§ 76.1804   Aeronautical frequencies: leakage monitoring (CLI).

   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 new frequency or frequencies
   in the aeronautical radio frequency bands (108-137 and 225-400 MHz). The
   notification shall be made on FCC Form 321. Such notification shall include:

   (a) Legal name and local address of the MVPD;

   (b) The names and FCC identifiers (e.g., CA0001) of the system communities
   affected,  for  a cable system, and the name and FCC identifier (e.g.,
   CAB901), for other MVPDs;

   (c)  The names and telephone numbers of local system officials who are
   responsible for compliance with § § 76.610 through 76.616 and § 76.1803;

   (d) Carrier frequency, tolerance, and type of modulation of all carriers in
   the aeronautical bands at any location in the cable distribution system and
   the maximum of those average powers measured over a 2.5 kHz bandwidth as
   described in the introductory paragraph to this rule section;

   (e) The geographical coordinates (in NAD83) of a point near the center of
   the system, together with the distance (in kilometers) from the designated
   point to the most remote point of the plant, existing or planned, that
   defines a circle enclosing the entire plant;

   (f) Certification that the monitoring procedure used is in compliance with
   § 76.614 or description of the routine monitoring procedure to be used; and

   (g)  For MVPDs subject to § 76.611, the cumulative signal leakage index
   derived under § 76.611(a)(1) or the results of airspace measurements derived
   under  § 76.611(a)(2),  including  a description of the method by which
   compliance with the basic signal leakage criteria is achieved and the method
   of calibrating the measurement equipment.

   (h) Aeronautical Frequency Notifications, FCC Form 321, shall be personally
   signed either electronically or manually by the operator; by one of the
   partners, if the operator is a partnership; by an officer, if the operator
   is a corporation; by a member who is an officer, if the operator is an
   unincorporated  association; or by any duly authorized employee of the
   operator.

   (i) Aeronautical Frequency Notifications, FCC Form 321, may be signed by the
   operator's attorney in case of the operator's physical disability or of his
   absence from the United States. The attorney shall in that event separately
   set forth the reasons why the FCC Form 321 was not signed by the operator.
   In addition, if any matter is stated on the basis of the attorney's belief
   only (rather than the attorney's knowledge), the attorney shall separately
   set forth the reasons for believing that such statements are true.

   (j) The FCC Registration Number (FRN).

   [ 68 FR 27003 , May 19, 2003]

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