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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-TP-081
Florida Power and Light )
Attn: Jack Leon ) Citation No.: C20063270004
Registered Agent )
9250 W. Flagler Street
Miami, FL 33174
CITATION
Released: May 16, 2006
By the District Director, Tampa 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"), to Florida Power
and Light ("FPL") for violation of Section 15.5 of the Commission's
Rules ("Rules") regarding the general conditions for operating
incidental radiators.
2. On March 15, 2006, two agents from the Commission's Tampa Office of
the Enforcement Bureau were dispatched in regards to a complaint of
interference to the Manatee County Utility Operations Lift Stations
("Manatee County") in Bradenton, Florida. The Agents identified an FPL
utility pole (# 51274113203) with a faulty street light, which was
acting as an incidental radiation device, emitting radio frequency
energy to the extent that it caused harmful interference to an
authorized radio service. An FPL crew was dispatched and agreed to
change the street light. Upon changing the light, the interference
remained. The FCC Agents asked if the FPL crew could do some testing
since they were already there and gave them some suggestions on what
maybe the source of the interference. The FPL crew refused to do any
more work on the utility pole, gave the agents only their truck
numbers (6212 & 6635), and stated they were finished doing any further
work on the pole. The FPL crew told the Agents they must call an 800
number during regular business hours to have any more work done. The
Agents gave the FPL crew a verbal warning with regard to the
interference coming from the pole and departed the area. Within an
hour after the Agents left the area, Manatee County called the Agents
to let them know that the interference ceased. When the Agents
returned to the site, the FPL crew was gone and the agents confirmed
that the interference emanating from the utility pole was also gone.
3. Section 15.5(b) of the Rules states "[o]peration of an intentional,
unintentional, or incidental radiator is subject to the conditions
that no harmful interference is caused." Section 15.3(m) of the Rules
defines harmful interference as "any emission, radiation or induction
that ... seriously degrades, obstructs or repeatedly interrupts a
radio communications service operating in accordance with this
chapter." Section 15.5(c) of the Rules requires that "[t]he 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."
4. You are hereby notified that operation of the utility pole was causing
harmful interference to a licensed service, such that the service was
seriously degraded, in violation of Section 15.5(b) of the Rules.
5. Violations of the Act or the Rules may subject the violator to
substantial monetary forfeitures.
6. Florida Power and Light may request an interview at the closest
Commission Office, which is: Federal Communications Commission, Suite
1215, 2203 N. Lois Ave, Tampa, FL 33607. You may contact this office
by telephone, (813) 348-1741, to schedule this interview which must
take place within 14 days of this Citation. Florida Power and Light
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-06-TP-081 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. Any
knowingly or willfully false statement made in reply to this Citation is
punishable by fine or imprisonment.
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 Florida Power
and Light at the address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office
South Central
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 C.F.R. S 15.5.
47 C.F.R S 15.3(n).
47 C.F.R. S 15.5(b).
47 C.F.R. S 15.3(m).
47 C.F.R. S 15.5(c).
47 C.F.R. S 15.5(b).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. S 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission