Click here for Adobe Acrobat version
Click here for Microsoft Word 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.


                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                        )
                              )    File No.: EB-05-TP-160
FairPoint Communications, Inc.               )
                              )    Citation No.: 
Charlotte, NC 28202                )


                                     Released:  July 8, 2005

By the District Director, Tampa Field Office, South Central 
Region, Enforcement Bureau:

   1.     This is an Official Citation issued pursuant to 
     Section 503(b)(5) of the Communications Act of 1934, as 
     amended (``Act''),1 to FairPoint Communications, Inc. 
     (``FairPoint''), for violation of Section 15.5 of the 
     Commission's Rules (``Rules'').2

   2.     In response to a complaint of interference from 
     the Eglin Air Force Base (``Eglin''), agents from the 
     Commission's Tampa Office of the Enforcement Bureau 
     investigated whether FairPoint was causing harmful 
     interference to a U.S. Government Department of Defense 
     station operating at Eglin.  When interviewed on July 
     6, 2005, FairPoint admitted that when it shut down its 
     non-licensed wireless device operating on frequencies 
     in the 5.725-5.850 GHz band from their Crestview, 
     Florida facility, the interference to Eglin ceased.  
     FairPoint requested written notification from the 
     Commission that it cease operations.

   3.     Section 15.5(b) of the Rules states, in part, that 
     operation of an intentional, unintentional, or 
     incidental radiator is subject to the conditions that 
     no harmful interference is caused and that any 
     interference received must be accepted.3  Section 
     15.5(c) also states that the operator of a radio 
     frequency device shall cease operation upon 
     notification by a Commission representative that the 
     device is causing harmful interference.4  In addition, 
     a note at the end of Section 15.247 of the Rules states 
     that the 5.725-5.850 GHz band is shared on a 
     noninterference basis with systems supporting critical 
     Government requirements.   

   4.     You are hereby notified that your operation of a 
     non-licensed wireless device on frequencies in the 
     5.725-5.850 GHz band is causing harmful interference to 
     Government users.  Pursuant to Section 15.5(c) of the 
     Rules, you must cease operation of this equipment 

   5.     Violations of the Act or the Commission's Rules 
     may subject the violator to substantial monetary 
     forfeitures,5 seizure of equipment through in rem 
     forfeiture action, and criminal sanctions, including 

   6.     FairPoint may request an interview at the closest 
     FCC Office, which is Federal Communications Commission, 
     2203 N. Lois Avenue Suite 1215, Tampa, FL 33607.7  You 
     may contact this office by telephone, (XXX) XXX-XXXX, 
     to schedule this interview, which must take place 
     within 14 days of this Citation.  FairPoint may also 
     submit a written statement to the above address within 
     14 days of the date of this Citation.  Any written 
     statements should specify what actions have been taken 
     to correct the violation outlined above.  Please 
     reference file number EB-05-TP-160 when corresponding 
     with the Commission.

   7.     Any statement or information provided by you may 
     be used by the Commission to determine if further 
     enforcement action is required.8  Any knowingly or 
     willfully false statement made in reply to this 
     Citation is punishable by fine or imprisonment.9

   8.     IT IS ORDERED that copies of this Citation shall 
     be sent by First Class U.S. Mail and Certified Mail, 
     Return Receipt Requested to FairPoint Communications, 
     Inc., 521 E. Morehead Street Suite 250, Charlotte, NC 


                         Ralph M. Barlow
                         District Director, Tampa Office
                         South Central Region 
                         Enforcement Bureau

147 U.S.C.  503(b)(5).
247 U.S.C.  15.5. 
347 C.F.R.  15.5(b).
447 C.F.R.  15.5(c).
547 C.F.R.  1.80(b)(3).
647 U.S.C.  401, 501, 503, 510.
747 U.S.C.  503(b)(5).
8See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
9See 18 U.S.C.  1001 et seq.