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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


                                                       Released: May 16, 2006

   By the District Director, Tampa Office, South Central Region, Enforcement

    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.


   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


                       Federal Communications Commission