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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-PA-081
Macy's East )
) Citation No.: C200832400003
Harrisburg, Pennsylvania )
CITATION
Released: April 15, 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 Macy's East
("Macy's") for violation of Section 15.5(b) of the Commission's Rules
("Rules").
2. On February 26, 2008, 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 frequencies
897.26875 MHz and 897.29375 MHz. The Sprint-Nextel cellular system is
mounted on a monopole, which is located at 1024 Wister Street,
Harrisburg, Pennsylvania near the coordinates 40o 15' 25.60" North
Latitude 076 o 50' 59" West Longitude. During two separate
investigations on March 18, 2008 and March 24, 2008, agents
determined that the source of the interfering emissions was a
Sensormatic anti-theft device (Model EAD, FCC ID BVC8V4EADX) that
Macy's was operating at 3401 Paxton Street, Harrisburg, Pennsylvania
17111.
3. The Sensormatic anti-theft device, Model EAD, 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 corrected."
4. You are hereby notified that operation of the Sensormatic anti-theft
device, Model EAD, was causing harmful interference to a licensed
service, such that the licensed service was seriously degraded, in
violation of Section 15.5(b) of the Rules. You are hereby also
notified that operation of the Sensormatic anti-theft device Model EAD
must be stopped until the cause of the harmful interference has been
corrected, in accordance with Section 15.5(c) 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
imprisonment.
6. Macy's may request an interview at the closest FCC Office, which is
Federal Communications Commission, Enforcement Bureau, Northeast
Region, New York Office, 201 Varick Street, Suite 1151, New York, NY
10014. Macy's may contact this office by telephone, (XXX) XXXX-XXXX
to schedule this interview, which must take place within 14 days of
this Citation. Macy's 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-PA-081
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
Macy's at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
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).
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