Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Red Roof Inn #10038 Farmington Hills, Michigan ) ) ) ) )
File No.: EB-FIELDNER-13-00010410 Citation No.: C201432360001
CITATION AND ORDER
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: January 16, 2014 Released: January 16, 2014
By the District Director, Detroit Office, Northeast 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 Red Roof Inn #10038 (Red Roof Inn).
Specifically, Red Roof Inn 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),^ and for exceeding cable signal leakage limits in
aeronautical frequency bands in violation of Section 76.605(a)(12) of
the Rules.^
2. Notice of Duty to Comply With Laws. Red Roof Inn should take
immediate steps to come into compliance and reduce excessive signal
leakage, and to avoid any recurrence of the misconduct described
herein. Red Roof Inn also must immediately register as an MVPD and
file FCC Form 321.^ Red Roof Inn 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 and
76.605(a)(12) 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 Red Roof Inn to respond in
writing, within thirty (30) calendar days after the release date of
this Citation, and signed under penalty of perjury, with descriptions
of the specific action(s) taken to come into compliance with the cable
signal leakage and notification rules, plans to preclude recurrence of
the violations, and also a timeline for completion of any correction
action(s).
II. background
4. On October 29, 2013, an agent from the Enforcement Bureau's Detroit
Office (Detroit Office) conducted an investigation and found Red Roof
Inn, located at 24300 Sinacola Court, Farmington Hills, Michigan,
utilizing a non-cable MVPD system at its facility. The agent also
found that Red Roof Inn's MVPD system was using aeronautical
frequencies, but had not filed FCC Form 321 to notify the Commission
of its operation in the aeronautical band. The agent further found
that Red Roof Inn's MVPD system was emitting a radio carrier signal
above allowed limits on frequency bands utilized by aeronautical
services. Specifically, the agent from the Detroit Office conducted
field strength measurements on the aeronautical frequency 127.2625 MHz
and measured an emission of 75.9 microvolts per meter.
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 others, Section 76.605(a)(12) of the Rules.^ Red
Roof Inn was required to comply with this Rule because its MVPD system
in Farmington Hills, Michigan, 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.
6. Section 76.605(a)(12) of the Rules provides that signal leakage from a
cable television system operating between 54 MHz and 216 MHz shall be
limited to 20 micro-volts per meter, measured at three meters.^ At the
time of the investigation, an agent from the Detroit Office conducted
field strength measurements on the frequency 127.2625 MHz over three
meters from the MVPD equipment located at the Red Roof Inn, and
measured an emission of 75.9 microvolts per meter, which exceeds the
field strength allowed on that frequency by the Rules.
7. 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 new 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, Red Roof Inn was using frequencies in the
aeronautical band, but had not notified the Commission as required.
8. Based on the foregoing, we find that Red Roof Inn violated Sections
76.605(a)(12) and 76.1804 of the Rules by failing to notify the
Commission of its operations in the aeronautical band and by exceeding
cable signal leakage limits.
IV. REQUEST FOR INFORMATION
9. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
Red Roof Inn 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, its plans to preclude recurrence of
the violations, and 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 Red Roof Inn to
additional sanctions.^
V. RESPONDING TO THIS CITATION
10. In addition to the required written information described in
paragraphs 3 and 9, above, Red Roof Inn 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 James Bridgewater at (248) 471-0772. The nearest
Commission Field Office is located in Farmington Hills, Michigan. 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.
James Bridgewater
Federal Communications Commission
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335-1552
Re: EB-FIELDNER-13-00010410
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 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 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 Rules.
VI. FUTURE VIOLATIONS
18. If, after receipt of this Citation, Red Roof Inn again violates
Sections 76.1804 or 76.605(a)(12) 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 $122,500 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, Red Roof Inn 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 Red Roof Inn 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 shall be sent both
by First Class U.S. Mail and Certified Mail to Red Roof Inn at 24300
Sinacola Court, Farmington Hills, Michigan 48335.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Field Office
Northeast 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).
^ 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 76.1804.
^ 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, paras. 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 an 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., 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 supra para. 2.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 14-48
3
Federal Communications Commission DA 14-48