Click here for Adobe Acrobat 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.
*****************************************************************
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 27, 2009
Ms. Jody Noble, Esq.
Duquesne Light Company
Law Department
411 Seventh Avenue
Pittsburgh, PA 15219
Re: EB-09-GB-0230
Ms. Noble:
The Federal Communications Commission contacted your company by letter
dated March 17, 2005, indicating that it had received complaints of
harmful radio interference possibly caused by power line equipment
maintained by your company. The interference was reported by:
(name withheld)
(address withheld)
Allison Park, PA 15101
On April 26, 2005, you responded to the Commission detailing Duquesne
Light Company's (DLC) efforts to resolve the matter and indicated that the
most recent complaint was the result of changed conditions, not the
continuation of an old problem. Further, in a letter dated June 2, 2005,
you again communicated with the Commission explaining the efforts you had
taken to repair three (3) lightning arrestors. During the latter half of
2005 and into 2006, the licensee continued to experience interference and
continued to report these instances to DLC requesting that DLC correct the
problems. In 2007, the licensee located a specific pole (#314184) as one
source of noise and advised a Mr. Luther of DLC of this fact. Mr. Luther
advised the licensee that he would submit a work order.
On March 17, 2008, DLC contacted (name withheld), indicated that it had
swept the area where pole #314184 was located and discovered no noise.
Rather, DLC indicated that the noise source was a neon light. Finally, DLC
stated that it had spent significant amounts of time and money attempting
to address (name withheld's) concerns and that DLC would require (name
withheld) to pay for any additional efforts to locate and correct
instances of noise. A copy of this letter is included for your
convenience.
Such a response is not acceptable. To help you better understand your
responsibilities under Commission rules, here are the most important rules
relating to radio and television interference from incidental radiators:
47 CFR S: 15.5: General conditions of operation.
(b) Operation of an intentional, unintentional, or incidental radiator is
subject to the conditions that no harmful interference is caused and that
interference must be accepted that may be caused by the operation of an
authorized radio station, by another intentional or unintentional
radiator, by industrial, scientific and medical (ISM) equipment, or by an
incidental radiator.
(c) The operator of the radio frequency device shall be required to cease
operating the device upon notification by a Commission representative that
the device is causing harmful interference. Operation shall not resume
until the condition causing the harmful interference has been corrected.
47 CFR S: 15.13: Incidental radiators.
Manufacturers of these devices shall employ good engineering practices to
minimize the risk of harmful interference.
47 CFR S: 15.15: General technical requirements.
(c) Parties responsible for equipment compliance should note that the
limits specified in this part will not prevent harmful interference under
all circumstances. Since the operators of Part 15 devices are required to
cease operation should harmful interference occur to authorized users of
the radio frequency spectrum, the parties responsible for equipment
compliance are encouraged to employ the minimum field strength necessary
for communications, to provide greater attenuation of unwanted emissions
than required by these regulations, and to advise the user as to how to
resolve harmful interference problems.
Given the fact this case has been ongoing for quite some time without
resolution and DLC has had ample time to locate the instances of
interference and make the necessary repairs, you are directed to respond
to the undersigned within 60 days of receipt of this letter detailing what
steps you have taken to resolve the remaining instances of interference
that are reported as being caused by your equipment. Your response should
be sent to: 1270 Fairfield Road, Gettysburg, PA 17325 and reference the
listed case number.
Should the remaining interference problems not be resolved within those 60
days, DLC will be required to provide the undersigned with a status update
every two (2) weeks going forward as to what progress, if any, has been
made to resolve the matter.
If you have any questions about this matter, please contact me at
717-338-2577.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Philadelphia Field Office
Northeast Regional Director
A copy of that letter is enclosed for your convenience.