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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-08-KC-0327
Wayne K. Whitmer )
Citation No.: C200932560001
Perry, Iowa )
)
OFFICIAL NOTIFICATION
Released: November 12, 2008
By the District Director, Kansas City District Office, South Central
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 Wayne K.
Whitmer for violation of Section 15.5(b) of the Commission's rules
("Rules").
2. In response to a complaint of interference, on October 21, 2008, an
agent from the Commission's Kansas City Office of the Enforcement
Bureau located an interfering signal to a single family residence
occupied by Mr. Whitmer. Further testing on that date, revealed that
the source of the interfering signal was the charging system on your
Jet 3 power wheel chair manufactured by Pride Mobility Products.
Accordingly, the charging system is an unintentional radiator under
Part 15 of the Rules. On October 21, 2008, the agent determined that
the charging system was causing harmful interference to the HF radio
spectrum.
3. Section 15.5(b) of the Rules states "[o]peration of an intentional,
unintentional, or incidental radiator is subject to the conditions
that no harmful interference is caused . . . . "
4. Section 15.5(c) of the Rules states "The operator of a 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." Oral
notification was provided at the time of inspection. You are hereby
notified that you must cease operation of the charging system until
the harmful interference can be corrected.
5. Mr. Whitmer may request an interview at the closest FCC Office, which
is Federal Communications Commission, 520 NE Colbern Road, Second
Floor, Lee's Summit, Missouri 64086. You may contact this office by
telephone, (XXX) XXXX-XXXXto schedule this interview, which must take
place within 14 days of this Citation. Mr. Whitmer 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 violations outlined above. Please reference
file number EB-08-KC-0327 when corresponding with the Commission.
6. 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.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Wayne
K Whitmer at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director,
Kansas City District Office
South Central Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S:S: 15.5(b).
See 47 C.F.R. S: 15.3(z).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.5(c).
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