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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-07-SF-234
City of Petaluma )
Citation No.: C20073296029
Petaluma, CA )
)
CITATION
Released: August 21, 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 the City of
Petaluma ("City"), 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 August 9, 2007, several Model 900DS spread spectrum
modems operated by the City and located in traffic signal light
systems were creating spurious radio signals and causing interference
to a Verizon Wireless cell site. Each modem incorporated a radio
transceiver.
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 City's operation
of modems causing harmful interference to an authorized radio system
violates this section.
4. On August 3, 2007, the San Francisco Office received from Verizon
Wireless, a complaint of interference concerning Verizon Wireless'
Commercial Mobile Radio Service in Petaluma, California. On August 9,
2007, agents from the San Francisco Office confirmed that spurious
radio signals on 837.9 MHz were emanating from the City's traffic
signal light systems at, at least, five intersections.
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, City 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 modems will not radiate
spurious signals.
b. Send a statement on the actions taken to ensure that the interference
will not recur to the Office listed in the paragraph below.
7. The City 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, (XXX) XXXX-XXXX to schedule this interview, which must take
place within 14 days of this Citation. The City 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-SF-234 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 the
City at their address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
Attn: Frank Penry
Traffic Division
Public Works Department
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. 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