Federal Communications Commission
Before the 
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-DV-0113
Luxury Inn )
) Citation No.: C201032800001
Santa Fe, New Mexico, 87507 )
CITATION
Released:  January 8, 2010
By the District Director, Denver District Office, Western 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 Luxury Inn for violation of Sections 
76.605(a)(12) and 76.1804 of the Commission's Rules ("Rules").2
2. Investigation by the Enforcement Bureau's Denver Office revealed that on 
November 30, 2009, Luxury Inn utilized a non-cable, multichannel video programming distributor 
("MVPD") system located at 3752 Cerrillos Road, Santa Fe, New Mexico, which was emitting 
radio carrier signals above allowed limits on frequency bands utilized by aeronautical services.
3. 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.  Attached are excerpts of many of the relevant rules applicable to such MVPD 
systems.  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, Sections 76.605(a)(12) and 76.1804.3 Luxury Inn is required to 
comply with these rules because its MVPD system at its motel property in Santa Fe, New Mexico, 
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.
4. 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 
  
1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. §§ 76.605(a)(12), 76.1804.
3 47 C.F.R. § 76.610; see attached "Excerpts from 47 C.F.R. Part 76 related to Multichannel Video 
Programming Distributors."
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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 At the time of the inspection, the Denver agent conducted field strength measurements 
near the Luxury Inn motel property but over three meters from the source, on the frequency 
121.2625 MHz and measured an emission of 906 microvolts, which exceeds the field strength 
allowed on that frequency by the Rules.
5. 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."5 Luxury 
Inn's motel property in Santa Fe, New Mexico, was using the frequency of 121.2625 MHz, an 
aeronautical frequency, but had not notified the Commission using FCC Form 321.   
6. Violations of the Act or the Commission's Rules may subject the violator to 
substantial monetary forfeitures,6 seizure of equipment through in rem forfeiture action, and 
criminal sanctions, including imprisonment.7
7. Luxury Inn may request an interview at the closest FCC Office, which is Federal 
Communications Commission, 215 S. Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226.8  
Luxury Inn may contact this office by telephone, (XXX) XXXX-XXXX to schedule this interview, 
which must take place within 14 days of this Citation.  Luxury Inn may also submit a written 
statement to the above address within 14 days of the date of this Citation.  Any written statements 
should specify what actions have been taken to correct the violation outlined above.  Please 
reference file number EB-09-DV-0113 when corresponding with the Commission.
8. 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 
made in reply to this Citation is punishable by fine or imprisonment.10
  
4 47 C.F.R. § 76.605(a)(12).
5 47 C.F.R. § 76.1804.
6 47 C.F.R. § 1.80(b)(3).
7 47 U.S.C. §§ 401, 501, 503, 510.
8 47 U.S.C. § 503(b)(5).
9 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
10 See 18 U.S.C. § 1001 et seq.
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9. IT IS ORDERED that copies of this Citation shall be sent by First Class U.S. 
Mail and Certified Mail, Return Receipt Requested, to Luxury Inn, at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
Attachment