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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-09-NY-0204

   Albert Lucero )

   ) Citation No.: C200932380002

   Astoria, New York )


                                                       Released: July 7, 2009

   By the District Director, New York Office, Northeast 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 Albert Lucero
       for violation of Section 15.5(b) of the Commission's Rules ("Rules").

    2. On June 2, 2009, the FCC's New York Office received a complaint from a
       licensed communications service concerning interference to its
       wireless telecommunications network on 900 MHz SMR band in Astoria,
       New York. On June 3, 2009, an agent from the New York Office
       investigated the allegation and located the interfering signal
       emanating from the BQE Auto Body shop at 2419 45th Street, Astoria,
       New York, 11103. Further investigation revealed that the source of the
       interfering signal was a surveillance camera system, a Part 15 device,
       located in the BQE Auto Body shop. The manager of the auto body shop,
       Albert Lucero, reported to the agent that he purchased the
       surveillance camera system in order to monitor workers at the shop.

    3. Section 15.5(b) of the Rules  states that "[o]peration of an
       intentional, unintentional, or incidental radiator is subject to the
       conditions that no harmful interference is caused . . . ." Section
       15.5(c) provides 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." During the inspection on June 3, 2009, the agent warned
       Mr. Lucero that he must cease operating the camera because it was
       continuing to cause interference to the licensed wireless
       telecommunications network. The agent again warned Mr. Lucero during a
       follow-up inspection on June 11, 2009 and during a telephone c(XXX)
       XXXX-XXXXJune 17, 2009, that he must cease operating the surveillance

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

    5. Mr. Lucero may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 201 Varick Street, Suite 1151,
       New York, New York, 10014. You may contact this office by telephone,
       (212) 337-1865, to schedule this interview, which must take place
       within 14 days of this Citation. Mr. Lucero 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-09-NY-0204 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. Any
       knowingly or willfully false statement made in reply to this Citation
       is punishable by fine or imprisonment.

    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.
       Albert Lucero at his address of record.


   Daniel W. Noel

   District Director, New York Office

   Northeast Region

   Enforcement Bureau

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

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

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

   47 C.F.R. S: 15.5(c).

   47 C.F.R.S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

   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