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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Travelers Partners LLC Miami Springs, FL ) ) ) ) ) ) File
No.: EB-FIELDSCR-14-00016221 Citation No.: C201432600001
CITATION AND ORDER
Exceeding Signal Leakage Limits in Aeronautical Bands
Adopted: July 8, 2014 Released: July 8, 2014
By the Resident Agent, Miami Office, South Central Region, Enforcement
1. This CITATION AND ORDER (Citation) notifies Travelers Partners LLC dba
Days Inn Miami Airport North (Days Inn) that it must take immediate
steps to come into compliance and reduce excessive signal leakage in
its multichannel video programming distributor (MVPD) system and
register its system with the FCC. If Days Inn fails to take these
actions, it may be liable for severe monetary fines and/or seizure of
2. This is an official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended (Communications Act or
Act),^ to Days Inn. Specifically, Days Inn is being cited for failing
to notify the Commission before operating a 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.^
3. Notice of Duty to Comply With Laws: Days Inn should take immediate
steps to come into compliance and reduce excessive signal leakage, and
to avoid any recurrence of the misconduct described herein. Days Inn
also must immediately register as an MVPD and file FCC Form 321.^ Days
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
4. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct Days Inn 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).
5. On June 20, 2014 an agent from the Enforcement Bureau's Miami Office
(Miami Office) conducted an investigation and found Days Inn, located
at 4767 NW 36^th St., Miami Springs, Florida 33166, utilizing a
non-cable MVPD system at its facility. The agent also found that the
Days Inn 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 agent further found that the Days Inn MVPD
system was emitting a radio carrier signal above allowed limits on
frequency bands utilized by aeronautical services. On June 20, 2014,
the agent from the Miami Office conducted field strength measurements
on the aeronautical band frequency 133.2625 MHz near the west side of
the northeast building of the Days Inn and measured an emission of 309
microvolts per meter.
III. applicable law and violations
6. 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, Section 76.605(a)(12) of the
Rules.^ Days Inn was required to comply with this Rule because the
MVPD system at its property in Miami Springs, Florida, 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 bands.
7. 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, an agent from the Miami Office conducted field strength
measurements on the frequency 133.2625 MHz at three meters from the
MVPD external coaxial cabling at the Days Inn, and measured an
emission of 309 microvolts per meter, which exceeds the field strength
allowed by the Rules.
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, Days Inn was using frequencies in the aeronautical
band, but had not notified the Commission as required. Based on the
foregoing evidence, we find that Days Inn violated Sections 76.1804
and 76.605(a)(12) of the Rules by failing to notify the Commission of
its operations 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,^
Days 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, 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 Days Inn
to additional sanctions.^
V. RESPONDING TO THIS CITATION
10. In addition to the required written information described in
paragraphs 4 and 9, above, Days 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 Steven DeSena at (305) 994-1642. The nearest Commission
Field Office is located in Tampa, Florida. 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 4 and 9, above, should be provided to the address below.
Federal Communications Commission
P.O. Box 520617
Miami, FL 33152-06179
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
firstname.lastname@example.org or call the FCC's Consumer & Governmental Affairs
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
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, Days Inn again violates Sections
76.1804 and 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 $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
VII. ORDERING CLAUSES
19. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Travelers Partners LLC dba Days Inn Miami Airport
North must provide the written information requested in paragraphs 4
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 Days 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 and Order shall be
sent both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested, to Travelers Partners LLC dba Days Inn Miami Airport North
at 4767 NW 36^th St., Miami Springs, FL 33166.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
^ 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 76.609(a)(12) ("less than and including 54 MHz, and over 216
MHz, signal leakage limit 15 micro-volt/meter, distance in meters 30; over
54 up to and including 216 MHz, signal leakage limit 20 micro-volt/meter,
distance in meters 3").
^ 47 C.F.R. S 76.1804.
^ 47 C.F.R. SS 76.605(a)(12), 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. 2007) (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 3, supra.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
Federal Communications Commission DA 14-970
Federal Communications Commission DA 14-970