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Red Roof Inn

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Released: January 16, 2014

Federal Communications Commission

DA 14-48

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

File No.: EB-FIELDNER-13-00010410
Red Roof Inn #10038
)
)

Citation No.: C201432360001
Farmington Hills, Michigan
)

CITATION AND ORDER

EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

Adopted:

January 16, 2014

Released:

January 16, 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),1 to Red Roof
Inn #10038 (Red Roof Inn). Specifically, Red Roof Inn 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),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.
Notice of Duty to Comply With Laws. Red Roof Inn should take immediate steps to
come into compliance and reduce excessive signal leakage, and to avoid any recurrence of the misconduct
described herein. Red Roof Inn also must immediately register as an MVPD and file FCC Form 321.4
Red Roof 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
following it.5


1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. § 76.1804.
3 47 C.F.R. § 76.605(a)(12).
4 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.
5 See 47 U.S.C § 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).

Federal Communications Commission

DA 14-48

3.
Your Response Required. Pursuant to Sections 4(i), 4(j), and 403 of the Communications
Act,6 we also direct Red Roof Inn 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 October 29, 2013, an agent from the Enforcement Bureau’s Detroit Office (Detroit
Office) conducted an investigation and found Red Roof Inn, located at 24300 Sinacola Court, Farmington
Hills, Michigan, utilizing a non-cable MVPD system at its facility. The agent also found that Red Roof
Inn’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 Red Roof Inn’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 75.9 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.7
Red Roof Inn 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.8 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 Red Roof Inn, and measured an emission of 75.9 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.”9 At the time of the
investigation, Red Roof Inn was using frequencies in the aeronautical band, but had not notified the
Commission as required.


6 47 U.S.C. §§ 154(i), 154(j), 403.
7 47 C.F.R. § 76.610.
8 47 C.F.R. § 76.605(a)(12).
9 47 C.F.R. § 76.1804.
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DA 14-48

8.
Based on the foregoing, we find that Red Roof Inn 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,10 Red Roof 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, 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 Red Roof Inn to additional sanctions.11

V.

RESPONDING TO THIS CITATION

10.
In addition to the required written information described in paragraphs 3 and 9, above,
Red Roof 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 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-13-00010410
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


10 47 U.S.C. §§ 154(i), 154(j), 403.
11 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).
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DA 14-48

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. § 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.12
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. § 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.13
17.
Under the Privacy Act of 1974, 5 U.S.C. § 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, Red Roof Inn 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.14 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


12 47 C.F.R. § 1.17.
13 47 U.S.C. § 503.
14 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 47 C.F.R. § 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.
4

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DA 14-48

the conduct following it.15 In addition, violations of the Communications Act or the Rules also can result
in seizure of equipment through in rem forfeiture actions,16 as well as criminal sanctions, including
imprisonment.17

VII.

ORDERING CLAUSES

19.

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 403 of the Communications
Act, Red Roof Inn 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 Red Roof 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 shall be sent both by First
Class U.S. Mail and Certified Mail to Red Roof Inn at 24300 Sinacola Court, Farmington Hills, Michigan
48335.

FEDERAL COMMUNICATIONS COMMISSION

James A. Bridgewater
District Director
Detroit Field Office
Northeast Region
Enforcement Bureau


15 See supra para. 2.
16 See 47 U.S.C. § 510.
17 See 47 U.S.C. §§ 401, 501.
5

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