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Federal Communications Commission DA 18-18 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Lithia Toyota of Grand Forks
Grand Forks, North Dakota
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File No.:  EB-FIELDWR-16-00021955
CITATION AND ORDER
Lighting Devices Causing Harmful Interference to LTE Communications
Adopted:  January 9, 2018 Released:  January 9, 2018
By the Regional Director, Region Three, Enforcement Bureau:
I. NOTICE OF CITATION
1. This CITATION AND ORDER (Citation) notifies Lithia Toyota of Grand Forks of its 
obligation to stop operating devices that are causing interference to licensed radio operations and to 
comply with federal rules and regulations related to radio frequency devices.  This includes industrial 
devices such as lighting that utilize radio frequencies in their operation.  Failure to take action to resolve 
the interference may result in severe penalties, including fines up to $16,000 per day.
2. This is an official Citation issued pursuant to section 503(b)(5) of the Communications 
Act of 1934, as amended (Act),
1
 to Lithia Toyota of Grand Forks (Lithia or Dealership), an automotive 
dealership located at 2473 32
nd
 Avenue South, in Grand Forks, ND.  Specifically, Lithia 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.
2
3. Notice of Duty to Comply With Laws:  Lithia should take immediate steps to come into 
compliance with the Commission’s rules, including eliminating the interference.  Lithia 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 Commission’s 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
4. Your Response Required:  Pursuant to Sections 4(i), 4(j), and 403 of the 
Communications Act,
4 
we also direct Lithia 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 
1
 47 U.S.C. § 503(b)(5).
2
 47 CFR §§ 18.111(b), 18.115(a).
3
 See 47 U.S.C § 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).
4
 47 U.S.C. §§ 154(i), 154(j), 403.
Federal Communications Commission DA 18-18 
response must be signed under penalty of perjury.
II. BACKGROUND
5. On April 27, 2016, Verizon Wireless (Verizon) filed a complaint with the FCC 
5
 which 
indicated that radio emissions were causing interference to a Verizon 700 MHz LTE cell site along 32nd 
Avenue South in Grand Forks, North Dakota.  Verizon stated that the “interference appears during the 
evening hours” and disappeared “at daylight.”  Verizon noted that the interference appeared to correspond 
with the outdoor portal lighting schedule of the nearby Toyota dealership.  Verizon made an appointment 
with a Lithia representative, testing for this correlation during the daytime via an on/off test of the portal 
lighting that operates from the front of the Dealership.  Lithia agreed to leave the portal lighting off that 
evening, resulting in a “considerable noise floor drop” illustrated by cell site statistics.  Verizon contacted 
the FCC when Lithia failed to take corrective action.
6. On March 22, 2017, in response to Verizon’s continuing complaints that the interference 
had not been resolved, an agent from the Denver Office conducted an on-scene investigation.  Direction 
finding techniques supported the allegation that Lithia was the source of the interference.  Subsequent on-
off tests of the portal lighting, with Lithia’s General Manager present, confirmed the portal lighting to be 
the source of the interference.  The lighting is generated by Philips Model Number QL55W/840 induction 
lighting devices.
7. On March 22, 2017, the Denver Office issued an on-scene warning notice (Warning) to 
Lithia, in which Lithia was informed that it was in “operation of a radio frequency radiating device” (an 
unintentional radiator, i.e. the light portal), which was causing harmful interference to radio 
communications.  The letter stated that the RF energy emanating from the device was detected between 
776-787 MHz, frequencies reserved for cellular operation.  Furthermore, the Warning provided citations 
to applicable FCC rules and regulations, with which the subject was advised they must comply.  Lithia 
verbally agreed to make a good faith effort to resolve the problem.  A conference call with Lithia and 
Verizon representatives on June 28, 2017, confirmed that the interference had not been resolved.
III. APPLICABLE LAW AND VIOLATIONS
8. The RF lighting devices at issue here are ISM equipment regulated under Part 18 of the 
Commission's rules.  Section 18.111(b) of the Commission’s 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 Commission’s 
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 Commission’s 
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 Commission’s rules states that when “notified by the [Regional Director] 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 Commission’s rules states that an 
“interim report on investigation and corrective measures taken pursuant to § 18.115 of this part shall be 
filed with the Regional Director of the local FCC office within 30 days of notification of harmful 
interference.  The final report shall be filed with the Regional Director within 60 days of notification.” 
9. Based on the foregoing evidence, we find that Lithia has violated Sections 18.111(b) and 
18.115(a) of the Commission’s rules by failing to promptly eliminate the interference.
5
 Cellular Telephone Interference Report, Reference CTIX-1461779017.  See EBATS Case No. EB-FIELDWR-16-
00021955.  CellCo Partnership, a wholly-owned subsidiary of Verizon, holds the license for WQJQ691, the C-Block 
(776-787 MHz) license in the area including Grand Forks, ND.  See 
http://wireless2.fcc.gov/UlsApp/UlsSearch/license.jsp?licKey=3060318. 
Federal Communications Commission DA 18-18 
IV. REQUEST FOR INFORMATION
10. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act, and 18.117(a) of the 
Commission’s rules, Lithia 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 
Regional Director 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 Lithia to additional sanctions.  
V. FUTURE VIOLATIONS 
11. If, after receipt of this Citation, Lithia again violates Section 18.111(b) or 18.115(a) of 
the Commission’s 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 $122,500 for any single act or failure to act.
6
  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 Commission’s rules also can result in seizure of 
equipment through in rem forfeiture actions, as well as criminal sanctions, including imprisonment.
7
VI. OPPORTUNITY TO RESPOND TO THIS CITATION
12. In addition to the required written information described in paragraphs 4, 8, and 10, 
above, Lithia 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.
13. If you would like to arrange a teleconference or personal interview, please contact Lark 
Hadley at (562) 860-7474. The nearest Commission Field Office is located in Denver, Colorado.  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 13, below.
14. All written communications, including the information requested in paragraphs 4, 8 and 
10, above, should be sent to the addresses below.
Federal Communications Commission
Region Three 
11331  183
rd
 Street
PMB #365
Cerritos, California 90703
FIELD@FCC.GOV
Re:  EB-FIELDWR-16-00021955
6
  See 47 U.S.C. §§ 401, 501, 503; 47 CFR § 1.80(b)(7).  This amount is subject to further adjustment for inflation 
and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at 
the time of the violation.  
7
 See 47 U.S.C. § 510.
Federal Communications Commission DA 18-18 
15. Reasonable accommodations for people with disabilities are available upon request.  If 
applicable, please include a description of the accommodation you will need, and include as much detail 
as possible.  Also include a telephone number where 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).  
16. Please be advised that it is a violation of Section 1.17 of the Commission’s rules.
8
 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.
17. 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. § 1001.
18. 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 forfeitures pursuant to Section 503 
of the Communications Act.
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19. Under the Privacy Act of 1974, 5 U.S.C. § 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.
VII. ORDERING CLAUSES
20. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the Communications 
Act, Lithia must provide the written information requested in paragraphs 4, 8 and 10, above.  The 
response to the request for information must be provided in writing, signed under penalty of perjury by an 
authorized official at Lithia 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.
8
 47 C.F.R. § 1.17.
9
 47 U.S.C. § 503.
Federal Communications Commission DA 18-18 
21. 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 Lithia Toyota of Grand Forks 
at 2473 32nd Ave S, Grand Forks, ND 58201.
FEDERAL COMMUNICATIONS COMMISSION
Lark Hadley
Regional Director
Region Three
Enforcement Bureau