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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
NOTIFICATION OF HARMFUL INTERFERENCE
Released: December 3, 2009
By the Resident Agent. Norfolk Office, South Central 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 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
interference."
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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission