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   September 25, 2009

   (Name withheld)

   (Address withheld)

   North Myrtle Beach, South Carolina 29582 

   Re: EB-09-GB-0252

   Dear Mr. and Mrs. (Name withheld):

   The Federal Communications Commission has received a complaint that a
   device in your residence is causing harmful radio interference to an
   operator in the Amateur Radio Service. The complainant is:

   (Name withheld)

   (Name withheld)

   (Address withheld)[Author ID1: at Thu Sep 24 15:10:00 2009 ]

   North Myrtle Beach, South Carolina 29582

   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 equipment is
   classified as an "unintentional radiator." These devices generate radio
   frequency energy but do not intentionally radiate it. Examples include
   computers, radio receivers and television sets. Other types of consumer
   devices are classified as "incidental radiators." This type of equipment
   does not intentionally generate any radio-frequency energy, but that may
   create such energy as an incidental part of its intended operation. Common
   examples are aquarium heaters, certain portable telephones, alarm control
   panels, fluorescent light ballasts, doorbell control circuits and so
   forth. Some of those devices 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.

   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 FCC
   intervention; but if necessary to facilitate resolution, the Commission
   may investigate possible rules violations and address appropriate

   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 can be resolved within 60 days of the time they
   are first reported. Please feel free to call me at 717-338-2577 or 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: Atlanta Field Office

   South Central Regional Director