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VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
September 30, 2009
Miguel C. Danielson, Esq.
Danielson Legal
(address withheld)
Cambridge, Massachusetts 02138
Re: EB-09-GB-0192
Dear Mr. Danielson:
On June 22, 2009, the Federal Communications Commission notified (name
withheld) that it had received complaints from (name withheld) that
equipment operated by (name withheld)'s electric fence might be causing
harmful radio interference to his amateur radio equipment. The complainant
in this matter is:
(Name withheld)
(Address withheld)
Willow, New York 12495
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 Commission rules, certain types of equipment are
classified as "unintentional emitters." These devices generate radio
frequency energy but do not intentionally radiate it. Examples include
computers, radio receivers and television sets. Other types of devices are
classified as "incidental emitters." These devices do not intentionally
generate any radio-frequency energy, but that may create such energy as an
incidental part of their intended operation. Common examples include
aquarium heaters, certain portable telephones, alarm control panels,
fluorescent light ballasts, doorbell control circuits and so forth. Some
unintentional emitters are imported and do not comply with Commission
certification standards, and thereby result in interference to other radio
services. Woodstock's electric fence may be 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.
To help you better understand your client's responsibilities under
Commission 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 your client should
resolve the interference caused by the device and make necessary
corrections within a reasonable time. The June 22, 2009 letter
specifically stated, however, that if it became necessary for the
Commission to facilitate a resolution, the Commission might investigate
possible rule violations and address appropriate remedies, including
monetary forfeitures.
On July 21, 2009, you responded to the letter on behalf of your client,
(name withheld). In that response, you indicated that as a result of the
first letter sent by the Commission in August of 2006, (name withheld)
checked all of its connections and replaced some worn insulators. You did
not, however, provide any details of recent attempts to resolve (name
withheld)'s noise. Rather, you noted that (name withheld) has "installed
their equipment exactly to the manufacturer's specifications and certainly
to standards tremendously higher than the average farmer would ever bother
doing."
Such a response is not acceptable. As indicated above, even an approved
and properly installed device may only be operated legally if it is not
causing harmful interference to a licensed radio service. In this
instance, (name withheld) reports that as of August 24, 2009, the noise
remains and has not decreased at all. One possible solution would be for
(name withheld) to purchase a fence energizer, the cost of which is $100.
(Name withheld) has used this particular solution with other fence owners
in the area with great success.
In order to avoid enforcement action on this matter, you have thirty (30)
days from the date of receipt of this letter to respond to this office at
the following address: 1270 Fairfield Road, Gettysburg, PA 17325. The
response must contain a statement of the specific action(s) taken to
identify and eliminate the source(s) of (name withheld)'s radio
interference. If you have any questions about this matter, please contact
me at 717-338-2577.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Enforcement Bureau
cc: New York Field Office
Northeast Regional Director
Fines normally range from $7,500 to $10,000.