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-SF-283
Ramiro Ornelas )
) Citation No.: C20083296001
Yuba City, California )
CITATION
Released: December 10, 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 Ramiro Ornelas
("Ornelas") 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 November 1, 2007, Mr. Ornelas operated a defective
Winegard antenna, a Part 15 device, which caused interference to
County of Sutter, licensee of KZF952.
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 . . . ." Mr. Ornelas's
operation of the Winegard antenna violates this section.
4. The San Francisco Office received a complaint of interference on
several frequencies of Sutter County Sheriff Department communications
system within a limited geographic area. On November 1, 2007, an agent
from the San Francisco Office confirmed that a radio signal was
drifting around 460.350 MHz. The agent used radio direction finding
techniques to determine that the Winegard antenna, mounted to a motor
home parked on the side street of Mr. Ornelas's residence in Yuba
City, California, was the source of the interference. The agent
conducted an on-off test of the antenna's power supply to verify the
source of interference.
5. These Winegard antenna amplifiers have been the source of radio
frequency interference in a number of cases. As a result of this
interference, Winegard has agreed to replace the defective units at no
charge (see Winegard Internet site www.winegard.com ). Mr. Ornelas
will need to contact Winegard at (319) 754-0600 or 800-856-4350 in
Burlington, Iowa to make arrangements for them to replace the
defective unit. Due to the continuing radio communications
interference caused by the Winegard amplified television antennas, we
request that Mr. Ornelas return the defective Winegard antenna to the
FCC at the address indicated below for testing after it is replaced.
6. 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.
7. Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, Mr.
Ornelas is directed to provide the documents and information specified
herein, within 30 calendar days from the date of this Citation:
a. Explain efforts made to discontinue operation of the device until the
device has been replaced.
b. Send a statement on the actions taken to ensure the interference will
not recur.
c. Send a copy of the invoice for purchase of a new antenna system, or
documentation showing that Winegard replaced the defective unit.
8. Mr. Ornelas 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. Mr. Ornelas 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-SF-283 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 Ramiro
Ornelas at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director, San Francisco District Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.1 et seq.
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
3
Federal Communications Commission