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   September 28, 2009

   Mr. Paul Bowen, President

   Jay C Food Stores

   (address withheld)

   Seymour, IN 47274

   Re: EB-09-GB-0251

   Dear Mr. Bowen:

   The Federal Communications Commission has received a complaint that a
   device traced to a Jay C Food Store may be causing harmful radio
   interference to an operator in the Amateur Radio Service. The complainant
   in this matter is:

   (Name withheld)

   (Address withheld)

   Bedford, IN 47421-4636

   Tel: (number withheld)

   The Commission has the responsibility to require that such problems be
   rectified within a reasonable time if the interference is caused by faulty
   consumer equipment. Under Commission rules, certain types of equipment are
   classified as "unintentional emitters." These devices generate radio
   frequency energy but do not intentionally radiate it. Examples include
   computers, radio receivers and television sets. Other types of devices are
   classified as "incidental emitters." These devices do not intentionally
   generate any radio-frequency energy, but that may create such energy as an
   incidental part of their intended operation. Common examples include
   aquarium heaters, certain portable telephones, alarm control panels,
   fluorescent light ballasts, doorbell control circuits and so forth. Some
   unintentional emitters are imported and do not comply with Commission
   certification standards, and thereby result in interference to other radio
   services. You may have one of those devices. If the device is an approved
   one, it should have a silver FCC label on the unit showing a certification
   number. Even an approved device, however, can only be operated legally if
   it is not causing harmful interference to a licensed radio service. The
   device can also be defective resulting in a shock or fire hazard.

   To help you better understand your responsibilities under Commission
   rules, here are the most important rules relating to radio and television
   interference from incidental radiators:

          Title 47, CFR Section 15.5 General conditions of operation.

   (b) Operation of an intentional, unintentional, or incidental radiator is
   subject to the conditions that no harmful interference is caused and that
   interference must be accepted that may be caused by the operation of an
   authorized radio station, by another intentional or unintentional
   radiator, by industrial, scientific and medical (ISM) equipment, or by an
   incidental radiator.

   (c) The operator of the radio frequency device shall be required to cease
   operating the device upon notification by a Commission representative that
   the device is causing harmful interference. Operation shall not resume
   until the condition causing the harmful interference has been corrected.

               Title 47, CFR Section 15.13 Incidental radiators.

   Manufacturers of these devices shall employ good engineering practices to
   minimize the risk of harmful interference.

          Title 47, CFR Section 15.15 General technical requirements.

   (c) Parties responsible for equipment compliance should note that the
   limits specified in this part will not prevent harmful interference under
   all circumstances. Since the operators of Part 15 devices are required to
   cease operation should harmful interference occur to authorized users of
   the radio frequency spectrum, the parties responsible for equipment
   compliance are encouraged to employ the minimum field strength necessary
   for communications, to provide greater attenuation of unwanted emissions
   than required by these regulations, and to advise the user as to how to
   resolve harmful interference problems (for example, see Sec. 15.105(b)).

   The complainant has attempted unsuccessfully to resolve this problem and
   as a result the matter has been referred to our office. The Commission
   prefers that those responsible for the proper operation of equipment
   assume their responsibilities fairly. This means that you should resolve
   the interference caused by the device and make necessary corrections
   within a reasonable time.

   In most cases such as this, interference sources such as this can easily
   be located by turning off the main circuit breaker to the building. After
   verifying with the complainant that the noise goes away, restore the main
   breaker to the on position. Next, turn off the individual circuit
   breakers, one at a time to identify the exact circuit. Once the circuit is
   known, it is usually an easy task to locate the offending device by
   unplugging or removing devices on that circuit, one at a time. In most
   cases, the problem can easily be cured with relatively inexpensive and
   easy to install filters.

   While the Commission has confidence that most people are able to resolve
   these issues voluntarily, the Commission wants to make you aware that this
   unresolved problem may be a violation of Commission rules and could result
   in a monetary forfeiture (fine) for each occurrence. At this stage, the
   Commission encourages the parties to resolve this problem without
   Commission intervention; but if necessary to facilitate resolution, the
   Commission may investigate possible rules violations and address
   appropriate remedies.

   Please advise this office and (name withheld) as to what steps you are
   taking to correct this reported interference problem. The Commission
   expects that most cases like this can be resolved within 60 days of the
   time they are first reported. Please feel free to call me at 717-338-2577
   or contact me in writing at: 1270 Fairfield Road, Gettysburg, PA 17325 if
   you have any questions about this matter.


   Laura L. Smith, Esq.

   Special Counsel

   Enforcement Bureau

   cc: Chicago Field Office

   Northeast Regional Director