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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Airport Inn & Suites Kenner, LA ) ) ) ) ) File No.:
   EB-FIELDSCR-13-00007963 Citation No.: C201332620001




                                    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),^ 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),^ and for exceeding
       cable signal leakage limits in aeronautical frequency bands in
       violation of Section 76.605(a)(12) of the Rules.^

    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.

   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.^
       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 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."^
       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."^ 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,^  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 any single 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.^

    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.^ 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

   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);

   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

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

   ^ 47 C.F.R. S 76.1804.

   ^ 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 76.1804.

   ^ 47 U.S.C. SS 4(i), 4(j), 403.

   ^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
   subject to further adjustment for inflation (see id. S 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.

   ^ 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.")

   Federal Communications Commission DA 13-712

                                       2

   Federal Communications Commission DA 13-712