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VIA CERTIFIED MAIL-RETURN RECEIPT REQUESTED
August 17, 2009
Mr. Bill Moore, CEO
Westar Energy
(address withheld)
Topeka, KS 66612
Re: Warning Notice
EB-09-GB-0137
Dear Mr. Moore:
On May 22, 2009, the Federal Communications Commission notified Westar
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)
Wichita, KS 67207-2444
Tel: (number withheld)
The May 22, 2009 letter advised Westar Energy that the interference, if
unresolved, could be a violation of Commission rules. For this reason, we
encouraged Westar 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. Commission records
indicate that we did not receive a response from Westar Energy to the May
22, 2009 letter. Likewise, (name withheld) reports that he has not been
contacted by Westar Energy nor has been any 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 Westar Energy 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: Kansas City Field Office
South Central Regional Director
Fines normally range from $7,500 to $10,000.