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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  )


   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

    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

    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

    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.


   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


                       Federal Communications Commission