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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-PO-027
Napa Auto Parts )
) Citation No.: C20083292007
Newport, Oregon )
CITATION
Released: January 31, 2008
By the Resident Agent, Portland Resident Agent 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 Napa Auto Parts
for violation of Section 15.5(b) of the Commission's Rules.
2. Investigation by the Enforcement Bureau's Portland Office revealed
that on January 24, 2008, a Part 15 device installed and operated at
Napa Auto Parts store in Newport, Oregon, were causing interference to
the U.S. Coast Guard's Search and Rescue frequency 345 MHz.
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. On January 24, 2008, an agent from the Enforcement Bureau's Portland
Office investigated and an interference to the U.S. Coast Guard's
Search and Rescue frequency 345 MHz in Newport, Oregon. The
investigation revealed that the interfering signal was emanating from
a Honeywell wireless security alarm system, model ADEMCO Vista 20P,
installed in the Napa Auto Parts store, Newport, Oregon.
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. Napa Auto Parts may request an interview at the closest FCC Office,
which is Federal Communications Commission, 11410 NE 122nd Way, Suite
312, Kirkland, Washington 98034. You may contact this office by
telephone, (XXX) XXXX-XXXX to schedule this interview, which must
take place within 14 days of this Citation. Napa Auto Parts 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-08-PO-027 when corresponding with the
Commission.
7. 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.
8. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Napa
Auto Parts at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen,
Resident Agent
Portland Resident Agent 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
2
Federal Communications Commission