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.

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



                    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