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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Alamitos West Health Care File No.: EB-FIELDWR-12-00002393
Center )
Citation No.: C201232900003
Los Alamitos, California )
)
CITATION
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: August 15, 2012 Released: August 16, 2012
By the Acting District Director, Los Angeles 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 the Alamitos West
Health Care Center for failing to notify the Commission before
operating a multichannel video programming distributor (MVPD) system
with a carrier in the aeronautical radio frequency band, in violation
of Section 76.1804 of Commission's Rules (Rules), and for exceeding
cable signal leakage limits in aeronautical frequency bands in
violation of Section 76.605(a)(12) of the Rules.
2. The Alamitos West Health Care Center 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 the abovementioned Rule may subject your institution to
substantial monetary penalties, seizure of equipment, and criminal
sanctions.
II. background
3. On May 7, 2012, an agent from the Enforcement Bureau's Los Angeles
Office conducted an investigation and found that the Alamitos West
Health Care Center, located at 3902 Katella Avenue, Los Alamitos,
California, utilized a non-cable MVPD system at its Health Care
facility. The agent also found that the Alamitos West Health Care
Center's MVPD system was using an aeronautical frequency, but had not
filed FCC Form 321 to notify the Commission of its operation in the
aeronautical band. The agent further found that the MVPD system was
emitting a radio carrier signal above allowed limits on frequency
bands utilized by aeronautical services. At the time of the
investigation, the agent conducted field strength measurements on the
aeronautical frequency 121.2625 MHz outside the facility at the
Alamitos West Health Care Center. The agent measured an emission of 59
microvolts per meter.
III. applicable law and violations
4. The Rules provide that cable and non-cable MVPDs 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. The
Alamitos West Health Care Center was required to comply with this Rule
because the MVPD system at its property in Garden Grove, California,
transmits a carrier 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 76.605(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 the investigation, an FCC agent from the Los Angeles
Office conducted field strength measurements on the frequency 121.2625
MHz outside the facility at the Alamitos West Health Care Center and
measured an emission of 59 microvolts per meter, which exceeds the
field strength allowed on that frequency by the Rules.
6. 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." At the time of the
investigation, Alamitos West Health Care Center was using a frequency
in the aeronautical band, but had not notified the Commission as
required.
IV. REQUEST FOR INFORMATION
7. Pursuant to sections 4(i), 4(j), and 403 of the Act, Alamitos West
Health Care Center 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
8. If, after receipt of this Citation, Alamitos West Health Care Center
violates the Communications Act or the Commission's Rules by engaging
in conduct of the type described herein, the Commission may impose
monetary forfeitures for any single 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.
9. The Alamitos West Health Care Center 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 the Alamitos West Health Care Center to ensure that
it does not violate the Commission's Rules governing signal leakage
limits in the future. Please reference file number
EB-FIELDWR-12-00002393 when corresponding with the Commission.
10. 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
11. The closest FCC Office is the Los Angeles Office in Cerritos,
California. You may contact this office by telephone, (562)860-7474,
to schedule a personal interview, which must take place within twenty
(20) days after the release date of this Citation. You should send any
written statement within twenty (20) days after the release date of
this Citation to: Federal Communications Commission, Los Angeles
Office, 18000 Studebaker Road, Suite 660, Cerritos, California 90703.
12. 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
13. IT IS ORDERED that a copy of this Citation shall be sent both by
First Class U.S.
Mail and Certified Mail to the Alamitos West Health Care Center at 3902
Katella Avenue, Los Alamitos, California 90720.
FEDERAL COMMUNICATIONS COMMISSION
Paul Oei
Acting District Director
Los Angeles Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 76.1804.
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: 76.1804.
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 12-1336
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Federal Communications Commission DA 12-1336