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

In the Matter of                        )
                              )    File No.: EB-05-DV-499
Nathan Dauchy                      )
                              )    Citation No.: 
Boulder, Colorado                  )


                                  Released: January 18, 2006

By the District Director, Denver District Office, Western 
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 Mr. Nathan Dauchy for violation 
     of Section 15.5(b) of the Commission's Rules 

   2.     On October 31, 2005, the Enforcement Bureau's 
     Denver Office received a complaint that a signal was 
     interfering with Boulder Community Hospital's 
     operations on frequency 461.400 MHz.  On November 3, 
     2005, agents from the Denver Office investigated the 
     complaint and located the interfering signal emanating 
     from a condominium occupied by Mr. Dauchy.  Further 
     investigation revealed that the source of the 
     interfering signal was a Motorola Two-Pocket Desktop 
     charger, a Part 15 device,3  used for Motorola 
     Talkabout T5950 Series Two-Way Radios located in Mr. 
     Dauchy's residence.

   3.     Section 15.5(b) of the Rules states ``[o]peration 
     of an intentional, unintentional, or incidental 
     radiator is subject to the conditions that no harmful 
     interference is caused...''4

   4.     Violations of the Act or the Commission's Rules 
     may subject the violator to substantial monetary 
     forfeitures,5 seizure of equipment through in rem 
     forfeiture action, and criminal sanctions, including 

   5.     Mr. Dauchy may request an interview at the closest 
     FCC Office, which is Federal Communications Commission, 
     215 South Wadsworth Boulevard, Suite 303, Lakewood, 
     Colorado, 80226.7  You may contact this office by 
     telephone, (303) 231-5212, to schedule this interview, 
     which must take place within 14 days of this Citation.   
     Mr. Dauchy 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-DV-
     499 when corresponding with the Commission.

   6.     Any statement or information provided by you may 
     be used by the Commission to determine if further 
     enforcement action is required.8  Any knowingly or 
     willfully false statement made in reply to this 
     Citation is punishable by fine or imprisonment.9

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


                         Nikki P. Shears
                         District Director, Denver District 
                         Western Region
                         Enforcement Bureau

1 47 U.S.C.  503(b)(5).
2 47 C.F.R.  15.5(b).
3 47 C.F.R.  15.1 et seq.
4 47 C.F.R.  15.5(b).
5 47 C.F.R.  1.80(b)(3).
6 47 U.S.C.  401, 501, 503, 510.
7 47 U.S.C.  503(b)(5).
8 See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
9 See 18 U.S.C.  1001 et seq.