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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lakeland Electric ) File No.: EB-06-TP-090
Attn: Jim Stanfield )
General Manager ) Citation No.: C20063270005
501 E. Lemon Street )
Lakeland, FL 33801 )
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 Lakeland
Electric for violation of Section 15.5 of the Commission's Rules
("Rules") regarding the general conditions for operating incidental
radiators.
2. On March 28, 2006, two agents from the Commission's Tampa Office of
the Enforcement Bureau were dispatched in regards to a complaint of
interference to amateur radio frequencies in Lakeland, Florida. The
Agents identified Lakeland Electric's utility poles number LE106273,
LE106272 and LE106268 which were acting as incidental radiation
devices, emitting radio frequency energy to the extent that it caused
harmful interference to an authorized radio service.
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 communication 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 these utility poles was
causing 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. Lakeland Electric may request an interview at the closest Commission
Office, which is: Federal Communications Commission, 2203 N. Lois
Avenue, Suite 1215, 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. Lakeland Electric 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-090 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 Lakeland
Electric 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 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