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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ronald Bethany ) File No.: EB-FIELDSCR-13-00010114
dba Perfect Cuts Salon ) Citation No.: C201432540001
San Antonio, TX )
CITATION AND ORDER
Incidental Radiator Causing Harmful Interference
Adopted: October 25, 2013 Released: October 28, 2013
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. This is an official CITATION AND ORDER (Citation) issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to Ronald Bethany dba Perfect Cuts Salon
(Mr. Bethany). Specifically, Mr. Bethany is being cited for operating
incidental radiators and causing harmful interference in violation of
Section 15.5(b) of the Commission's rules (Rules).^
2. Notice of Duty to Comply With Laws: Mr. Bethany should ensure that he
does not utilize the incidental radiators prior to their repair or
replacement and should take steps to eliminate all harmful
interference. Mr. Bethany is hereby on notice that if he subsequently
engages in any conduct of the type described in this Citation,
including any violation of Section 15.5(b) of the Rules, he may be
subject to civil penalties, including but not limited to substantial
monetary fines (forfeitures) and seizure of equipment. Such
forfeitures may be based on both the conduct that led to this Citation
and the conduct following it.^
3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct Mr. Bethany to respond in
writing, within thirty (30) calendar days after the release date of
this Citation. The response must state that he has ceased operating
the incidental radiators and describe the specific action(s) taken or
planned to eliminate all harmful interference. The response must be
signed under pernalty of perjury.
II. BACKGROUND
4. On July 24, 2013, in response to complaints of interference to
licensed communications, an agent from the Commission's Houston Office
of the Enforcement Bureau (Houston Office) used direction finding
techniques to locate the source of transmissions on 705 MHz to the
Perfect Cuts Salon business at 1968 South W.W. White Road, San
Antonio, Texas. The agent used a spectrum analyzer and a hand held
antenna to confirm that the signals on 705 MHz were emanating from the
overhead fluorescent lighting in the salon. The agent then interviewed
Mr. Bethany, the owner of the salon, who stated that representatives
of AT&T had conducted on/off testing in the salon and confirmed that
the interior fluorescent lighting was the source of interference to an
AT&T cell site located next door. Mr. Bethany further stated that he
had unsuccessfully asked General Electric, the manufacturer of the
fluorescent lighting, to replace the lighting.^ Mr. Bethany would not
cooperate, so the agent from the Houston Office was unable to conduct
on/off testing of the fluorescent lighting in the salon. The agent
verbally warned Mr. Bethany that he must repair or replace the
lighting fixture to resolve the interference. On July 31, 2013, the
agent spoke by telephone with Mr. Bethany, who stated that the
lighting was not causing him any problems and that he saw no reason to
repair or replace them unless he was paid to do so. The agent
reiterated that Mr. Bethany must resolve the interference or be in
violation of the Rules.
III. APPLICABLE LAWS AND VIOLATIONS
5. 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 15.3(m)
of the Rules defines harmful interference as "any emission, radiation
or induction that . . . seriously degrades, obstructs or repeatedly
interrupts a radio communications service operating in accordance with
this chapter."^ Section 15.3(n) defines an "incidental radiator" as
"[a] device that generates radio frequency energy during the course of
its operation although the device is not intentionally designed to
generate or emit radio frequency energy."^ Section 15.5(c) of the
Rules requires that "[t]he 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."^
6. Pursuant to Section 15.5(c) of the Rules, on July 24, 2013, Mr.
Bethany was notified that incidental radiators, the lighting fixtures,
were causing harmful interference to licensed communications. On July
31, 2013, Mr. Bethany stated that he would not pay to repair or
replace the lighting and that he had not resolved the interference
issue. To date, AT&T continues to report receiving interference at its
cell site next door to Mr. Bethany's salon. Based on the foregoing
evidence, we find that Mr. Bethany violated Section 15.5(b) of the
Rules by operating incidental radiators and causing harmful
interference. Moreover, Mr. Bethany is directed to cease operation of
the incidental radiators, the lighting fixtures, immediately, until
the interference can be resolved.
IV. REQUEST FOR INFORMATION
7. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
Mr. Bethany is directed to describe the steps he has taken or plans
to take to eliminate the harmful interference caused by his incidental
radiators, i.e., lighting fixtures, as well as a timeline for any
pending corrective actions, within thirty (30) calendar days after the
release date of this Citation. A failure to respond in writing, or an
inadequate, incomplete, or misleading response, may subject Mr.
Bethany to additional sanctions.^
V. RESPONDING TO THIS CITATION
8. In addition to the required written information described in
paragraphs 3 and 7, above, Mr. Bethany may, if he so chooses, respond
to this Citation--challenging the factual and legal findings
herein--within thirty (30) calendar days from the release date of this
Citation either through (1) a written statement, (2) a teleconference
interview, or (3) a personal interview at the Commission Field Office
nearest to your place of business.
9. If you would like to arrange a teleconference or personal interview,
please contact Stephen Lee at 713-983-9763. The nearest Commission
Field Office is located in Houston, Texas. Such teleconference or
interview must take place within thirty calendar (30) days of the date
of this Citation. If you would like to submit a written response,
including any supporting documentation, you must send the response
within thirty (30) calendar days of the date of this Citation to the
contact and address provided in paragraph 10, below.
10. All written communications, including the information requested in
paragraphs 3 and 7, above, should be provided to the address below.
Stephen P. Lee
Federal Communications Commission
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
Re: EB-FIELDSCR-13-00010114
11. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include as much detail as you can. Also include a way we can
contact you if we need more information. Please allow at least five
(5) business days advance notice; last minute requests will be
accepted, but may be impossible to fill. Send an e-mail to
fcc504@fcc.gov or call the FCC's Consumer & Governmental Affairs
Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format): 202-418-0531 (voice), 202-418-7365 (tty).
12. Please be advised that it is a violation of Section 1.17 of the
Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
of that person to make any false or misleading written or oral
statement of fact. Specifically, no person shall:
(1) In any written or oral statement of fact, intentionally provide
material factual information that is incorrect or intentionally omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading; and
(2) In any written statement of fact, provide material factual information
that is incorrect or omit material information that is necessary to
prevent any material factual statement that is made from being incorrect
or misleading without a reasonable basis for believing that any such
material factual statement is correct and not misleading.^
13. Further, the knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this Citation is
punishable by fine or imprisonment under 18 U.S.C. S 1001.
14. If you violate Section 1.17 of the Commission's rules or the criminal
statute referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Communications
Act.^
15. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material
information before it, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications
Act and the Commission's rules.
VI. FUTURE VIOLATIONS
16. If, after receipt of this Citation Mr. Bethany again violates Section
15.5(b) of the Rules by engaging in conduct of the type described
herein, the Commission may impose monetary forfeitures not to exceed
$16,000 for each such violation or each day of a continuing violation,
and up to $112,500 for any single act or failure to act.^ For
instance, the Commission could impose separate forfeitures for each
day on which his incidental radiators cause harmful interference.
Further, as discussed above, such forfeitures may be based on both the
conduct that led to the Citation and the conduct following it.^ In
addition, violations of the Communications Act or the Rules also can
result in seizure of equipment through in rem forfeiture actions,^ as
well as criminal sanctions, including imprisonment.^
VII. ORDERING CLAUSES
17. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Ronald Bethany must provide the written
information requested in paragraphs 3 and 7, above. The response to
the request for information must be provided in writing, signed under
penalty of perjury by Mr. Bethany verifying the truth and accuracy of
the information and representations provided in the written response,
and must be received by the FCC within thirty (30) calendar days after
the release date of this Citation and Order.
18. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
sent both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested, to Ronald Bethany, dba Perfect Cuts Salon, 1968 South W.W.
White, San Antonio, Texas 78222.
FEDERAL COMMUNICATIONS COMMISSION
Stephen P. Lee
Resident Agent, Houston Office
South Central Region
Enforcement Bureau
^ 47 U.S.C. S 503(b)(5).
^ 47 C.F.R. S 15.5(b).
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (if a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ ^ A Commission agent received information, which Mr. Bethany confirmed,
that he rejected General Electric's offer to install replacement lighting,
because he sought cash to handle replacement and installation himself.
^ 47 C.F.R. S 15.5(b).
^ 47 C.F.R. S 15.3(m).
^ 47 C.F.R. S 15.3(n). Under this definition, light fixtures, such as the
ones used by Mr. Bethany, are incidental radiators. JTC's violation
regarding antenna structure number 1060089 demonstrates a deliberate
disregard of the Commission's rules that warrants stringent enforcement
action. JTC failed to correct the violation for more than six years
despite several warnings from FCC agents to comply with the registration
rule. In addition, the violation impacted the status of JTC's two
remaining antenna structures in Pinellas Park. The resulting combined risk
to passing aircraft demands a significant upward adjustment.^ As a result,
we propose a forfeiture in the amount of $9,000 for JTC's failure to
notify the Commission of the dismantlement of antenna structure number
1060089.^
^ 47 C.F.R. S 15.5(c).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
7599-7600, paras. 23-28 (2002) (imposing $100,000 forfeiture for egregious
and intentional misconduct, i.e., refusing to attest to truthfulness and
accuracy of responses to a Letter of Inquiry (LOI)); Connect Paging, Inc.
d/b/a Get A Phone, Forfeiture Order, 22 FCC Rcd 15146 (Enf. Bur. 2007)
(imposing $4,000 forfeiture for failure to respond to an LOI); BigZoo.Com
Corporation, Order of Forfeiture, 20 FCC Rcd 3954 (Enf. Bur. 2005)
(imposing $20,000 forfeiture for failure to respond to a USF LOI); Donald
W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur. 2003)
(imposing $4,000 forfeiture for failure to respond to an LOI). See also
World Communications Satellite Systems, Inc., Notice of Apparent Liability
for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) (proposing $10,000
forfeiture for a non-responsive reply to an LOI); Digital Antenna, Inc.,
Sunrise, Florida, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
7600 (Enf. Bur. 2007) (proposing $11,000 forfeiture for failure to provide
complete responses to an LOI).
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See paragraph 2, supra.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
Federal Communications Commission DA 13-2077
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Federal Communications Commission DA 13-2077