Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                                
                                                         
     In the Matter of   )                                
                            File No.: EB-11-PO-0125      
     Fireside Motel     )                                
                            Citation No.: C201232920001  
     Yachats, Oregon    )                                
                                                         
                        )                                


                                    CITATION

             EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS

   Adopted: October 25, 2011 Released: October 27, 2011

   By the Resident Agent, Portland Resident Agent 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"), to the Fireside
       Motel for exceeding signal leakage limits in aeronautical frequency
       bands in violation of Section 76.605(a)(12) of the Commission's Rules
       ("Rules").

    2. Fireside Motel should take immediate steps to come into compliance and
       to avoid any recurrence of this misconduct. As explained below and as
       provided in the Communications Act, future violations of the
       Commission's Rules in this regard may subject your company to
       substantial monetary penalties, seizure of equipment, and criminal
       sanctions.

   II. background

    3. Investigation by the Enforcement Bureau's Portland Office revealed
       that on August 19, 2011, Fireside Motel utilized a non-cable,
       multichannel video programming distributor ("MVPD") system located at
       1881 Hwy 101, Yachats, Oregon, which was emitting radio carrier
       signals above allowed limits on frequency bands utilized by
       aeronautical services. At the time of the inspection, the Portland
       agent conducted field strength measurements on the frequency 121.2625
       MHz over three meters near the Fireside Motel's Village Gift Gallery.
       The agent measured an emission of 204 microvolts at that location on
       August 19, 2011.

   III. applicable law and violations

    4. The Commission's Rules provide that MVPDs, both cable and non-cable,
       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. Fireside Motel is required to comply with this Rule because
       the MVPD system at its property in Yachats, Oregon, transmits 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. 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 S: 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. An investigation by the Portland Office revealed that Fireside Motel,
       in Yachats, Oregon, utilized a non-cable, MVPD system which was
       emitting radio carrier signals above allowed limits on frequency bands
       utilized by aeronautical services. Specifically, the Portland agent
       conducted field strength measurements near the Fireside Motel's
       Village Gift Gallery, but over three meters from the source, on the
       frequency 121.2625 MHz and measured an emission of 204 microvolts on
       August 19, 2011. The signal leakage emitted from the MVPD system
       utilized by Fireside Motel violated Section 76.605(a)(12) of the
       Rules. 

   IV. REQUEST FOR INFORMATION

    6. Pursuant to sections 4(i), 4(j), and 403 of the Act, Fireside Motel 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

    7. If, after receipt of this Citation, Fireside Motel violates the
       Communications Act or the Commission's Rules by engaging in conduct of
       the type described herein, the Commission may impose monetary
       forfeitures of up to $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. 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.

    8. Fireside Motel 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
       Fireside Motel to ensure that it does not violate the Commission's
       Rules governing signal leakage limits in the future.

    9. 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. Any knowingly or willfully false
       statement, or concealment of any material fact, made in reply to this
       Citation is punishable by fine or imprisonment.  Please also note that
       Section 1.17 of the Rules requires that you provide truthful and
       accurate statements to the Commission.

   VI. CONTACT INFORMATION

   10. The closest FCC Office is the Seattle Field Office in Kirkland,
       Washington. You may contact this office by telephone, (360)696-6707,
       to schedule a personal interview, which must take place within twenty
       (20) days after the release date of this Citation. All written
       correspondence should be addessed to Federal Communications
       Commission, PO Box 61469, Vancouver, Washington 98666. Please
       reference file number EB-11-PO-0125 when corresponding with the
       Commission.

   11. 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).

   VII. ORDERING CLAUSES

   12. IT  IS ORDERED that a copy of this Citation shall be sent both by
       First Class U.S.

   Mail and Certified Mail, Return Receipt Requested, to Fireside Motel at
   its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 76.605(a)(12).

   47 C.F.R. S: 76.610.

   47 C.F.R. S: 76.605(a)(12).

   47 C.F.R. S: 76.605(a)(12).

   47 U.S.C. S:S: 154(i), 154(j), 403.

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

   See 47 U.S.C. S: 510.

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

   47 C.F.R. S: 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.")

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1786

                                       4

   Federal Communications Commission DA 11-1786