Click here for Adobe Acrobat version


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.



   August 17, 2009

   Mr. Steven E. Moore, Chairman

   President & CEO

   Oklahoma Gas & Electric Company

   (address withheld)

   Oklahoma City, OK 73101-0321

   Re: EB-09-GB-0011

   Dear Mr. Moore:

   On February 18, 2009, the Federal Communications Commission notified
   Oklahoma Gas & Electric Company (OG&E) that it had received complaints
   from (name withheld) that equipment operated by your utility might be
   causing harmful radio interference to his amateur radio equipment. (Name
   withheld)'s contact information is as follows:

   (name withheld)

   (address withheld)

   Bethany, OK 73008

   Tel: (number withheld)

   The February 18, 2009 letter advised OG&E that the interference, if
   unresolved, could be a violation of Commission rules. For this reason, we
   encouraged OG&E to voluntarily resolve the matter without Commission
   intervention. The 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 1, 2009, the Commission
   sent a second letter noting that OG&E had failed to respond to the
   February 18, 2009, letter. On July 7, 2009, OG&E responded to the letter.
   In its response, OG& E indicated that it had investigated (name
   withheld)'s complaint in April. According to OG&E, the ticket was closed
   after the line crew spoke to (name withheld) and he indicated that things
   were fine at that time and that no further complaints had been received by
   (name withheld).

   According to (name withheld), however, OG&E had not made any contact with
   (name withheld) nor has he ever indicated that the problem had been
   corrected. Indeed, (name withheld) reports that the interference has been
   continuous. In order to ensure that OG&E had an updated record of his
   complaint, on July 17, 2009, (name withheld) again refilled his
   interference complaint with the utility. At that time, (name withheld)
   spoke with a customer service representative who indicated that someone
   from OG&E would come out to his residence that day to attempt to identify
   and resolve the source of the interference. To date, no one from OG&E has
   been out to (name withheld)'s residence. Moreover, (name withheld) reports
   that there has been no reduction in the radio frequency interference.

   Quite often in preparing a response to these letters, a utility will
   indicate that they have spent countless hours locating and correcting
   "noise" in and around the residence of the amateur. Unfortunately, those
   sources of "noise" are not the noise that is causing interference to the
   amateur. It is not the Commission's intent that the utility should correct
   all sources of "noise" in and around the amateur's residence; rather, it
   is our intent that you locate and eliminate the specific noise causing
   radio frequency interference to (name withheld). In order to correctly
   identify and then eliminate the source of (name withheld)'s specific radio
   interference, staff from OG&E will need to visit (name withheld)'s
   residence and listen to the noise on his amateur equipment. Once your
   staff has heard (name withheld)'s specific "noise," they will be better
   equipped to locate and correct the specific source of his radio

   In order to avoid enforcement action on this matter, you have thirty (30)
   days from the date of receipt of this warning to respond to this office at
   the following address: 1270 Fairfield Road, Gettysburg, PA 17325. The
   response must contain a statement of when you visited (name withheld)'s
   residence and after that visit, 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


   Laura L. Smith, Esq.

   Special Counsel Enforcement Bureau

   cc: Dallas Field Office

   South Central Regional Director

   Fines normally range from $7,500 to $10,000.