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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-07-NY-111
Uriel Berchin )
) Citation No. C20073238008
Forest Hills, NY )
CITATION
Released: April 25, 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 Uriel Berchin
for violation of Section 15.5(b) of the Commission's Rules.
2. On April 2, 2007, the Enforcement Bureau's New York Office received a
complaint from an area resident that a signal emanating from a private
residence in Forest Hills, NY, was causing interference with reception
of licensed broadcast services, specifically, WNYW TV, Channel 5.
3. On April 10, 2007, an agent from the New York Office investigated the
interference and determined by direction finding techniques that the
source of the interfering signal was an amplified AM/FM antenna
located in a private residence owned by Uriel Berchin.
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... ." Uriel
Berchin's operation of a Part 15 device at his residence in Forest
Hills, NY on April 10, 2007, which caused interference to a FCC
licensee, violated 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, Uriel Berchin 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.
Please reference file number EB-07-NY-111 when corresponding with the
Commission.
7. Uriel Berchin may request an interview at the closest FCC Office,
which is Federal Communications Commission, 201 Varick Street, Suite
1151, New York, New York 10014. Uriel Berchin may contact this office
by telephone, XXX XXX-XXXX, to schedule this interview, which must
take place within 14 days of this Citation.
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 Uriel
Berchin at his 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 4(i), 4(j), 403.
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