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VIA CERTIFIED MAIL-RETURN RECEIPT REQUESTED
February 28, 2011
Ms. Shirley Fujimoto, Esq.
McDermott Will & Emery
600 Thirteenth Street, NW
Washington, DC 20005-3096
Re: EB-09-GB-0015
Dear Ms. Fujimoto:
On February 18, 2009, the Federal Communications Commission notified Xcel
Energy Inc. that it had received complaints from Mr.(name withheld) that
equipment operated by your client might be causing harmful radio
interference to his amateur radio equipment. Mr. (name withheld) contact
information is as follows:
(Name withheld)
(Address withheld)
(Address withheld)
Tel: (Number withheld)
The February 18, 2009, letter advised Xcel Energy that the interference,
if unresolved, could be a violation of Commission rules. For this reason,
we encouraged Xcel 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 September 2,
2009, you reported on behalf of your client that eight (8) structures and
been identified as the source(s) of the interference and that those
structures had been repaired. For a time, those repairs were successful in
alleviating the interference to Mr. (name withheld) amateur radio
equipment. Mr. (name withheld) reports, however, that the interference has
returned and it is now greater than ever.
Given that your client made significant repairs in an attempt to alleviate
the interference, the Commission will allow your client sixty (60) days
from the date of this letter to identify the source(s) of this new
interference. If your client is unable to locate and resolve this
interference by May 6, 2011, please advise this office about the nature of
the problem, the steps your client is taking to resolve it and the
estimated time in which those steps can be accomplished. Please send your
response to this office at the following address: 1270 Fairfield Road,
Gettysburg, PA 17325. Your response must also include a carbon copy to Mr.
(name withheld) so that he can confirm any statement that you make
regarding resolution of the 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: Denver Field Office
Western Regional Director
Fines normally range from $7,500 to $10,000.