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Alamitos West Health Care Center

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Released: August 16, 2012

Federal Communications Commission

DA 12-1336

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

File No.: EB-FIELDWR-12-00002393
Alamitos West Health Care Center
)
)

Citation No.: C201232900003
Los Alamitos, California
)

CITATION

EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

Adopted: August 15, 2012

Released: August 16, 2012

By the Acting District Director, Los Angeles 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),1 to the Alamitos West Health Care Center 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 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.
The Alamitos West Health Care Center 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 Rule may subject your institution to
substantial monetary penalties, seizure of equipment, and criminal sanctions.

II.

BACKGROUND

3.
On May 7, 2012, an agent from the Enforcement Bureau's Los Angeles Office conducted
an investigation and found that the Alamitos West Health Care Center, located at 3902 Katella Avenue,
Los Alamitos, California, utilized a non-cable MVPD system at its Health Care facility. The agent also
found that the Alamitos West Health Care Center’s 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 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 conducted
field strength measurements on the aeronautical frequency 121.2625 MHz outside the facility at the
Alamitos West Health Care Center. The agent measured an emission of 59 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 12-1336

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 The
Alamitos West Health Care Center was required to comply with this Rule because the MVPD system at
its property in Garden Grove, California, 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 FCC agent from the Los Angeles Office conducted field strength measurements on
the frequency 121.2625 MHz outside the facility at the Alamitos West Health Care Center and measured
an emission of 59 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,
Alamitos West Health Care Center 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 Alamitos West Health Care Center 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, Alamitos West Health Care Center violates the
Communications Act or the Commission’s Rules by engaging in conduct of the type described herein, the


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. §§ 154(i), 154(j), 403.
2

Federal Communications Commission

DA 12-1336

Commission may impose monetary forfeitures for 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.
The Alamitos West Health Care Center 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
the Alamitos West Health Care Center to ensure that it does not violate the Commission’s Rules
governing signal leakage limits in the future. Please reference file number EB-FIELDWR-12-00002393
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 Los Angeles Office in Cerritos, California. You may
contact this office by telephone, (562)860-7474, 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,
Los Angeles Office, 18000 Studebaker Road, Suite 660, Cerritos, California 90703.
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).


8 See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation
(see id. § 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.
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 12-1336

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 the Alamitos West Health Care Center at 3902 Katella Avenue, Los Alamitos,
California 90720.

FEDERAL COMMUNICATIONS COMMISSION

Paul Oei
Acting District Director
Los Angeles Office
Western Region
Enforcement Bureau
4

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