Federal Communications Commission DA 11-550 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Jerry Fuller dba Custom Cable
Russellville, AL
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File No.:  EB-11-AT-0013
Citation No.:  C201132480001
CITATION
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted:  March 24, 2011 Released:  March 25, 2011
By the District Director, Atlanta Field 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”),1 to Jerry Fuller dba Custom Cable (“Custom Cable”) 
for exceeding signal leakage limits in aeronautical frequency bands in violation of section 76.605(a)(12) 
of the Commission’s Rules (“Rules”).2
2. Custom Cable should take immediate steps to come into compliance and to avoid any 
recurrence of this misconduct.  As explained below and as provided in the Act, future violations of the 
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 Atlanta Office (“Atlanta Office”) revealed 
that on February 15, 2011, Custom Cable utilized a non-cable, multichannel video programming 
distributor (“MVPD”) system located at 324 Cardinal Drive, Decatur, Alabama, which was emitting radio 
carrier signals above allowed limits on frequency bands utilized by aeronautical services.  At the time of 
the inspections, agents from the Atlanta Office measured signal leakage on the frequency of 121.2625 
MHz at the following locations in the 324 Cardinal Drive, Decatur, Alabama apartment complex:
1. Building 308, SE corner 200 microvolts per meter (“µV/m”)
2. Apartments 97-104, SE corner 320 µV/m
  
1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. § 76.605(a)(12).
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3. Building 320, SE corner 250 µV/m
III. APPLICABLE LAW AND VIOLATIONS
4. The Commission’s rules provide that MVPDs, both cable and non-cable, which 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.3 Custom Cable is required to comply with this Rule because the MVPD system at an 
apartment complex in Decatur, Alabama, 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 § 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.”4
5. On February 15, 2011, an investigation by the Atlanta Office revealed that Custom Cable, 
in Decatur, Alabama, utilized a non-cable, MVPD system which was emitting radio carrier signals above 
allowed limits on frequency bands utilized by aeronautical services.  Specifically, on February 15, 2011, 
the agents from the Atlanta Office conducted field strength measurements in the 324 Cardinal Drive 
apartment complex at three locations: (1) building 308; (2) apartment 97-104; and (3) building 320.  The 
emissions on the frequency 121.2625 MHz were measured at a distance of more than three meters at 200, 
320, and 250 microvolts per meter, respectively.  The signal leakage emitted from the MVPD system 
utilized by Custom Cable violated section 76.605(a)(12) of the Rules. 5
IV. REQUEST FOR INFORMATION
6. Pursuant to sections 4(i), 4(j), and 403 of the Act,6 Custom Cable 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, Custom Cable 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 
  
3 47 C.F.R. § 76.610.
4 47 C.F.R. § 76.605(a)(12).
5 47 C.F.R. § 76.605(a)(12).
6 47 U.S.C. §§ 154(i), 154(j), 403.
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to $112,500 for any single act or failure to act.7 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
8. Custom Cable 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 Custom Cable to 
ensure that it does not violate the Commission’s Rules governing signal leakage limits in the future. All 
responses should be addessed to Federal Communications Commission, 3575 Koger Blvd., Suite 320, 
Duluth, GA 30096. Please reference file number EB-11-AT-0013 when corresponding with the 
Commission.
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.9 Any knowingly or 
willfully false statement, or concealment of any material fact, made in reply to this Citation is punishable 
by fine or imprisonment.10  Please also note that section 1.17 of the Rules requires that you provide 
truthful and accurate statements to the Commission.11
VI. CONTACT INFORMATION
10. The closest FCC Office is the Atlanta Field Office in Duluth, GA.  You may contact this 
office by telephone, (770)935-3370, to schedule a personal interview, which must take place within 
twenty (20) days after the release date of this Citation.
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).  
  
7 See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3).  This amount is subject to further adjustment for inflation 
(see id. § 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.
 
8 See 47 U.S.C. § 510.
9 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
10 See 18 U.S.C. § 1001 et seq.
11 47 C.F.R. § 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.”) 
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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 Jerry Russell dba Custom Cable at his address of 
record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas Miller
District Director
Atlanta Office
South Central Region
Enforcement Bureau