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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

    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

    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.


   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


                       Federal Communications Commission