Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-09-NY-0233

   Marcos A. Santos )

   ) Citation No.: C200932380006

   Bronx, New York )

                                    CITATION

                                                     Released: August 6, 2009

   By the District Director, New York 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"), to Marcos A.
       Santos for violation of Section 15.5(b) of the Commission's Rules
       ("Rules").

    2. On July 28, 2009, the FCC's New York Office received a complaint from
       an FCC licensee concerning interference to its wireless
       telecommunications network in the 900 MHz SMR uplink band in Bronx,
       New York. On August 4, 2009, an agent from the New York Office
       investigated the allegation and located the interfering signal
       emanating from a residential house located in Bronx, New York. Further
       investigation revealed that the source of the interfering signal was
       an Astak surveillance camera system (model CM-918T2), a Part 15
       device, located on the front of the house.

    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 August 4, 2009, the agent
       warned the tenant at that location that they must cease operating the
       camera because it was causing interference to a licensed wireless
       telecommunications network.

    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
       imprisonment.

    5. Marcos A. Santos 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, (XXX) XXXX-XXXX to schedule this interview, which must take
       place within 14 days of this Citation. Marcos A. Santos 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-0233 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 Marcos
       A. Santos at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   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).

   Id..

   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

   2

                       Federal Communications Commission