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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-07-SF-054
William Cooley )
) Citation No.: C20073296004
Yuba City, California )
CITATION
Released: April 18, 2007
By the District Director, San Francisco 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 William Cooley
("Cooley") for violation of Section 15.5(b) of the Commission's rules
("Rules").
2. Investigation by the Enforcement Bureau's San Francisco Office
revealed that on April 3, 2007, Mr. Cooley operated a defective
Winegard antenna, a Part 15 device, which caused interference to
County of Sutter, licensee of KZF952.
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 . . . ." Mr. Cooley's operation
of the Winegard antenna violates this section.
4. The San Francisco Office received a complaint of interference on
several frequencies of Sutter County Sheriff Department communications
system within a limited geographic area. On April 3, 2007, an agent
from the San Francisco Office confirmed that a radio signal was
drifting around 459.28 MHz. The agent used radio direction finding
techniques to determine that the Winegard antenna, mounted to a motor
home parked in the side yard of Mr. Cooley's residence in Yuba City,
California, was the source of the interference. The agent conducted an
on-off test of the antenna's power supply to verify the source of
interference.
5. These Winegard antenna amplifiers have been the source of radio
frequency interference in a number of cases. As a result of this
interference, Winegard has agreed to replace the defective units at no
charge (see Winegard Internet site [1]www.winegard.com ). Mr. Cooley
will need to contact Winegard at (319) 754-0600 or 800-856-4350 in
Burlington, Iowa to make arrangements for them to replace the
defective unit. Due to the continuing radio communications
interference caused by the Winegard amplified television antennas, we
request that Mr. Cooley return the defective Winegard antenna to the
FCC at the address indicated below for testing after it is replaced.
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. Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, Mr. Cooley
is directed to provide the documents and information specified herein,
within 30 calendar days from the date of this Citation:
a. Explain efforts made to discontinue operation of the device until the
device has been replaced.
b. Send a statement on the actions taken to ensure the interference will
not recur.
c. Send a copy of the invoice for purchase of a new antenna system, or
documentation showing that Winegard replaced the defective unit.
8. Mr. Cooley may request an interview at the closest FCC Office, which
is Federal Communications Commission, 5653 Stoneridge Drive, Suite
105, Pleasanton, California 94588. You may contact this office by
telephone, , to schedule this interview, which must take place within
14 days of this Citation. Mr. Cooley 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-07-SF-054 when corresponding with the Commission.
9. 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.
10. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
William Cooley at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director, San Francisco 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 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
References
Visible links
1. http://www.winegard.com/