Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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-06-DV-110
Midas Auto Service Experts )
Centennial, Colorado ) Citation No.: C20063280003
CITATION
Released: May 16, 2006
By the District Director, Denver District Office, Western 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 Midas Auto
Service Experts ("Midas") for violation of Section 15.5(b) of the
Commission's Rules ("Rules").
2. Investigation by the Enforcement Bureau's Denver Office revealed that
on April 7, 2006, a Part 15 device, located at a Midas store in
Centennial, Colorado, was causing interference to aircraft approaching
Denver International Airport on frequency 123.850 MHz.
3. Section 15.5(b) of the Rules states "[o]peration of intentional,
unintentional, or incidental radiator is subject to the condition[]
that no harmful interference is caused ..." Midas' operation of this
Part 15 device violates this section.
4. On April 7, 2006, the Federal Aviation Administration's ("FAA's")
Denver International Airport ("DIA") Spectrum Manager reported
interference to aircraft approaching a DIA runway on 123.850 MHz.
Later that day, agents from the Denver Office investigated the
allegation and located the interfering signal on 123.850 MHz to a
Midas store in Centennial, Colorado. Further investigation revealed
that the source of the interfering signal was a Hunter DSP 400 Wheel
Alignment System, which was acting as an unintentional radiator. The
wheel alignment system was also found to be producing a signal on
108.500 MHz, a frequency the FAA uses for their Instrument Landing
System.
5. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
6. Pursuant to Sections 4(i), 4(j), and 403 of the Act, Midas is directed
to provide a complete description of the actions taken to prevent the
harmful interference caused to the FAA within fourteen (14) days from
the date of this Citation.
7. Midas may request an interview at the closest FCC Office, which is
Federal Communications Commission, 215 South Wadsworth Boulevard,
Suite 303, Lakewood, Colorado, 80226. Midas may contact this office by
telephone, (303) 231-5212, to schedule this interview, which must take
place within 14 days of this Citation. Midas 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-DV-110 when corresponding with the Commission.
8. 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.
9. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Midas
Auto Service Experts at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director, Denver District Office
Western Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 C.F.R. S 15.5(b).
47 C.F.R. S 15.1 et seq.
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. SS 154(i), 154(j), 403.
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