Click here for Adobe Acrobat version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                  VIA CERTIFIED MAIL-RETURN RECEIPT REQUESTED

   July 13, 2009

   Mr. Roger Duncan, CEO

   Austin Energy

   P.O Box 2267

   Austin, Texas 78783-2267

   Re: EB-09-GB-0001

   Dear Mr. Duncan:

   On March 16, 2009, the Federal Communications Commission notified Austin
   Energy that it had received complaints from (name withheld) that equipment
   operated by your utility might be causing harmful radio interference to
   his amateur radio equipment. (Name withheld's) contact information is as
   follows:

   (name withheld)

   (address withheld)

   Austin, TX 78757

   Tel: (number withheld)

   The March 16, 2009, letter advised Austin Energy that the interference, if
   unresolved, could be a violation of Commission rules. For this reason, we
   encouraged Austin Energy to voluntarily resolve the matter without
   Commission intervention. The letter specifically stated, however, that if
   it became necessary for the Commission to facilitate a resolution, the
   Commission might investigate possible rule violations and address
   appropriate remedies, including monetary forfeitures. On April 24, 2009,
   Austin Energy responded to the letter. In its response, Austin Energy
   indicated that it was taking (name withheld's) complaint seriously and
   would make a concerted effort to solve the issue. Austin Energy further
   noted that it hoped to have (name withheld's) interference problem
   resolved by the end of May. Austin Energy did not report back to the
   Commission as to the status of the interference matter at the end of May.
   Moreover, (name withheld) reports that there has been no reduction in the
   radio frequency interference.

   In order to avoid enforcement action on this matter, you have thirty (30)
   days from the date of receipt of this letter to respond to this office at
   the following address: 1270 Fairfield Road, Gettysburg, PA 17325. The
   response must contain a statement of the specific action(s)

   taken to identify and eliminate the source(s) of (name withheld's) radio
   interference. If you have any questions about this matter, please contact
   me at 717-338-2577.

   Sincerely,

   Laura L. Smith, Esq.

   Special Counsel

   Enforcement Bureau

   cc: Dallas Field Office

   South Central Regional Director

   Fines normally range from $7,500 to $10,000.