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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-10-PO-0040
Costco Wholesale Store )
) Citation No.: C201032920002
Eugene, Oregon )
CITATION
Released: May 5, 2010
By the Resident Agent, Portland Resident Agent Office, Western 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 Costco
Wholesale Store ("Costco") for violation of Section 15.5(b) of the
Commission's rules.
2. Investigation by the Enforcement Bureau's Portland Resident Agent
Office revealed that on April 29, 2010, Costco operated a Part 15
device that was causing interference to Sprint's cellular phone
frequency 821.1375 MHz.
3. Section 15.5(b) of the Rules states "[o]peration of an intentional,
unintentional, or incidental radiator is subject to the conditions
that no harmful interference is caused . . . ."
4. On April 29, 2010, in response to a complaint of interference to
Sprint's cellular phone frequency 821.1375 MHz, an agent from the
Portland Office investigated the allegation and determined that the
source of the interfering signal was a Part 15 device, manufactured by
Symbol Technologies Inc, Model Spectrum One 3850-N3R, FCCID# H9P3850C,
installed inside the Costco store in Eugene, Oregon.
5. 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.
6. Costco may request an interview at the closest FCC Office, which is
Federal Communications Commission, 11410 NE 122nd Way, Suite 312,
Kirkland, Washington 98034. You may contact this office by telephone,
(XXX) XXX-XXXX, to schedule this interview, which must take place
within 14 days of this Citation. Costco 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-10-PO-0040 when corresponding with the Commission.
7. 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.
8. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Costco
Wholesale Store at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent, Portland Resident Agent Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.5(b).
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