Before the

**FEDERAL COMMUNICATIONS COMMISSION**

Washington, D.C. 20554

**CERTIFIED MAIL:**

**RETURN RECEIPT REQUESTED**

Econo Lodge **File No.:** EB-05-BF-101

Williamsville, New York **Citation No.: C**20063228001

**CITATION**

> **Released:** July 11, 2006

By the Resident Agent, Buffalo 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 Econo Lodge
for violation of Section 76.605(a)(12) and 76.1804 of the Commission's
Rules ("Rules").[^2]

2\. On May 25, 2006, an agent from the Commission's Buffalo Office of
the Enforcement Bureau inspected a non-cable multichannel video
programming distributor ("MVPD") system located at the Econo Lodge, 7200
Transit Road, Williamsville, New York. Pursuant to Section 76.620 of the
Rules, non-cable MVPDs are subject to the requirements set forth in
Sections 76.605(a)(12) and 76.1804.

3\. Section 76.605(a)(12) of the Rules provides that **"\[**as\] 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 to 20 microvolts at three meters for
frequencies over 54 up to and including 216 MHz.*"*[^3] An agent
conducted field strength measurements at three meters from the MVPD
equipment room located at the Econo Lodge on the frequency 133.2625 MHz
and measured an emission of 310 microvolts, which exceeds the field
strength allowed on that frequency by the Rules.

4\. Section 76.1804 of the Rules requires that a MVPD 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. The Econo Lodge was using
the frequency of 133.2625 MHz, an aeronautical frequency, but had not
notified the Commission using FCC Form 321. (Procedures on notifying the
Commission are attached).

5\. Subsequent violations of the Act or the Rules may subject the
violator to severe penalties, including, but not limited to, substantial
monetary fines and criminal sanctions including imprisonment.[^4]

6.  Section 503(b)(5) of the Act provides that the Econo Lodge may
    request a personal interview at the closest FCC location,[^5]
    namely:

> Federal Communications Commission
>
> Buffalo Office
>
> 6400 Sheridan Drive
>
> Suite 140
>
> Williamsville, New York 14221

which you can contact by telephone at (716) 626-2454. You must schedule
this interview to take place within 14 days of the date of this
Citation. The Econo Lodge may submit a written statement to the same
address within 14 days of the date of this Citation. Any written
statement should specify what actions have been taken to correct the
violation outlined above. Please reference case number EB-06-BF -101
when corresponding with the Commission.

7\. 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 to determine what, if any, enforcement action is
required to ensure your compliance with the Rules. This will include any
information that you disclose in your reply.

> FEDERAL COMMUNICATIONS COMMISSION

David A. Viglione

Resident Agent

Buffalo Office

Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 503(b)(5).

[^2]: 47 C.F.R. §§ 76.605(a)(12), 76.1804.

[^3]: 47 C.F.R. § 76.605(a)(12).

[^4]: *See* 47 U.S.C. §§ 401, 501, 503.

[^5]: 47 U.S.C. § 503(b)(5).