Continuing a recent trend in signal leakage enforcement action, the FCC Enforcement Bureau’s Miami Office recently cited the Parkway Inn Motel in Miami Springs, FL for failing to notify the FCC of the operation of its non-cable MVPD system in the aeronautical band and also for exceeding the FCC’s signal leakage limits.

Under the FCC’s signal leakage rules, cable and non-cable MVPDs operating within frequency bands 108-137 MHz and 225-400 MHz must comply with specific reporting and technical requirements.  In this case, on May 8, 2013, an agent from the FCC’s Miami Office found that the Parkway Inn Motel MVPD system was using aeronautical frequencies, but had not filed FCC Form 321 (Aeronautical Frequency Notification) to notify the FCC of its operation in the aeronautical band.  The agent further found that the Parkway Inn Motel MVPD system was emitting a radio carrier signal above allowed limits.

The agent then returned on May 9, 2013 and conducted field strength measurements at another external location in the center driveway of the Parkway Inn Motel and determined that the emitted signal leakage violated the FCC’s allowable limits. 

The citation requires the Parkway Inn Motel, within 30 days, to take describe the steps it has taken or plans to take to come into compliance with the cable signal leakage and notification rules, as well as a timeline for any pending corrective actions immediate steps to come into compliance and to provide to the FCC.  Failing to respond in writing, or an inadequate, incomplete, or misleading response, may subject Parkway Inn Motel to additional sanctions. 

While the FCC has focused on targeting non-cable MVPDs recently, cable operators should take appropriate steps to be prepared if the FCC shifts its enforcement focus to cable operators.  Failure to comply with the Form 321 filing requirements or failure to monitor for signal leakage and file Form 320 (Annual Signal Leakage Report) may subject MVPDs to fines up to $37,500 for each violation or day of a continuing violation.

If you have questions regarding the FCC’s signal leakage rules, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.