§  76.1804   Aeronautical frequencies: leakage monitoring (CLI).

   An MVPD shall notify the Commission before transmitting any digital
   signal with average power exceeding 10-5 watts across a 30 kHz
   bandwidth in a 2.5 millisecond time period, or for other signal types,
   any carrier of 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 MHz, 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, as amended at  83 FR 7631 , Feb. 22, 2018]