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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Duke Energy ) File No. EB-09-NF-0123

   Power-Line Facility Operator )

   Durham, North Carolina ) Citation No. C20103264001


                                  CITATION AND


                                                   Released: December 3, 2009

   By the Resident Agent. Norfolk Office, South Central Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Duke Energy for
       violation of Section 15.5 of the Commission's Rules ("Rules")
       regarding the general conditions for operating incidental radiators.

    2. In response to a complaint of interference, an agent of the
       Commission's Norfolk Office inspected power line facilities near Falls
       Lake Reservoir in Durham and Wake Counties, North Carolina on November
       25, 2009. During the inspection, the agent observed the facilities
       radiating energy on frequencies including 111.7MHz that caused harmful
       interference to air navigation aids used by pilots flying into
       Raleigh-Durham International airport. On November 25, 2009, the agent
       notified the call center for Duke Energy of the harmful interference
       and of the need to cease operations at the affected locations. The
       call center supervisor stated someone would contact the agent about
       the interference in a few days. As of December 2, 2009, Duke Energy
       has not contacted the agent about the interference or notified the
       agent that operations have ceased at the affected locations.

    3. Section 15.5(b) of the Rules reads, "[o]peration of an intentional,
       unintentional, or incidental radiator is subject to the conditions
       that no harmful interference is caused...." Duke Energy admitted to
       operating the power grid in Durham, North Carolina and a Commission
       Agent noted that energy radiated from the power-line facilities at the
       following locations:

         a. 3009 SR 1807 (Baptist Road), 27703 (at pole 0872800523 44 96 002
            & nearby facilities)

         b. 1820 Fletchers Chapel Road, 27704 (at pole 7442)

         c. The intersection of Wake Forest Rd and Bryce Mill Road, 27613
            (pole inaccessible)

    4. Section 15.3(m) of the Rules defines harmful interference as "any
       emission, radiation or induction that endangers the functioning of a
       radio navigation service or of other safety services or seriously
       degrades, obstructs or repeatedly interrupts a radiocommunications
       service operating in accordance with this chapter." Section 15.5(c) of
       the Rules requires that "The operator of the radio frequency device
       shall be required to cease operating the device upon notification by a
       Commission representative that the device is causing harmful

    5. Duke Energy is hereby notified that operation of the power-line
       facilities at the noted locations is causing interference in violation
       of Section 15.5(b) of the Rules. Accordingly, Duke Energy is directed
       to cease operations at the noted locations immediately until it can
       affect repairs. Failure to do so can subject you to additional
       enforcement action.

    6. If you choose to do so, you may respond to this citation within 20
       days from the date of this letter either through (1) a personal
       interview at the Commission's Field Office nearest to your place of
       business, or (2) a written statement. Your written response must fully
       explain each violation, must contain a statement of the specific
       action(s) taken to mitigate interference, specifically (1) indicate
       that radio-frequency radiation from all noted locations has been
       eliminated or substantially reduced and (2) list each location
       serviced and each part that required replacement or repair. The
       response must be complete in itself and signed by a principal or
       officer of Duke Energy. All replies and documentation sent in response
       to this Citation should be marked with the File No EB-09-NF-0123 and
       mailed to the following address:

   Federal Communications Commission

   Norfolk Office

   1457 Mt Pleasant Rd Ste 113

   Chesapeake VA 23322

    7. If you choose to request a personal interview, the closest FCC Office
       is noted above. You should contact this office by telephone, (XXX)
       XXXX-XXXX to schedule this interview, which must take place within 20
       days of this Citation.

    8. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.

    9. Violations of the Act or the Rules may subject the violator to
       substantial monetary forfeitures, seizure of equipment through in rem
       forfeiture action, and criminal sanctions, including imprisonment.

   10. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to Duke
       Energy at their address of record.


   Joseph P. Husnay

   Resident Agent

   Norfolk District Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 15.3(n).

   47 C.F.R. S: 15.5(b)

   47 C.F.R. S: 15.3(m).

   47 C.F.R. S: 15.5(c).

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

                       Federal Communications Commission



                       Federal Communications Commission