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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-10-NY-0015

   Kevin Whitfield )

   ) Citation No.: C201032380001

   New York, New York )


                                                   Released: January 27, 2010

   By the District Director, New York Office, Northeast 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 Kevin Whitfield
       for violation of Section 15.5(b) of the Commission's Rules ("Rules").

    2. On January 15, 2010, the FCC's New York Office received a complaint
       from an FCC licensee concerning interference to its wireless
       telecommunications network in the 800 MHz uplink band in New York, New
       York. On January 19, 2010, an agent from the New York Office
       investigated the allegation and located the interfering signal
       emanating from an apartment building located at 259 West 144th Street,
       New York, New York 10030. Further investigation revealed that the
       source of the interfering signal was a Hawking Technologies HSB1 Wi-Fi
       amplifier, a Part 15 device, located in your residence.

    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 January 19, 2010, the agent
       warned the tenant at that location that they must cease operating the
       Wi-Fi amplifier because it was causing interference to a licensed
       wireless telecommunications network.

    4. Future 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

    5. Kevin Whitfield 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. You 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-10-NY-0015 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 Kevin
       Whitfield at his address of record.


   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(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


                       Federal Communications Commission