Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
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 )
CITATION
Released: October 16, 2007
By the District Director, Columbia 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 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
imprisonment.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission