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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of        )                                
                                  File No.: EB-06-PO-057      
     Donald Merwin           )                                
                                  Citation No.: C20063292002  
     Vancouver, Washington   )                                


                                                       Released: May 18, 2006

   By the Resident Agent, Portland Office, Western Region, Enforcement

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

    2. Investigation by the FCC's Portland Office revealed that on May 9,
       2006, a Part 15 device at the residence of Mr. Merwin in Vancouver,
       Washington was causing interference to amateur radio frequency 444.875

    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. On May 8, 2006, the FCC's Portland Office received a complaint of
       interference to amateur radio frequency 444.875 MHz. On May 9, 2006,
       an agent from the Portland Office investigated the allegation and
       located the interfering signal emanating from a motor home owned by
       Mr. Merwin. Further investigation revealed that the source of the
       interfering signal was a Winegard amplified television antenna,
       installed on the roof of the referenced motor home.

    5. These Winegard antenna amplifiers have been the source of radio
       frequency interference in a number of cases. As a result of this
       interference, Winegard has agreed to replace the defective units at no
       charge (see Winegard Internet site [1] ). Mr. Merwin
       will need to contact Winegard at (319) 754-0600 or 800-856-4350 in
       Burlington, Iowa to make arrangements for them to replace the
       defective unit. Due to the continuing radio communications
       interference caused by the Winegard amplified television antennas, we
       request that Mr. Merwin return the defective Winegard antenna to the
       FCC at the address indicated below for testing after it is replaced.

    6. Mr. Merwin may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 11410 NE 122^nd Way, Suite 312,
       Kirkland, Washington 98034. You may contact this office by telephone,
       (360) 696-6707, to schedule this interview, which must take place
       within 14 days of this Citation. Mr. Merwin 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 violations outlined above. Please reference file
       number EB-06-PO-057 when corresponding with the Commission.

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

    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 Mr.
       Donald Merwin at his address of record.


   Binh Nguyen

   Resident Agent, Portland Office

   Western Region

   Enforcement Bureau

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

   47 C.F.R. SS 15.5(b).

   47 C.F.R. S 15.1 et seq.

   47 C.F.R. S 15.5(b).

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

   See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).

   See 18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission


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