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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-NY-0204
BQE Auto Body Shop Corp. )
) Citation No.: C200932380003
Astoria, New York )
CITATION
Released: July 7, 2009
By the District Director, New York 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 BQE Auto Body
Shop Corp. ("BQE Auto Body Shop") for violation of Section 15.5(b) of
the Commission's Rules ("Rules").
2. On June 2, 2009, the FCC's New York Office received a complaint from a
licensed communications service concerning interference to its
wireless telecommunications network on 900 MHz SMR band in Astoria,
New York. On June 3, 2009, an agent from the New York Office
investigated the allegation and located the interfering signal
emanating from the BQE Auto Body Shop at 2419 45th Street, Astoria,
New York, 11103. Further investigation revealed that the source of the
interfering signal was a surveillance camera system, a Part 15 device,
located in BQE Auto Body Shop. The manager of the auto body shop
reported to the agent that he purchased the surveillance camera system
in order to monitor workers at the shop.
3. 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
15.5(c) provides that 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." During the inspection on June 3, 2009, the agent warned
the manager of BQE Auto Body Shop that he must cease operating the
camera because it was continuing to cause interference to the licensed
wireless telecommunications network. The agent again warned the
manager during a follow-up inspection on June 11, 2009 and during a
telephone c(XXX) XXXX-XXXXJune 17, 2009, that he must cease operating
the surveillance cameras.
4. 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
imprisonment.
5. BQE Auto Body Shop may request an interview at the closest FCC Office,
which is Federal Communications Commission, 201 Varick Street, Suite
1151, New York, New York, 10014. You may contact this office by
telephone, (212) 337-1865, to schedule this interview, which must take
place within 14 days of this Citation. BQE Auto Body Shop 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-09-NY-0204 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 BQE
Auto Body Shop at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director, New York 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: 15.5(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
2
Federal Communications Commission