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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-07-DL-155
Xcel Energy )
) Citation No.: C20073250017
Lubbock, Texas, 79407 )
CITATION
Released: July 25, 2007
By the District Director, Dallas Office, South Central 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 Xcel Energy
for violation of Section 15.5(b) of the Rules.
2. An investigation by the Commission's Dallas Office of the Enforcement
Bureau revealed that on May 22-25, 2007, Xcel Energy caused harmful
interference to the reception of amateur communications to amateur
licensee W5KFT in Lubbock, Texas.
3. Section 15.5(b) states "[o]peration of an intentional, unintentional,
or incidental radiator is subject to the conditions that no harmful
interference is caused." Section 15.3(m) of the Rules defines harmful
interference as "any emission, radiation or induction that ...
seriously degrades, obstructs or repeatedly interrupts a radio
communication service operating in accordance with this chapter."
Section 15.3(n) defines an incidental radiator as "[a] device that
generates radio frequency energy during the course of its operation
although the device is not intentionally designed to generate or emit
radio frequency energy." Xcel Energy's electrical distribution system
is an incidental radiator and violates Section 15.5(b) of the Rules.
4. Section 15.209 sets the general radiated emission limits for
intentional radiators. The limit for the band 30 to 88 MHz is 100
micro-volts per meter measured at 3 meters. The attached list of
strong electrical arcing points appears to exceed the value allowed
even for intentional radiators.
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), 308(b) and 403 of the Act, Xcel
Energy is directed to provide the documents and information specified
herein, within 10 days from the date of this Citation.
Because the source of harmful interference is emanating from more than one
power company and past attempts have not resolved the problem, you must
submit a written plan describing the planned resolution of this case,
including coordination with Lubbock Power & Light.
7. Additionally, pursuant to Sections 4(i), 4(j), 308(b) and 403 of the
Act, Xcel Energy is directed to provide a report every sixty (60)
days, of work completed to resolve the interference until your
distribution system is in compliance.
8. Xcel Energy may request an interview at the closest FCC Office, which
is Federal Communications Commission, 9330 LBJ Freeway, Suite 1170,
Dallas, Texas 75243. You may contact this office by telephone, (XXX)
XXXX-XXXX to schedule this interview, which must take place within 14
days of this Citation. Xcel Energy 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-DL-155 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 Xcel
Energy at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director, Dallas Office
South Central Region
Enforcement Bureau
Strong electrical arcing points noted near Amateur licensee's residence.
Intersecting With
1 Memphis 66th
2 Nashville/Memphis/Lynnhaven 82nd
3 Kenosha Alley South of 61st
4 Memphis 58/59th
5 Memphis 59/60th
6 Memphis 74th
7 Oxford Nashville/62nd
8 Oxford Nashville/Norfolk
9 56th East of Richmond
10 57th East of Richmond
11 Indiana 58/59th
12 Indiana 60/61st
13 Indiana 74th
14 Indiana 82nd
15 Indiana South Loop 289
16 Indiana South of 82nd at TacoVilla
17 Orlando 51/52nd
18 Peoria 55th
19 Quaker 54/55th
20 Quaker 58th
21 Quaker 60/61st
22 Quaker 61/62nd
23 Quaker 63/64th
24 Utica Alley North of 7002A
25 Elgin 54/55th
26 Elgin 57/58th
27 Elgin 58/59th
28 Elgin 60/61st
29 Elgin 61/62nd
30 Elgin 67/68th
31 Elgin 68/69th
32 Elgin 74th
33 Elgin 77/78th
34 Elgin 80/81st
35 Indiana 94/95th
36 Raleigh 51st
37 Salem 51/52nd
38 Salem 82nd
39 Utica 52/53rd
40 Utica 54/55th
41 Utica 55/56th
42 Utica 58/59th
43 Utica 63/64th
44 Indiana 73rd
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.3(m).
47 C.F.R. S: 15.3(n).
47 C.F.R. S: 15.209
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 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