******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                )    File No.: EB-05-SD-028 
                               )
Mr. Larry Kaufman               )    Citation No.: C200532940001
                               )
San Diego, California  92115    )



                          CITATION

                                   Released:  March 11, 2005

By the District Director, San Diego Office, Western 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''),1 to Mr. Larry Kaufman for violation 
     of Section 15.5(b) and 15.29(a) of the Commission's 
     rules (``Rules'').2

   2.     Investigation by the FCC's San Diego Office 
     revealed that on February 28, 2005, a Part 15 device3 
     at the residence of Mr. Larry Kaufman in San Diego, 
     California was causing interference to a neighbor's TV 
     and FM radio reception and Mr. Kaufman refused to allow 
     inspection of the offending device. 

   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 15.29(a) of 
     the Rules states ``[a]ny equipment or device subject to 
     the provisions of this part, . . . shall be made 
     available for inspection by a Commission representative 
     upon reasonable request.''5  Kaufman's refusal to 
     acknowledge the interference problem and refusal to 
     allow Commission's representatives to inspect the 
     offending Part 15 device violate these rule sections.

   4.     The FCC's San Diego office received a complaint of 
     interference to the reception of TV and FM Broadcast 
     stations by Mr. Kaufman's neighbor.  On February 28, 
     2005, agents from the San Diego office confirmed that 
     radio signals on centered at 58.6 MHz (TV Channel 3) 
     were emanating from Mr. Kaufman's residence in San 
     Diego, California.  The agents requested Mr. Kaufman's 
     assistance in locating the source of the interference 
     and requested his permission to examine any possible 
     radio sources within his residence.  Mr. Kaufman 
     refused to assist the agents and refused to allow the 
     inspection of any offending transmitter. 

   5.     Violations of the Act or the Commission's Rules 
     may subject the violator to substantial monetary 
     forfeitures,6 seizure of equipment through in rem 
     forfeiture action, and criminal sanctions, including 
     imprisonment.7

   6.     Pursuant to Sections 4(i), 4(j), 308(b) and 403 of 
     the Act, Mr. Kaufman is directed to provide the 
     information specified herein, within 10 days from the 
     date of this Citation. 

        6.a.   Examine all Part 15 devices at his residence 
          in San Diego, California and discontinue the 
          operation until repairs to or replacement of the 
          offending device can be made.  If the offending 
          device is found and the interference is resolved, 
          send a complete report on what was found and the 
          actions taken to resolve the interference.
         
        6.b.   If the interference cannot be resolved, 
          advise this office in order to arrange for 
          Commission agents to locate and examine the 
          offending device.
 
   7.     Mr. Kaufman or his representative may request an 
     interview at the closest FCC Office, which is Federal 
     Communications Commission, 4542 Ruffner Street, Suite 
     370, San Diego, California 92111.8  You may contact 
     this office by telephone, (858) 496-5111, to schedule 
     this interview, which must take place within 14 days of 
     this Citation.   Mr. Kaufman 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-05-SD-028 when corresponding with the 
     Commission.

   8.     Any statement or information provided by you may 
     be used by the Commission to determine if further 
     enforcement action is required.9  Any knowingly or 
     willfully false statement made in reply to this 
     Citation is punishable by fine or imprisonment.10

   9.     IT IS ORDERED that copies of this Citation shall 
     be sent by First Class U.S. Mail and Certified Mail, 
     Return Receipt Requested to Mr. Larry Kaufman at his 
     record of address.


                         FEDERAL COMMUNICATIONS COMMISSION



                         William R. Zears Jr.
                         District Director, San Diego Office
                         Western Region
                         Enforcement Bureau
_________________________

147 U.S.C. § 503(b)(5).
247 C.F.R. §§ 15.5(b) and 15.29(a).
347 C.F.R. § 15.1 et seq.
447 C.F.R. § 15.5(b). 
547 C.F.R. §15.29(a).
647 C.F.R. § 1.80(b)(3).
747 U.S.C. §§ 401, 501, 503, 510.
847 U.S.C. § 503(b)(5).
9See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
10See 18 U.S.C. § 1001 et seq.