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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
                                )                                
                                                                 
     In the Matter of           )                                
                                    File No.: EB-11-PA-0059      
     Lock Haven University      )                                
                                    Citation No.: C201132400002  
     Lock Haven, Pennsylvania   )                                
                                                                 
                                )                                
                                                                 
                                )                                


                                    CITATION

   Adopted: April 18, 2011 Released: April 20, 2011

   By the District Director, Philadelphia Office, Northeast 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 Lock Haven
       University for failing to notify the Commission before operating a
       multichannel video programming distributor ("MVPD"), in violation of
       section 76.1804 of the Commission's Rules ("Rules") and for exceeding
       cable signal leakage limits, in violation of section 76.605(a)(12) of
       the Rules.

    2. Lock Haven University should take immediate steps to come into
       compliance and to avoid any recurrence of these violations. As
       explained below, and as provided in the Communications Act, future
       violations of these Rules may subject your company to substantial
       monetary penalties, seizure of equipment, and criminal sanctions.

   II. background

    3. On March 22, 2011, agents from the Enforcement Bureau's Philadelphia
       Office conducted an investigation and found that Lock Haven
       University, located at 401 North Fairview Street in Lock Haven,
       Pennsylvania, utilized a cable, multichannel video programming
       distributor ("MVPD") system at its university property. The agents
       also found that the Lock Haven University's MVPD system was using
       aeronautical frequencies 121.2625 MHz, 127.2625 MHz and 133.2625 MHz,
       but had not filed FCC Form 321 to notify the Commission of its
       operation in the aeronautical band. During the March 22, 2011
       investigation, agents conducted field strength measurements on the
       frequency 133.2625 MHz in front of the Smith Hall Dormitory and
       measured an emission of 518.4 microvolts per meter, which exceeds the
       field strength allowed on that frequency by the Rules.

   III. applicable law and violations

    4. The 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. 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. Lock Haven University was
       required to comply with these rules because its MVPD system at its
       university property in Lock Haven, 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.

    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." Lock Haven University
       was using the aeronautical frequencies 121.2625 MHz, 127.2625 MHz and
       133.2625 MHz, but had not notified the Commission as required.

    6. 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, FCC agents from the Philadelphia Office
       conducted field strength measurements on the frequency 133.2625 MHz in
       front of the Smith Hall dormitory building and measured an emission of
       518.4 microvolts per meter, which exceeds the field strength allowed
       on that frequency by the Rules.

   IV. FUTURE COMPLIANCE

    7. If, after receipt of this Citation, Lock Haven University violates the
       Communications Act or the Rules by engaging in conduct of the type
       described herein, the Commission may impose monetary forfeitures for
       any single act or failure to act. In addition, violations of the
       Communications Act or the Rules can result in seizure of equipment
       through in rem forfeiture actions, as well as criminal sanctions,
       including imprisonment.

    8. Lock Haven University may respond to this Citation within thirty (30)
       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 Lock Haven University to ensure FCC notification for
       operating an MVPD system at its university property and does not
       program radio transmitters with unauthorized frequencies in the
       future. Please reference file number EB-11-PA-0059 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.

   V. CONTACT INFORMATION

   10. The closest FCC Office is the Philadelphia Office in Langhorne,
       Pennsylvania. You may contact Gene Stanbro by telephone, (215)
       741-3016, to schedule a personal interview, which must take place
       within thirty (30) days after the release date of this Citation. You
       should send any written statement within thirty (30) days after the
       release date of this Citation to: Federal Communications Commission,
       Philadelphia Office, One Oxford Valley Building, Suite 404, 2300 East
       Lincoln Highway, Langhorne, Pennsylvania 19047.

   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);

   To request this document in accessible formats for people with
   disabilities (braille, large print, electronic files, audio format):
   202-418-0530 (voice), 202-418-0432 (tty).

   VI. 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 to Lock Haven University at 401 North Fairview
   Street, Lock Haven, Pennsylvania 17745.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia 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: 76.1804.

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

   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 11-704

                                       2

   Federal Communications Commission DA 11-704