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CERTIFIED MAIL-RETURN RECEIPT REQUESTED
September 12, 2011
(Name withheld)
(Address withheld)
(Address withheld)
Re: EB-11-GB-0049
Radio frequency interference
Dear (name withheld):
The Federal Communications Commission has received a complaint of harmful
radio interference that is apparently caused by a grow light ballast being
operated from your residence. This interference has been reported by a
licensed operator in the Amateur Radio Service. The complainant is:
(Name withheld)
(Address withheld)
(Address withheld)
The Commission has the responsibility to require that such problems be
rectified within a reasonable time if the interference is caused by faulty
consumer equipment. Under FCC rules, such equipment is classified as an
"intentional radiator." These devices intentionally generate
radio-frequency energy and but do intentionally radiate the energy as part
of their normal intended operation. Under RFF rules, however, such devices
must not cause harmful interference. If and when interference does occur,
the burden falls on the device operator to correct it, and if necessary,
cease operation of the device, whenever such interference occurs. Some
types of common consumer devices may also operate under Part 18 of the
Commission's rules. In either case, however, the rules with regard to
interference are the same.
Please also be advised that some of these devices are imported and do not
comply with Commission certification standards, and thereby result in
interference to other radio services. You may have one of those devices.
If the device is an approved one, it should have a silver FCC label on the
unit showing a certification number. Even an approved device, however, can
only be operated legally if it is not causing harmful interference to a
licensed radio service. The device can also be defective resulting in a
shock or fire hazard.
To help you better understand your responsibilities under FCC rules, here
are the most important rules relating to radio and television interference
from incidental radiators:
Title 47, CFR Section 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.
Title 47, CFR Section 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 (for example, see Sec. 15.105(b)).
Harmful interference to a licensed radio service from a Part 15 device is
a violation of FCC Rules. Specifically, the manufacturer is responsible
for device certification. The device owner however is responsible for
operating the device in such a manner that it does not cause interference.
Manufacturers will often bear some of this responsibility as a courtesy to
their customers. The manufacturer or retail seller of the device may be
willing to allow you to return the device and exchange it for one that
will not cause interference.
The complainant has attempted unsuccessfully to resolve this problem and
as a result the matter has been referred to our office. The Commission
prefers that those responsible for the proper operation of equipment
assume their responsibilities fairly. This means that you should resolve
the interference caused by the device and make necessary corrections
within a reasonable time.
While the Commission has confidence that most people are able to resolve
these issues voluntarily, the Commission wants to make you aware that this
unresolved problem may be a violation of FCC rules and could result in a
monetary forfeiture (fine) for each occurrence. At this stage, the
Commission encourages the parties to resolve this problem without
Commission intervention; but if necessary to facilitate resolution, the
Commission may investigate possible rules violations and address
appropriate remedies.
Please be advised that continued operation of the grow light ballast is
not legal under FCC rules if it is causing harmful interference. The
interference must be corrected before its operation may continue. You have
30 days from the date of this letter to resolve the interference to Mr.
(name withheld) amateur station and report back to this office. Please
direct your response to the following address: 1270 Fairfield Road,
Gettysburg, Pennsylvania 17325.
If you have any questions about this matter, please contact me at
717-338-2577. Thank you for your cooperation.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Enforcement Bureau
cc: San Diego Field Office
Western Regional Director