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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of     )                                
                               File No.: EB-07-ST-077      
     Jon Marcinko         )                                
                               Citation No.: C20073298005  
     Tiger Mountain, WA   )                                


                                                       Released: May 18, 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 Jon Marcinko,
       for violation of Section 15.5(b) of the Commission's rules ("Rules").

    2. Investigation by the Enforcement Bureau's Seattle Office revealed that
       on April 30, 2007, a tower located on Tiger Mountain was creating
       spurious signal and causing interference to an amateur radio repeater
       at the site.

    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 [. . .]." The tower creating
       and radiating spurious signals violates this section.

    4. The Seattle Office received a complaint of interference to the
       reception of Amateur Radio and Land Mobile Radio services on Tiger
       Mountain. On April 30, 2007, agents from the Seattle Office confirmed
       that spurious radio signals were emanating from Mr. Marcinko's tower
       on Tiger Mountain.


    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

    6. Pursuant to Sections 4(i), 4(j), and 403 of the Act, Mr. Marcinko is
       directed to provide the information specified herein, within 10 days
       from the date of this Citation.

     a. Explain efforts made to make sure the tower will not radiate spurious

     b. Send a statement on the actions taken to insure the interference will
        not recur to the Office listed in the paragraph below.

    7. Mr. Marcinko may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 11410 NE 122^nd Way, Suite 312,
       Kirkland, Washington 98034. You may contact this office by telephone,
       (425) 820-6271, to schedule this interview, which must take place
       within 14 days of this Citation. Mr. Marcinko 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-077 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 Jon
       Marcinko at his address of record.


   Kristine A. McGowan

   District Director,

   Seattle 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 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