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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 )
CITATION
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
authorization.
4. Section 15.204(a) of the Rules states "...no 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
section.
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
imprisonment.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission