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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

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

   BQE Auto Body Shop Corp. )

   ) Citation No.: C200932380003

   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 BQE Auto Body
       Shop Corp. ("BQE Auto Body Shop") 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 BQE Auto Body Shop. The manager of the auto body shop
       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
       the manager of BQE Auto Body Shop that he must cease operating the
       camera because it was continuing to cause interference to the licensed
       wireless telecommunications network. The agent again warned the
       manager 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 cameras.

    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. BQE Auto Body Shop 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. BQE Auto Body Shop 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

    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 BQE
       Auto Body Shop at its 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