurements in the 324 Cardinal Drive apartment complex at
three locations: (1) building 308; (2) apartment 97-104; and (3)
building 320. The emissions on the frequency 121.2625 MHz were
measured at a distance of more than three meters at 200, 320, and 250
microvolts per meter, respectively. The signal leakage emitted from
the MVPD system utilized by Custom Cable 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, Custom Cable 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, Custom Cable 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. Custom Cable 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
Custom Cable 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, 3575 Koger Blvd., Suite
320, Duluth, GA 30096. Please reference file number EB-11-AT-0013 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 Atlanta Field Office in Duluth, GA. You
may contact this office by telephone, (770)935-3370, 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 Jerry Russell dba
Custom Cable at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas Miller
District Director
Atlanta Office
South Central 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 11-550
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Federal Communications Commission DA 11-550