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Airport Inn & Suites

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Released: April 15, 2013

Federal Communications Commission

DA 13-712

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

File No.: EB-FIELDSCR-13-00007963
Airport Inn & Suites
)
)

Citation No.: C201332620001
Kenner, LA
)

CITATION

EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

Adopted:

April 15, 2013

Released:

April 15, 2013
By the Deputy Regional Director, New Orleans Office, South Central 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),1 to Airport Inn & Suites 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),2
and for exceeding cable signal leakage limits in aeronautical frequency bands in violation of Section
76.605(a)(12) of the Rules.3
2.
Airport Inn & Suites should take immediate steps to come into compliance and to avoid
any recurrence of these violations. As explained below and as provided in the Communications Act,
future violations of the abovementioned Rules may subject your institution to substantial monetary
penalties, seizure of equipment, and criminal sanctions.

II.

BACKGROUND

3.
On March 4, 2013, an agent from the Enforcement Bureau’s New Orleans Office (New
Orleans Office) conducted an investigation and found Airport Inn & Suites, located at 1300 Veterans
Blvd., Kenner, LA, utilized a non-cable MVPD system at its facility. The agent also found the Airport
Inn & Suites MVPD system was using an aeronautical frequency, 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 Airport
Inn & Suites 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 agent from the New Orleans Office
conducted field strength measurements on the aeronautical frequency 121.2625 MHz over three meters
from the MVPD equipment room located on the far east side of the Airport Inn & Suites. The agent
measured an emission of 5807 microvolts per meter.


1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. § 76.1804.
3 47 C.F.R. § 76.605(a)(12).

Federal Communications Commission

DA 13-712

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.4
Airport Inn & Suites was required to comply with this Rule because the MVPD system at its property in
Kenner, LA, 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 § 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.”5 At the time of
the investigation, an agent from the New Orleans Office conducted field strength measurements on the
frequency 121.2625 MHz over three meters from the MVPD equipment room located on the far east side
of Airport Inn & Suites, and measured an emission of 5807 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.”6 At the time of the investigation,
Airport Inn & Suites 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,7 Airport Inn & Suites is directed to
provide the information specified herein, within twenty (20) calendar days after the release date of this
Citation.
a. Descriptions of the specific action(s) that have been taken to correct the violations and
preclude recurrence. Include a time line for completion of pending corrective action(s).

V.

FUTURE COMPLIANCE

8.
If, after receipt of this Citation, Airport Inn & Suites violates the Act or the Rules by
engaging in conduct of the type described herein, the Commission may impose monetary forfeitures for


4 47 C.F.R. § 76.610.
5 47 C.F.R. § 76.605(a)(12).
6 47 C.F.R. § 76.1804.
7 47 U.S.C. §§ 4(i), 4(j), 403.
2

Federal Communications Commission

DA 13-712

any single act.8 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
9.
Airport Inn & Suites may respond to this Citation within twenty (20) calendar 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 Airport Inn &
Suites to ensure that it does not violate the Rules governing signal leakage limits in the future. Please
reference file number EB-FIELDSCR-13-00007269 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.10 Any knowingly or
willfully false statement, or concealment of any material fact, made in reply to this Citation is punishable
by fine or imprisonment.11 Please also note that Section 1.17 of the Rules requires that you provide
truthful and accurate statements to the Commission.12

VI.

CONTACT INFORMATION

11.
The closest FCC Office is the New Orleans Office in Metairie, LA. You may contact
Agent Dedrick Roybiskie by telephone, (504) 219-8999, to schedule a personal interview, which must
take place within twenty (20) calendar days after the release date of this Citation. You should send any
written statement within twenty (20) calendar days after the release date of this Citation to: Federal
Communications Commission, New Orleans Office, 2424 Edenborn Ave., Suite 460, Metairie, LA 70001.
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) calendar
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);



8 See 47 U.S.C. §§ 401, 501, 503; 47 C.F.R. § 1.80(b)(7). This amount is subject to further adjustment for inflation
(see id. § 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.
9 See 47 U.S.C. § 510.
10 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
11 See 18 U.S.C. § 1001 et seq.
12 47 C.F.R. § 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.”)
3

Federal Communications Commission

DA 13-712

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 pursuant to Sections 4(i), 4(j), and 403 of the Communications
Act, Airport Inn & Suites must provide the information requested in paragraph 7 of this Citation to the
New Orleans Office at 2424 Edenborn Ave., Suite 460, Metairie, LA 70001 within twenty (20) calendar
days after the release date of this Citation.
14.

IT IS FURTHER ORDERED

that a copy of this Citation shall be sent both by First
Class U.S. Mail and Certified Mail, Return Receipt Requested, to Airport Inn & Suites at 1300 Veterans
Blvd., Kenner, LA 70062.

FEDERAL COMMUNICATIONS COMMISSION

Loyd Perry
Deputy Regional Director
New Orleans District Office
South Central Region
Enforcement Bureau
4

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