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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
San Juan Office
US Federal Building Room 762
San Juan, PR 00918-1731
May 22, 2009
Via Certified Mail & fax:
Manati Municipality
Administration Office
Res. Enrique Zorilla Apt. 281
Manati, PR 00674
Corrected Copy
CITATION
Case Number: EB-09-SJ-0024
Document Number: C200932680003
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), to
the Manati Municipality notifying you that your unintentional radiator is
causing harmful interference to licensed communications services and that
your operations must cease. As explained below, continued operation while
causing harmful interference may subject you to monetary forfeitures.
On May 21, 2009, in response to information provided by AT&T Wireless
("AT&T"), the FCC's San Juan Office of the Enforcement Bureau ("San Juan
Office") conducted an investigation on the roof top of building 30 of the
Enrique Zorilla public housing project in Manati. The local AT&T cell site
was experiencing interference which seriously degraded their service
quality and resulted in dropped calls by the hundreds. Public safety
concerns due to the possibility of dropped 911 calls prompted agents from
this Office to confirm by direction finding techniques that radio
emissions on frequency 831.9315 MHz were emanating from the building's
roof. The building is located on the corner of Rosario and Limones
streets. On and off tests conducted with the AT&T determined that the Tru
Spec Model TA-52 master antenna TV amplifier in service on the roof was
the cause of the harmful interference.
This amplifier is an "unintentional radiator" which is a "device that
sends radio frequency signals by conduction to associated equipment via
connecting wiring, but which is not intended to emit RF energy by
radiation or induction." 47 C.F.R. S: 15.3(z). Nonlicensed operation of an
unintentional radiator pursuant to Part 15 of the FCC's rules is subject
to the condition that it must not cause harmful interference and, if
harmful interference occurs, operation of the device must cease. See 47
C.F.R. S: 15.5. Harmful interference is defined as "[a]ny emission,
radiation or induction that ... seriously degrades, obstructs or
repeatedly interrupts a radio communications service." 47 C.F.R. S:
15.3(m).
You are hereby notified that your Tru Spec Model TA-52 master antenna TV
amplifier device is emitting spurious emissions on 831.9315 MHz, which are
causing harmful interference to the licensed radio communications of AT&T
Wireless. Your operation of this device must cease, until the interference
can be resolved. Operation of this device that continues to cause harmful
interference after your receipt of this warning constitutes a violation of
the rules cited above and could subject the operator to severe penalties,
including, but not limited to, substantial monetary fines, in rem arrest
action against the offending radio equipment, and criminal sanctions
including imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and 510).
OPERATION OF THE AMPLIFIER MUST CEASE UNTIL YOU RESOLVE THE HARMFUL
INTERFERENCE.
You have ten (10) days from the date of this notice to respond with any
evidence that your unintentional radiator is not the source of the harmful
interference to the licensed communications of AT&T. Your response should
also state when you discontinued operations at Building #30 in Enrique
Zorilla and a description of the steps you are planning to take to
eliminate the interference. Your response should be sent to the address in
the letterhead and reference the listed case and document number.
You may request an interview at the closest FCC Office, which is Federal
Communications Commission, Enforcement Bureau, South Central Region, San
Juan Office, US Federal Building Room 762
San Juan, PR 00918-1731. You may contact this office by telephone, (XXX)
XXXX-XXXX to schedule this interview, which must take place within 10 days
of this Citation.
Under the Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S: 1001.
You may contact this office if you have any questions.
Reuben Jusino
Resident Agent
San Juan Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003