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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Brookfield Office Properties ) File No.: EB-FIELDWR-13-00008470
Ernst & Young Plaza ) Citation No.: C201432900003
)
Los Angeles, CA )
CITATION AND ORDER
Lighting Ballasts Causing Harmful Interference
Adopted: February 6, 2014 Released: February 7, 2014
By the District Director, Los Angeles Office, Western 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 Brookfield Office Properties
(Brookfield), owner of the Ernst & Young Plaza building (Building) at
725 South Figueroa Street in Los Angeles, CA. Specifically, Brookfield
is being cited for operating industrial, scientific, and medical (ISM)
equipment and causing harmful interference in violation of Sections
18.111(b) and 18.115(a) of the Commission's rules (Rules).^
2. Notice of Duty to Comply With Laws: Brookfield should take steps to
come into compliance with the Rules, including eliminating the
interference. Brookfield is hereby on notice that if it subsequently
engages in any conduct of the type described in this Citation,
including any violation of Sections 18.111(b) or 18.115(a) of the
Rules, it may be subject to civil and criminal penalties, including
but not limited to substantial monetary fines (forfeitures). 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 Brookfield to respond in
writing, within thirty (30) calendar days after the release date of
this Citation, with specific actions taken to preclude recurrence of
the violations. The response must be signed under penalty of perjury.
II. BACKGROUND
4. On April 30, 2013, agents from the Enforcement Bureau's Los Angeles
Office (Los Angeles Office) visited the Building and informed the
Building's Property Manager that Verizon Wireless alleged that GE
fluorescent lighting electronic ballasts in the Building were the
source of radio emissions causing interference to the Verizon Wireless
700 MHz LTE cell site. The Property Manager informed the agents that
Verizon Wireless had already notified them of the interference, and
that Brookfield's lighting contractor was still investigating the
problem. The agents provided the Property Manager with a copy of the
GE Lighting, Product Bulletin (GE Bulletin).^ The GE Bulletin states
that GE UltraMax ballasts were "tested in accordance with applicable
FCC Part 18 requirements," and that a small number "produced
unintentionally high-frequency radio emissions that have the potential
to cause interference with certain types of wireless communications."
^ ^ ^ On May 7, 2013, the Los Angeles Office issued a warning letter
to Brookfield advising it to investigate the lighting ballasts used in
the Building and, pursuant to Section 18.117(a) of the Rules,^ to
provide the Los Angeles Office with an interim report within 30 days,
and a final report within 60 days, concerning its investigation.^ As
of the date of this Citation, neither report has been received.
5. On November 21, 2013, in response to Verizon Wireless' continuing
complaints that the interference had not been resolved, agents from
the Los Angeles Office used portable direction-finding equipment and
confirmed radio emissions on Verizon Wireless' licensed 700 MHz
frequencies were emanating from ceiling fluorescent lights/ballasts
inside the Building. The agents observed the ballast in use was a GE
UltraMax labeled with a Product and Date Code covered by the GE
Bulletin.
III. APPLICABLE LAWS AND VIOLATIONS
6. The RF lighting devices at issue here are ISM equipment regulated
under Part 18 of the Rules.^ Section 18.111(b) of the Rules states
that "the operator of ISM equipment that causes harmful interference
to any authorized radio service shall promptly take whatever steps may
be necessary to eliminate the interference."^ Similarly, Section
18.115(a) of the Rules states that the "operator of ISM equipment that
causes harmful interference to radio services shall promptly take
appropriate measures to correct the problem."^ Section 18.107(b) of
the Rules' definition of harmful interference includes interference
that "seriously degrades, obstructs or repeatedly interrupts a radio
communication service operating in accordance with this chapter."^
Section 18.115(c) of the Rules states that when "notified by the
[District Director of the local FCC office] that a particular
installation is causing harmful interference, the operator or
manufacturer shall arrange for an engineer skilled in techniques of
interference measurement and control to make an investigation to
ensure that the harmful interference has been eliminated."^ Section
18.117(a) of the Rules states that an "interim report on investigation
and corrective measures taken pursuant to S 18.115 of this part shall
be filed with the [District Director] of the local FCC office within
30 days of notification of harmful interference. The final report
shall be filed with the [District Director] within 60 days of
notification."^
7. As of the date of this Citation, Verizon Wireless continues to report
receiving interference from the emissions emanating from the Building
and Brookfield has failed to eliminate the interference being caused
by its operation of the GE ballasts. Based on the foregoing evidence,
we find that Brookfield has violated Sections 18.111(b) and 18.115(a)
of the Rules by failing to promptly eliminate the interference.
IV. REQUEST FOR INFORMATION
8. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
and 18.117(a) of the Rules,^ Brookfield is directed to provide this
office within 30 days of the release of this Citation, with an interim
report on the investigations and corrective measures it has taken to
eliminate the harmful interference, as well as a timeline for any
pending corrective actions. A final report shall be filed with the Los
Angeles Office within 60 days of the release date.^ A failure to
respond in writing, or the provision of an inadequate, incomplete, or
misleading response, may subject Brookfield to additional sanctions.^
V. RESPONDING TO THIS CITATION
9. In addition to the required written information described in
paragraphs 3 and 8, above, Brookfield may, if it 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.
10. If you would like to arrange a teleconference or personal interview,
please contact Charles A. Cooper at (562) 860-7474. The nearest
Commission Field Office is located in Cerritos, California. 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 11, below.
11. All written communications, including the information requested in
paragraphs 3 and 8, above, should be provided to the address below.
Federal Communications Commission
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, California 90703
Re: EB-FIELDWR-13-00008470
12. 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).
13. 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.^
14. 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.
15. 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.^
16. 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
17. If, after receipt of this Citation, Brookfield again violates Section
18.111(b) or 18.115(a) 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.^
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
18. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Brookfield Office Properties must provide the
written information requested in paragraphs 3 and 8, above. The
response to the request for information must be provided in writing,
signed under penalty of perjury by an authorized official at
Brookfield Office Properties with personal knowledge 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.
19. 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 Brookfield Office Properties, Ernst & Young Plaza, 725
South Figueroa Street, Suite 1850, Los Angeles, CA 90017.
FEDERAL COMMUNICATIONS COMMISSION
Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau
^ 47 U.S.C. S 503(b)(5).
^ 47 C.F.R. SS 18.111(b), 18.115(a).
^ 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.
^ See GE Lighting, Product Bulletin, May 2, 2012, GE Lighting, Product
Service Department, issued May 2, 2012. The bulletin is addressed to GE
Customers, stating that a small number of the 2-lamp GE UltraMax ballasts
were found to produce high-frequency radio emissions, and provided steps
to identify the affected ballast by Product and Date Code, and
instructions on how to exchange the units. Id. at 1-3.
^ Id. at 1. The GE Bulletin also stated that affected ballasts would be
exchanged by GE. Id.
^ 47 C.F.R. S 18.117(a).
^ Warning Letter from Charles A. Cooper, District Director, Los Angeles
Office, to Brookfield Properties (May 7, 2013) (on file in
EB-FIELDWR-13-00008470).
^ 47 C.F.R. SS 18.101 et seq.
^ 47 C.F.R. S 18.111(b).
^ 47 C.F.R. S 18.115(a).
^ 47 C.F.R. S 18.107(b).
^ 47 C.F.R. S 18.115(c).
^ 47 C.F.R. S 18.117(a).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ 47 C.F.R. S 18.117(a).
^ Id.
^ 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 supra, paragraph 2.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
Federal Communications Commission DA 14-148
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Federal Communications Commission DA 14-148