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VIA CERTIFIED MAIL-RETURN RECEIPT REQUESTED
August 17, 2009
Mr. Steven E. Moore, Chairman
President & CEO
Oklahoma Gas & Electric Company
(address withheld)
Oklahoma City, OK 73101-0321
Re: EB-09-GB-0011
Dear Mr. Moore:
On February 18, 2009, the Federal Communications Commission notified
Oklahoma Gas & Electric Company (OG&E) 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)
Bethany, OK 73008
Tel: (number withheld)
The February 18, 2009 letter advised OG&E that the interference, if
unresolved, could be a violation of Commission rules. For this reason, we
encouraged OG&E 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 July 1, 2009, the Commission
sent a second letter noting that OG&E had failed to respond to the
February 18, 2009, letter. On July 7, 2009, OG&E responded to the letter.
In its response, OG& E indicated that it had investigated (name
withheld)'s complaint in April. According to OG&E, the ticket was closed
after the line crew spoke to (name withheld) and he indicated that things
were fine at that time and that no further complaints had been received by
(name withheld).
According to (name withheld), however, OG&E had not made any contact with
(name withheld) nor has he ever indicated that the problem had been
corrected. Indeed, (name withheld) reports that the interference has been
continuous. In order to ensure that OG&E had an updated record of his
complaint, on July 17, 2009, (name withheld) again refilled his
interference complaint with the utility. At that time, (name withheld)
spoke with a customer service representative who indicated that someone
from OG&E would come out to his residence that day to attempt to identify
and resolve the source of the interference. To date, no one from OG&E has
been out to (name withheld)'s residence. Moreover, (name withheld) reports
that there has been no reduction in the radio frequency interference.
Quite often in preparing a response to these letters, a utility will
indicate that they have spent countless hours locating and correcting
"noise" in and around the residence of the amateur. Unfortunately, those
sources of "noise" are not the noise that is causing interference to the
amateur. It is not the Commission's intent that the utility should correct
all sources of "noise" in and around the amateur's residence; rather, it
is our intent that you locate and eliminate the specific noise causing
radio frequency interference to (name withheld). In order to correctly
identify and then eliminate the source of (name withheld)'s specific radio
interference, staff from OG&E will need to visit (name withheld)'s
residence and listen to the noise on his amateur equipment. Once your
staff has heard (name withheld)'s specific "noise," they will be better
equipped to locate and correct the specific source of his radio
interference.
In order to avoid enforcement action on this matter, you have thirty (30)
days from the date of receipt of this warning to respond to this office at
the following address: 1270 Fairfield Road, Gettysburg, PA 17325. The
response must contain a statement of when you visited (name withheld)'s
residence and after that visit, 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.