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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 )
CITATION
Released: January 27, 2010
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 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
imprisonment.
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.
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