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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Extended Stay America #0780 Farmington Hills, Michigan )
   ) ) ) ) File No.: EB-FIELDNER-14-00013355 Citation No.: C201432360003




                               CITATION AND ORDER

             EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

   Adopted: June 25, 2014 Released: June 25, 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 Extended Stay America #0780 (Extended
       Stay America). Specifically, Extended Stay America 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.  Extended Stay America should take
       immediate steps to come into compliance and reduce excessive signal
       leakage, and to avoid any recurrence of the misconduct described
       herein. Extended Stay America also must immediately register as an
       MVPD and file FCC Form 321.^ Extended Stay America 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 Extended Stay America 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 January 17, 2014, an agent from the Enforcement Bureau's Detroit
       Office (Detroit Office) conducted an investigation and found Extended
       Stay America, located at 27775 Stansbury Boulevard, Farmington Hills,
       Michigan, utilizing a non-cable MVPD system at its facility. The agent
       also found that Extended Stay America'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 Extended Stay America'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 80.2 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.^
       Extended Stay America 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 Extended Stay America,
       and measured an emission of 80.2 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, Extended Stay America was using frequencies
       in the aeronautical band, but had not notified the Commission as
       required.

    8. Based on the foregoing, we find that Extended Stay America 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,^
       Extended Stay America 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 Extended
       Stay America to additional sanctions.^

   V. RESPONDING TO THIS CITATION

   10. In addition to the required written information described in
       paragraphs 3 and 9, above, Extended Stay America 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-14-00013355

   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, Extended Stay America 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, Extended Stay America 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 Extended Stay America
       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 Extended Stay America
       at 27775 Stansbury Boulevard, Farmington Hills, Michigan 48334.

   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)

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   Federal Communications Commission DA 14-868

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   Federal Communications Commission DA 14-868