*Pages 1--2 from Microsoft Word - 50792.doc* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Motel 6 File No.: EB- 05- DL- 095 2550 N Central Expressway Plano, TX Citation No.: C20053250007 CITATION Released: July 25, 2005 By the District Director, Dallas Office, South Central 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 Motel 6 for violation of Section 76.605( a)( 12) of the Commission’s Rules (“ Rules”). 2 2. On June 16, 2005, an agent from the Commission’s Dallas Office of the Enforcement Bureau inspected a non- cable multichannel video programming distributor (“ MVPD”) system located at the Motel 6, 2550 N Central Expressway, Plano, Texas for signal leakage. 3. Section 76.620 of the Rules states, among other things, that Section 76.605( a)( 12) of the Rules applies to all non- cable MVPDs. 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.” 4 An emission exceeding the field strength allowed by the Rules for the frequency of 121.2625 MHz was detected and measured at 201 microvolts, at three meters from the MVPD equipment room located at the Motel 6. 4. 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. 5 5. Section 503( b)( 5) of the Act provides that the Motel 6 may request a personal interview at the closest FCC location, 6 namely: 1 47 U. S. C. § 503( b)( 5). 2 47 C. F. R. § 76. 605( a)( 12). 3 47 C. F. R. § 76. 620. 4 47 C. F. R. § 76. 605( a)( 12). 5 See 47 U. S. C. §§ 401, 501, 503. 6 47 U. S. C. § 503( b)( 5). 1 Federal Communications Commission Dallas Office 9330 LBJ Freeway Suite 1170 Dallas, Texas 75013 which you can contact by telephone at (XXX) XXX- XXXX. You must schedule this interview to take place within 14 days of the date of this Citation. Motel 6 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- 05- DL- 095 when corresponding with the Commission. 6. 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 James D. Wells District Director Dallas District Office South Central Region Enforcement Bureau 2