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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-07-PA-395

   Earthlink, Inc. )

   ) Citation No.: C20083240002

   Philadelphia, Pennsylvania )


   Released: February 4, 2008

   By the District Director, Philadelphia 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 Earthlink, Inc.
       ("Earthlink") for violation of Section 15.5(b) of the Commission's
       Rules ("Rules").

    2. On December 10, 2007, the Enforcement Bureau's Philadelphia Office
       received a complaint from Sprint-Nextel that emissions from an
       unidentified spread spectrum transmitter were causing harmful
       interference to Sprint-Nextel's cellular system on the frequency
       900.800 MHz. The Sprint-Nextel cellular system is located on antenna
       structure 1055890 at 811 East Cayuga Street, Philadelphia,
       Pennsylvania near the coordinates 40o 00' 57" North Latitude 075 o 06'
       38" West Longitude. During an investigation between December 11, 2007
       and December 18, 2007, agents determined that the source of the
       interfering emissions was a Motorola Canopy (Model 9000, Serial No.
       0A003E9128A1, FCC ID ABZ89FC5809) that Earthlink was operating on
       antenna structure 1055890.

    3. The Motorola Canopy Model 9000 is a Part 15 non-licensed intentional
       radiator. 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. Operation shall not
       resume until the condition causing the harmful interference has been

    4. You are hereby notified that operation of the Motorola Canopy Model
       9000 was causing harmful interference to a licensed service, such that
       the service was seriously degraded, in violation of Section 15.5(b) of
       the 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. Earthlink may request an interview at the closest FCC Office, which is
       Federal Communications Commission, Atlanta Office, Koger
       Center-Gwinnett, 3575 Koger Boulevard, Room 320, Duluth, Georgia
       30096-75771. Earthlink may contact this office by telephone, (XXX)
       XXXX-XXXX to schedule this interview, which must take place within 14
       days of this Citation. Earthlink 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-PA-395 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
       Earthlink at its address of record.


   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 15.5(b).

   Sprint-Nextel holds a Specialized Mobile Radio Service License KNNX426
   under the name FCI 900, Inc. that authorizes Sprint-Nextel to operate a
   cellular system in the frequency band 900.00625 MHz through 900.13125 MHz
   in the Philadelphia Market.

   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