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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 )


                                                   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

    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

    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.


   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


                       Federal Communications Commission