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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-09-AT-0069

   Sonic Drive-In Restaurant )

   ) Citation No.: C201032480001

   Portland, TN, 37148   )



                                                   Released: January 29, 2010

   By the District Director,  Atlanta  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 Sonic Drive-In
   Restaurant in Portland,

   Tennessee, for violation of Section 15.5(b) of the Commission's Rules

   2. Investigation by the FCC's Atlanta  Office of the Enforcement Bureau
   revealed that on December 23-29, 2009,  Sonic Drive-In Restaurant
   ("Sonic") in Portland, Tennessee operated an OPTEC LED sign, Model No.
   2040-5-RGB-Z-H-D-4896, which generated a signal which caused harmful
   interference to the international distress frequency band of 406-406.1 Mhz
   and specifically, 406.025 Mhz. When informed of the harmful interference,
   Sonic immediately turned off the sign and left it off until it could be
   repaired by the sign manufacturer.

   3. Section 15.5(b) of the Commission's Rules ("Rules") states that
   "Operation of an intentional, unintentional, or incidental radiator is
   subject to the conditions that no harmful interference is caused." 
   Harmful interference is defined as "[a]ny 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 radio communications service." Section 15.5(c) of the Rules 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."

   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.  Sonic or its representative  may request an interview at the closest
   FCC Office, which is Federal Communications Commission, Atlanta Field
   Office; 3575 Koger Blvd.; Suite 320; Duluth, GA 30096. You may contact
   this office by telephone, (XXX)  XXXX-XXXX to schedule this interview,
   which must take place within 14 days of this Citation. Sonic  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 violation outlined above. Please reference file
   number EB-09-AT-0069  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 Sonic
   Drive-In Restaurant at its address of record.


   Douglas G. Miller

   District Director, Atlanta Office

   South Central Region

   Enforcement Bureau

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

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

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

   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