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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       )                                


                                                    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

    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

    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.


   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


                       Federal Communications Commission