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Holiday Inn, Monroeville, PA

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Released: February 3, 2010

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
File No.: EB-10-PA-0013
Holiday Inn
)
)
Citation No.: C201032400002
Monroeville, Pennsylvania
)


CITATION

Released

:

February 3, 2010

By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:
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 Holiday Inn for violation of Sections
76.605(a)(12) and 76.1804 of the Commission’s Rules (“Rules”).2
2.
Investigation by the Enforcement Bureau’s Philadelphia Office revealed that on
January 19, 2010, the Holiday Inn utilized a non-cable, multichannel video programming
distributor (“MVPD”) system located at 2750 Mosside Boulevard, Monroeville, Pennsylvania
15146.
3.
The Commission’s Rules provide that cable and non-cable MVPD's 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. Attached are excerpts of many of the relevant rules applicable to such MVPD
systems. In particular, Section 76.610 of the Rules provides that all MVPDs (cable and non-cable)
transmitting carriers or other signal components 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, Sections 76.605(a)(12) and 76.1804.3 At the time of inspection, the
Holiday Inn was required to comply with these rules because its MVPD system at its hotel property
in Monroeville, Pennsylvania, transmitted carriers 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.


1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. §§ 76.605(a)(12), 76.1804.
3 47 C.F.R. § 76.610; see attached “Excerpts from 47 C.F.R. Part 76 related to Multichannel Video
Programming Distributors.”

Federal Communications Commission

4.
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.”4 At the time of inspection, an FCC agent conducted field strength measurements on the
frequency 133.2625 MHz in the rear of the Holiday Inn and measured an emission of 100
microvolts per meter, which exceeds the field strength allowed on that frequency by the Rules.
5.
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.”5 The
Holiday Inn was using the frequencies 121.2625 MHz, 127.2625 MHz and 133.2625 MHz,
aeronautical frequencies, but had not notified the Commission using FCC Form 321.
6.
Violations of the Act or the Commission’s Rules may subject the violator to
substantial monetary forfeitures,6 seizure of equipment through in rem forfeiture action, and
criminal sanctions, including imprisonment.7
7.
Holiday Inn may request an interview at the closest FCC Office, which is Federal
Communications Commission, One Oxford Valley Building Suite 404, 2300 East Lincoln
Highway, Langhorne, PA 19047.8 You may contact this office by telephone, (XXX) XXXX-
XXXXo schedule this interview, which must take place within 14 days of this Citation. Holiday
Inn may also submit a written statement to the above address within 14 days of the date of this
Citation. Any written statements should specify what actions have been taken to correct the
violations outlined above. Please reference file number EB-10-PA-0013 when corresponding with
the Commission.
8.
Any statement or information provided by you may be used by the Commission to
determine if further enforcement action is required.9 Any knowingly or willfully false statement
made in reply to this Citation is punishable by fine or imprisonment.10


4 47 C.F.R. § 76.605(a)(12).
5 47 C.F.R. § 76.1804.
6 47 C.F.R. § 1.80(b)(3).
7 47 U.S.C. §§ 401, 501, 503, 510.
8 47 U.S.C. § 503(b)(5).
9 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
10 See 18 U.S.C. § 1001 et seq.
2

Federal Communications Commission

9.

IT IS ORDERED

that copies of this Citation shall be sent by First Class U.S.
Mail and Certified Mail, Return Receipt Requested to the Holiday Inn at its address of record.

FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
Attachment
3

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