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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-NY-031
J. Schatz & D. Martinez )
) Citation No.: C20083238024
New York, NY )
CITATION
Released: February 4, 2008
By the District Director, New York District 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 J. Schatz & D.
Martinez for violation of Section 15.5(b) of the Commission's Rules.
2. On January 28, 2008, the Enforcement Bureau's New York Office received
a complaint from a FCC licensee that a signal coming from your
apartment in New York, NY, was causing interference to its radio
transmitters. Using direction finding equipment, the FCC licensee
determined that the interference to its radio transmitters was caused
by a device located in your apartment. On January 31, 2008, an agent
from the New York Office investigated the interference and spoke to J.
Schatz regarding the device that likely is causing interference.
3. Section 15.5(b) of the Rules states that "[o]peration of an
intentional, unintentional, or incidental radiator is subject to the
conditions that no harmful interference is caused. ..." Section
15.3(m) of the Rules defines harmful interference as "any emission,
radiation or induction that ... seriously degrades, obstructs or
repeatedly interrupts a radio communications service operating in
accordance with this chapter." Section 15.5(c) of the Rules requires
that "[t]he operator of the radio frequency device shall be required
to cease operating the device upon notification by a Commission
representative that the device is causing harmful interference."
4. J. Schatz & D. Martinez's operation of a Part 15 device at their
apartment in New York, NY, which caused interference to a FCC
licensee, violated Section 15.5(b) of the Commission's Rules.
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. Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, J. Schatz
& D. Martinez is directed to provide the documents and information
specified herein, within fourteen (14) days from the date of this
Citation.
7. J. Schatz & D. Martinez may request an interview at the closest FCC
Office, which is Federal Communications Commission, New York Office,
201 Varick Street, Suite 1151, New York, NY 10014. You may contact
this office by telephone, (XXX) XXXX-XXXX to schedule this interview,
which must take place within 14 days of this Citation. J. Schatz & D.
Martinez 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-NY-031 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 J.
Schatz & D. Martinez at their record of address.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.3(m).
47 C.F.R. S: 15.5(c).
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