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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-06-NY-302
Yogesh Dave )
) Citation No. C20073238005
Wayne, New Jersey )
CITATION
Released: January 10, 2007
By the District Director, New York District Office, Northeast 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 Yogesh Dave for
violation of Section 15.5(b) of the Commission's Rules.
2. On December 11, 2006, the Enforcement Bureau's New York Office
received a complaint from Global Wireless Solutions, a contractor for
Sprint, of a signal coming from a nearby private residence in Wayne,
NJ, causing interference to a Sprint cell site.
3. On December 12, 2006, an agent from the New York Office investigated
the interference complaint. Based on the investigation on December 12,
2006 and an investigation conducted by Global Wireless Solutions on
December 8, 2006, the agent determined that an amplifier on the roof
of your residence caused the interference.
4. Section 15.5(b) of the Rules states that "[o]peration of an
intentional, unintentional, or incidental radiator is subject to the
conditions that no harmful interference is caused. ..." Yogesh Dave's
operation of a Part 15 device at his residence in Wayne, NJ on
December 8, 2006, caused interference to a FCC licensee in violation
of this section.
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, Yogesh Dave is
directed to provide a complete description of the actions taken to
cease and further prevent the harmful interference caused to the FCC
licensee within fourteen (14) days from the date of this Citation.
7. Yogesh Dave may request an interview at the closest FCC Office, which
is:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
Yogesh Dave may contact this office by telephone at XXX XXX-XXXX. Yogesh
Dave may also submit a written statement to this office within fourteen
(14) days of the date of this Citation. Any written statement should
specify what actions have been taken to correct the violations outlined
above. Please reference file number EB-06-NY-302 and citation number
C20073238005 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 Yogesh
Dave at her address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 C.F.R. S 15.5(b).
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.
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