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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                                     
                                                                    
     In the Matter of         )                                     
                                  File No.: EB-FIELDWR-12-00004542  
     Town and Country Motel   )                                     
                                  Citation No.: C201332920001       
     Newberg, Oregon          )                                     
                                                                    
                              )                                     


                                    CITATION

             EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

   Adopted: January 23, 2013 Released: January 24, 2013

   By the Resident Agent, Portland Resident Agent 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 Town and Country
       Motel 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), and for exceeding
       cable signal leakage limits in aeronautical frequency bands in
       violation of Section 76.605(a)(12) of the Rules.

    2. Town and Country Motel should take immediate steps to come into
       compliance and to avoid any recurrence of this 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 September 25, 2012, an agent from the Enforcement Bureau's Portland
       Office (Portland Office) conducted an investigation and found that the
       Town and Country Motel, located at 1864 Portland Road, Newberg,
       Oregon, utilized a non-cable MVPD system at its facility. The agent
       also found that the Town and Country Motel 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 Town and Country Motel's 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 Portland agent conducted field strength
       measurements on the aeronautical frequency 133.2625 MHz over three
       meters from a MVPD equipment rack located near a hallway of the Town
       and Country Motel. The agent measured an emission of 1800 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. Town
       and Country Motel was required to comply with this Rule because the
       MVPD system at its property in Newberg, Oregon, 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 Portland
       Office conducted field strength measurements on the frequency 133.2625
       MHz over three meters from a MVPD equipment rack located near a
       hallway of the Town and Country Motel, and measured an emission of
       1800 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, Town and Country Motel 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,  Town and Country
       Motel 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, Town and Country Motel violates
       the Act or the 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. Town and Country Motel 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 Town and Country Motel to ensure that it does not
       violate the Rules governing signal leakage limits in the future.
       Please reference file number EB-FIELDWR-12-00004542 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 Seattle District Office in Kirkland,
       Washington. You may contact Agent Binh Nguyen by telephone, (360)
       696-6707, 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,
       Portland Resident Agent Office, P.O. Box 61469, Vancouver, Washington
       98666.

   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 Townand Country Motel at 1864 Portland Road,
   Newberg, Oregon 97132.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent 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.")

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-82

                                       2

   Federal Communications Commission DA 13-82