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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-07-CF-256

   Atlas Fitness Center )

   ) Citation No.: C20083234001

   Middletown, DE )


                                                   Released: October 16, 2007

   By the District Director, Columbia Office,  Northeast Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Atlas Fitness 
       Center for violation of Section 15.5(b) of the Commission's Rules.

    2. On October 5, 2007, the FCC's Columbia Field Office received
       information indicating that a wireless transmitting system being
       operated at your address, 821 North Broad Street, Middletown, DE was
       the source of harmful interference to the public safety radio system
       operated by the State of Delaware.  On October 9, 2007, an agent from
       this office spoke with Dr. Andy Leitzke, the owner of Atlas Fitness,
       who assured the agent the offending devices would be shut off until
       the interference could be eliminated. Further investigation by this
       office on October 10, 2007 revealed that the devices were still
       operating and interfering with the operation of certain channels of
       the public safety radio system.

    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...." 

    4. 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

    5. Atlas Fitness Center  may request an interview at the closest FCC
       Office, which is Federal Communications Commission, 9200 Farm House
       Lane, Columbia, MD 21046. You may contact this office by telephone,
       (XXX)  XXXX-XXXX to schedule this interview, which must take place
       within 14 days of this Citation. Atlas Fitness Center 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-CF-256 when corresponding with the Commission.

    6. 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.

    7. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to Atlas
       Fitness Center at its  address of record.


   James T. Higgins

   District Director

   Columbia Field Office

   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: 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