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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-NY-0219
Ricardo Moore )
) Citation No.: C200932380005
Arverne, New York )
CITATION
Released: July 20, 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 Ricardo Moore
for violation of Section 15.5(b) of the Commission's Rules ("Rules").
2. On June 24, 2009, the FCC's New York Office received a complaint from
an FCC licensee concerning interference to its wireless
telecommunications network in the 900 MHz SMR uplink band in Arverne,
New York. On July 6, 2009, an agent from the New York Office
investigated the allegation and located the interfering signal
emanating from a residential house located in Arverne, New York.
Further investigation revealed that the source of the interfering
signal was an Astak surveillance camera system (model CM-918T2), a
Part 15 device, located on the front wall of the house.
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 July 6, 2009, the agent warned
the tenant at that location that they must cease operating the camera
because it was causing interference to a licensed wireless
telecommunications network.
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. Ricardo Moore 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, (XXX) XXXX-XXXX to schedule this interview, which must take
place within 14 days of this Citation. Ricardo Moore 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-0219 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
Ricardo Moore at his 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).
Id..
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