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CERTIFIED MAIL-RETURN RECEIPT REQUESTED
August 4, 2010
(Name withheld)
(Address withheld)
(Address withheld)
RE: EB-10-GB-0096
Dear Mr. (name withheld):
The Federal Communications Commission has received a complaint that a
device or devices apparently traced to a building at (address withheld)
may be causing harmful radio interference to operators 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, most types of electrical equipment
are classified as "incidental radiators." These devices do not
intentionally generate any radio-frequency energy but may create it as an
incidental part of its intended operation. Common examples include
fluorescent light ballasts and similar lighting devices, aquarium heaters,
doorbell control circuits and so forth. Please be advised that the
reported noise characteristics are consistent with a lighting device,
which may be the source of the interference.
Other types of electronic equipment are classified as "unintentional
radiators." These devices generate radio frequency energy but do not
intentionally radiate it. Examples include computers, radio receivers and
television sets. Some of those 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 15.13 Incidental radiators.
Manufacturers of these devices shall employ good engineering practices to
minimize the risk of harmful interference.
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)).
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 advise this office and (name withheld) to what steps you are taking
to correct this reported interference problem. The Commission expects that
most cases can be resolved within 30 days of the time they are first
reported. Please feel free to contact me in writing at: 1270 Fairfield
Road, Gettysburg, PA 17325 or via phone at 717-338-2577 if you have any
questions about this matter.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
cc: San Francisco Field Office
Western Regional Director