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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-07-ST-022

   Aspeedynet )

   2623-A Euclid Ave ) Citation No.: C20073298002

   Wenatchee, WA 98801 )


                                                  Released: February 26, 2007

   By the District Director, Seattle 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 Aspeedynet for
       violation of Sections 15.5(b), 15.204(a), and 15.204(b) of the
       Commission's Rules ("Rules").

    2. Investigation by the Enforcement Bureau's Seattle Office revealed that
       on February 6, 2007, Aspeedynet was operating three co-located Tranzeo
       Digital Transmission Systems located near the White Heron Cellars
       winery overlooking the Crescent Bar area.

    3. Section 15.204(b) of the Rules states "[a] transmission system
       consisting of an intentional radiator, an external radiator, an
       external radio frequency power amplifier, and an antenna may be
       authorized, marketed and used under this part. Except as described
       otherwise in this section, when a transmission system is authorized as
       a system, it must always be ...used in the configuration in which it
       was authorized." The equipment authorization for the Tranzeo Digital
       Transmission System FCC ID QRF-TR-AP5A states "[t]he antenna(s) used
       for this transmitter must be fixed-mounted on outdoor permanent
       structures with a separation distance of at least 59 cm from all
       persons and must not be co-located or operating in conjunction with
       any other antenna or transmitter." Aspeedynet's co-location of three
       of the Tranzeo Digital Transmission Systems violates this

    4. Section 15.204(a) of the Rules states " person shall use,
       manufacture, sell or lease, ...any external radio frequency power
       amplifier or amplifier kit intended for use with a part 15 intentional
       radiator." Aspeedynet's use of an external bi-directional amplifier
       with part 15 antenna systems violates this section.

    5. Section 15.5(b) of the Rules states "[o]peration of an intentional,
       unintentional, or incidental radiator is subject to the condition that
       no harmful interference is caused . . . ." Aspeedynet's operation of
       the equipment described above caused interference in violation of this

    6. 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

    7. Aspeedynet may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 11410 NE 122^nd Way, Suite 312,
       Kirkland, WA 98034. Aspeedynet may contact this office by telephone,
       XXX XXX-XXXX, to schedule this interview, which must take place within
       14 days of this Citation. Aspeedynet 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 violations outlined above. Please reference file
       number EB-07-ST-022 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
       Aspeedynet at its address of record.


   Kristine McGowan

   District Director, Seattle District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 503(b)(5).

   47 C.F.R. SS 15.5(b), 15.204(a), 15.204(b).

   47 C.F.R. S 15.204(b).

   47 C.F.R. S 15.204(a).

   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. 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