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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Affordable Inns Wheat Ridge, CO ) ) ) ) ) ) File No.:
   EB-FIELDWR-13-00008421 Citation No. C201332800001




                               CITATION AND ORDER

             Exceeding Signal Leakage Limits in Aeronautical Bands

   Adopted: August 14, 2013 Released: August 15, 2013

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

   I. INTRODUCTION

    1. This is an official CITATION AND ORDER (Citation) issued pursuant to
       Section 503(b)(5) of the Communications Act of 1934, as amended
       (Communications Act or Act),^  to Affordable Inns. Specifically,
       Affordable Inns is being cited 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 the Commission's rules (Rules),^ for
       exceeding cable signal leakage limits in aeronautical frequency bands
       in violation of Section 76.605(a)(12) of the Rules,^ and for operating
       two channels outside the allowable frequency tolerance in violation of
       Section 76.612(a)(1) of the Rules.^

    2. Notice of Duty to Comply With Laws: Affordable Inns should take
       immediate steps to come into compliance and reduce excessive signal
       leakage, and to avoid any recurrence of the misconduct described
       herein. Affordable Inns also must immediately register as an MVPD and
       file FCC Form 321.^  Affordable Inns is hereby on notice that if it
       subsequently engages in any conduct of the type described in this
       Citation, including any violation of Sections 76.1804, 76.605(a)(12),
       and 76.612(a)(1) of the Rules, it may be subject to civil penalties,
       including but not limited to substantial monetary fines (forfeitures)
       and seizure of equipment. Such forfeitures may be based on both the
       conduct that led to this Citation and the conduct following it.^

    3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
       the Communications Act,^ we also direct Affordable Inns to respond in
       writing, within thirty (30) calendar days after the release date of
       this Citation, and signed under pernalty of perjury, with descriptions
       of the specific action(s) taken or planned to correct the violations
       and preclude recurrence of the violations, and also a timeline for
       completion of any pending corrective action(s).

   II. background

    4. On April 26, 2013, agents from the Enforcement Bureau's Denver
       District Office (Denver Office) conducted an investigation and found
       Affordable Inns, located at 10300 S. I-70 Frontage Road, Wheat Ridge,
       Colorado, operated a non-cable MVPD system at its facility. The agents
       also found that the Affordable Inns MVPD system was using aeronautical
       frequencies, but had not filed an FCC Form 321 to notify the
       Commission of its operation in the aeronautical band. The agents
       further found that the Affordable Inns MVPD system was emitting a
       radio carrier signal above allowed limits on frequency bands utilized
       by aeronautical services. On April 26, 2013, the agents from the
       Denver Office conducted field strength measurements on the
       aeronautical band frequency 121.2625 MHz at a distance greater than
       three meters from the Affordable Inns MVPD equipment and measured an
       emission of 488 microvolts per meter. Additionally, the agents found
       that two of the channels were not properly offset from the
       aeronautical frequencies.

   III. applicable law and violations

    5. 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 other requirements, Sections 76.605(a)(12), 76.612,
       and 76.1804 of the Rules.^  Affordable Inns was required to comply
       with these Rules because the MVPD system at its property in Wheat
       Ridge, Colorado, 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 and 225-400
       MHz aeronautical bands.

    6. Section 76.605(a)(12) of the Rules provides that signal leakage from a
       cable television system: (1) between 54 MHz and 216 MHz shall be
       limited to 20 micro-volts per meter, measured at three meters and (2)
       less than or equal to 54 MHz and more than 216 MHz shall be limited to
       15 micro-volts per meter, measured at 30 meters.^ At the time of the
       investigation, agents from the Denver Office conducted field strength
       measurements on the frequency 121.2625 MHz at a distance greater than
       three meters from the MVPD system of Affordable Inns, and measured an
       emission of 488 microvolts per meter which exceeds the field strength
       allowed on those frequencies by the Rules.

    7. Section 76.612(a)(1) of the Rules provides that "[a]ll cable
       television systems which operate in the frequency bands 108-137 and
       225-400 MHz shall comply with the following frequency separation
       standards: All such cable carriers or signal components shall be
       offset by 12.5 kHz with a frequency tolerance of +-5 kHz."^ At the
       time of the investigation, agents from the Denver Office observed
       Affordable Inns operating on Channel 28 (O) with a measured frequency
       of 247.2503 MHz (authorized is 247.2625 MHz) and on Channel 29 (P)
       with a measured frequency of 253.2488 MHz (authorized is 253.2625
       MHz). In each instance, Affordable Inns operated the channel outside
       the allowable frequency tolerance.

    8. 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, Affordable Inns was using frequencies in the
       aeronautical band, but had not notified the Commission as required.
       Based on the foregoing evidence, we find that Affordable Inns violated
       Sections 76.1804, 76.605(a)(12) and 76.612(a)(1) of the Rules by
       failing to notify the Commission of its operations, exceeding cable
       signal leakage limits, and operating channels outside the allowable
       frequency tolerance.^

   IV. REQUEST FOR INFORMATION

    9. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
       Affordable Inns is directed to describe the steps it has taken or
       plans to take to come into compliance with the Commission's cable
       signal leakage and notification rules, as well as a timeline for any
       pending corrective actions, within thirty (30) calendar days after the
       release date of this Citation.  A failure to respond in writing, or an
       inadequate, incomplete, or misleading response, may subject Affordable
       Inns to additional sanctions.^

   V. RESPONDING TO THIS CITATION

   10. In addition to the required written information described in
       paragraphs 3 and 9, above, Affordable Inns may, if it so chooses,
       respond to this Citation--challenging the factual and legal findings
       herein--within thirty (30) calendar days from the release date of this
       Citation either through (1) a written statement, (2) a teleconference
       interview, or (3) a personal interview at the Commission Field Office
       nearest to your place of business.

   11. If you would like to arrange a teleconference or personal interview,
       please contact Nikki Shears at (303) 231-5212. The nearest Commission
       Field Office is located in Lakewood, Colorado. Such teleconference or
       interview must take place within thirty calendar (30) days of the date
       of this Citation. If you would like to submit a written response,
       including any supporting documentation, you must send the response
       within thirty (30) calendar days of the date of this Citation to the
       contact and address provided in paragraph 12, below.

   12. All written communications, including the information requested in
       paragraphs 3 and 9, above, should be provided to the address below.

   Nikki P. Shears

   Federal Communications Commission

   Denver District Office

   215 S. Wadsworth Blvd., Suite # 303

   Lakewood, CO 80226

   Re: EB-FIELDWR-13-00008421

   13. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will
       need, and include 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) business 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 FCC's 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).

   14. Please be advised that it is a violation of Section 1.17 of the
       Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
       of that person to make any false or misleading written or oral
       statement of fact. Specifically, no person 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.^

   15. Further, the knowing and willful making of any false statement, or the
       concealment of any material fact, in reply to this Citation is
       punishable by fine or imprisonment under 18 U.S.C. S 1001.

   16. If you violate Section 1.17 of the Commission's rules or the criminal
       statute referenced above, you may be subject to further legal action,
       including monetary fines pursuant to Section 503 of the Communications
       Act.^

   17. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
       you that the Commission's staff will use all relevant material
       information before it, including information that you disclose in your
       interview or written statement, to determine what, if any, enforcement
       action is required to ensure your compliance with the Communications
       Act and the Commission's rules.

   VI. FUTURE VIOLATIONS

   18. If, after receipt of this Citation, Affordable Inns again violates
       Sections 76.1804, 76.605(a)(12), and 76.612(a)(1) of the Rules by
       engaging in conduct of the type described herein, the Commission may
       impose monetary forfeitures not to exceed $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.^ For instance, the Commission
       could impose separate forfeitures for each day on which its MVPD
       system exceeds cable signal leakage limits. Further, as discussed
       above, such forfeitures may be based on both the conduct that led to
       the Citation and the conduct following it.^ In addition, violations of
       the Communications Act or the Rules also can result in seizure of
       equipment through in rem forfeiture actions,^ as well as criminal
       sanctions, including imprisonment.^

   VII. ORDERING CLAUSES

   19. IT  IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
       Communications Act, Affordable Inns must provide the written
       information requested in paragraphs 3 and 9, above. The response to
       the request for information must be provided in writing, signed under
       penalty of perjury by an authorized official at Affordable Inns with
       personal knowledge of the information and representations provided in
       the written response, and must be received by the FCC within thirty
       (30) calendar days after the release date of this Citation and Order.

   20. IT  IS FURTHER ORDERED that a copy of this Citation and Order shall be
       sent both by First Class U.S. Mail and Certified Mail, Return Receipt
       Requested, to Affordable Inns at 10300 S. I-70 Frontage Road, Wheat
       Ridge, CO 80033.

   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 76.1804.

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

   ^  47 C.F.R. S 76.612(a)(1).

   ^ Form 321 is an Aeronautical Frequency Notification Form, which must be
   submitted electronically via the Cable Operations and Licensing System
   Website (COALS). See http://www.fcc.gov/forms.

   ^  See 47 U.S.C S 503(b)(5).  See also  S. Rep. No. 95-580, 95th Cong.,
   1st Sess. at 9 (1977) (If a person or entity that has been issued a
   citation by the Commission thereafter engages in the conduct for which the
   citation of violation was sent, the subsequent notice of apparent
   liability "would attach not only for the conduct occurring subsequently
   but also for the conduct for which the citation was originally sent.")
   (emphasis added).

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

   ^ 47 C.F.R. S 76.610.

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

   ^ 47 C.F.R. S 76.612(a)(1).

   ^ 47 C.F.R. S 76.1804.

   ^ 47 C.F.R. SS 76.605(a)(12), 76.612(a)(1), 76.1804.

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

   ^  See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
   Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, PP 23-28 (2002) (imposing
   $100,000 forfeiture for egregious and intentional misconduct, i.e.,
   refusing to attest to truthfulness and accuracy of responses to a Letter
   Inquiry (LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order,
   22 FCC Rcd 15146 (Enf. Bur. 2007) (imposing $4,000 forfeiture for failure
   to respond to an LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC
   Rcd 3954 (Enf. Bur. 2005) (imposing $20,000 forfeiture for failure to
   respond to a USF LOI); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC
   Rcd 26065 (Enf. Bur. 2003) (imposing $4,000 forfeiture for failure to
   respond to an LOI). See also  World Communications Satellite Systems,
   Inc., Notice of Apparent Liability for Forfeiture, 18 FCC Rcd 18545 (Enf.
   Bur. 2003) (proposing $10,000 forfeiture for a non-responsive reply to an
   LOI); Digital Antenna, Inc., Sunrise, Florida, Notice of Apparent
   Liability for Forfeiture, 23 FCC Rcd 7600 (Enf. Bur. 2008) (proposing
   $11,000 forfeiture for failure to provide complete responses to an LOI).

   ^ 47 C.F.R. S 1.17.

   ^ 47 U.S.C. S 503.

   ^  See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
   subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
   and the forfeiture amount applicable to any violation will be determined
   based on the statutory amount designated at the time of the violation.

   ^  See paragraph 2, supra.

   ^  See 47 U.S.C. S 510.

   ^  See 47 U.S.C. SS 401, 501.

   Federal Communications Commission DA 13-1754

                                       2

   Federal Communications Commission DA 13-1754