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                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                        )
                              )    File No.: EB-05-PA-144
Cesar Manguba                 )
                              )    Citation No.: 
C20063240001
Philadelphia, Pennsylvania              )


                          CITATION

                                   Released: January 12, 
2006


By the District Director, Philadelphia Office, Northeast 
Region, Enforcement Bureau:

   1.     This is an Official Citation issued pursuant to 
     Section 503(b)(5) of the Communications Act of 1934, as 
     amended (``Act''),1 to Cesar Manguba for violation of 
     Section 15.5 of the Commission's rules (``Rules'').2

   2.     The FCC's Philadelphia Office received a complaint 
     from Cingular Wireless regarding emissions on the 
     frequency 827.7 MHz that were preventing their 
     customers from accessing the Cingular Wireless cellular 
     telephone system in Philadelphia, PA.  An investigation 
     conducted by the Philadelphia Office on October 19, 
     2005 revealed that the emissions on the frequency 827.7 
     MHz were emanating from a motion detection light 
     fixture in Cesar Manguba's residence.  The motion 
     detection light fixture is considered an incidental 
     radiator and subject to the conditions of Section 15.5 
     of the Rules.3  

   3.     Section 15.5(b) of the Rules states that 
     ``[o]peration of an intentional, unintentional or 
     incidental radiator is subject to the condition 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.''  Section 15.5(c) of the Rules states that 
     ``the operator of a 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.''  Cesar 
     Manguba's operation of the light fixture is causing 
     harmful interference to the Cingular Wireless telephone 
     system in violation of Section 15.5 of the Rules.  





   4.     Subsequent violations of the Communications Act 
     and/or the Commission's Rules may subject the violator 
     to substantial monetary forfeitures not to exceed 
     $11,000 for each such violation or each day of a 
     continuing violation,4 seizure of equipment through in 
     rem forfeiture action, and criminal sanctions including 
     imprisonment.5 

   5.     Pursuant to Sections 4(i), 4(j), 308(b) and 403 of 
     the Act, Cesar Manguba is directed to provide a 
     complete description of the actions taken to prevent 
     the harmful interference caused to the Cingular 
     Wireless cellular telephone system within twenty (20) 
     days from the date of this Citation. 

   6.     Cesar Manguba may request an interview at the 
     closest FCC Office, which is Federal Communications 
     Commission, One Oxford Valley Building, Suite 404, 2300 
     East Lincoln Highway, Langhorne, Pennsylvania 19047.6  
     Cesar Manguba may contact this office by telephone, 
     (215) 741-3016, to schedule this interview, which must 
     take place within 14 days of this Citation.   Cesar 
     Manguba may also submit a written statement to the 
     above address within 14 days of the date of this 
     Citation.  Any written statements should specify what 
     actions have been taken to correct the violation 
     outlined above.  Please reference file number EB-05-PA-
     144 when corresponding with the Commission.

   7.     The Privacy Act of 19747 requires that we advise 
     you that the Commission will use all relevant material 
     information before it, including any information 
     disclosed in your reply, to determine what, if any, 
     enforcement action is required to ensure compliance.  
     Any false statement made knowingly and willfully in 
     reply to this Citation is punishable by fine or 
     imprisonment under Title 18 of the U.S. Code.8  

   8.     IT IS ORDERED that copies of this Citation shall 
     be sent by First Class U.S. Mail and Certified Mail, 
     Return Receipt Requested to Cesar Manguba at his record 
     of address.


                         FEDERAL COMMUNICATIONS COMMISSION



                         John E. Rahtes
                         District Director
                         Philadelphia Office
                         Northeast Region
                         Enforcement Bureau
_________________________

147 U.S.C.  503(b)(5).

247 C.F.R.  15.5. 

3An incidental radiator is a device that generates radio 
frequency energy during the course of its operation even 
though the device is not intentionally designed to generate 
or emit radio frequency energy. 
4See 47 U.S.C.  503(b)(2)(C); 47 C.F.R.  1.80(b)(3)

5See 47 U.S.C.  401, 501, 503, 510

647 U.S.C.  503(b)(5).

7P.L. 93-579, 5 U.S.C.  552a(e)(3)

818 U.S.C.  1001 et seq.