Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-07-DL-078
Lubbock Power & Light )
) Citation No.: C20073250016
Lubbock, Texas, 79403 )
CITATION
Released: July 25, 2007
By the District Director, Dallas 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”),[1] to Lubbock Power & Light for violation of Section 15.5(b) of the Rules.[2]
2. An investigation by the Commission’s Dallas Office of the Enforcement Bureau revealed that on May 22-25, 2007, Lubbock Power & Light caused harmful interference to the reception of amateur communications by amateur licensee W5KFT in Lubbock, Texas.
3. Section 15.5(b) states “[o]peration of an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful interference is caused.”[3] 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 communication service operating in accordance with this chapter.”[4] 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.”[5] Lubbock Power & Light’s electrical distribution system is an incidental radiator and violates Section 15.5(b) of the Rules.
4. Section 15.209 sets the general radiated emission limits for intentional radiators. The limit for the band 30 to 88 MHz is 100 micro-volts per meter measured at 3 meters.[6] The attached list of strong electrical arcing points appears to exceed the value allowed even for intentional radiators.
5. Violations of the Act or the Commission’s Rules may subject the violator to substantial monetary forfeitures,[7] seizure of equipment through in rem forfeiture action, and criminal sanctions, including imprisonment.[8]
6. Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, Lubbock Power & Light is directed to provide the documents and information specified herein, within 10 days from the date of this Citation:
Because the source of harmful interference is emanating from more than one power company and past attempts have not resolved the problem, you must submit a written plan describing the planned resolution of this case including coordination with Xcel Energy.
7. Additionally, pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, Lubbock Power & Light is directed to provide a report every sixty (60) days, of work completed to resolve the interference until your distribution system is in compliance.
8. Lubbock Power & Light may request an interview at the closest FCC Office, which is Federal Communications Commission, 9330 LBJ Freeway, Suite 1170, Dallas, Texas 75243.[9] You may contact this office by telephone, (XXX) XXXX-XXXX to schedule this interview, which must take place within 14 days of this Citation. Lubbock Power & Light 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-07-DL-078 when corresponding with the Commission.
9. Any statement or information provided by you may be used by the Commission to determine if further enforcement action is required.[10] Any knowingly or willfully false statement made in reply to this Citation is punishable by fine or imprisonment.[11]
10. IT IS ORDERED that copies of this Citation shall be sent by First Class U.S. Mail and Certified Mail, Return Receipt Requested to Lubbock Power & Light at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director, Dallas Office
South Central Region
Enforcement Bureau
Strong electrical arcing points noted near Amateur licensee’s residence.
1 / Memphis / 66th
2 / Nashville/Memphis/Lynnhaven / 82nd
3 / Kenosha / Alley South of 61st
4 / Memphis / 58/59th
5 / Memphis / 59/60th
6 / Memphis / 74th
7 / Oxford / Nashville/62nd
8 / Oxford / Nashville/Norfolk
9 / 56th / East of Richmond
10 / 57th / East of Richmond
11 / Indiana / 58/59th
12 / Indiana / 60/61st
13 / Indiana / 74th
14 / Indiana / 82nd
15 / Indiana / South Loop 289
16 / Indiana / South of 82nd at TacoVilla
17 / Orlando / 51/52nd
18 / Peoria / 55th
19 / Quaker / 54/55th
20 / Quaker / 58th
21 / Quaker / 60/61st
22 / Quaker / 61/62nd
23 / Quaker / 63/64th
24 / Utica / Alley North of 7002A
25 / Elgin / 54/55th
26 / Elgin / 57/58th
27 / Elgin / 58/59th
28 / Elgin / 60/61st
29 / Elgin / 61/62nd
30 / Elgin / 67/68th
31 / Elgin / 68/69th
32 / Elgin / 74th
33 / Elgin / 77/78th
34 / Elgin / 80/81st
35 / Indiana / 94/95th
36 / Raleigh / 51st
37 / Salem / 51/52nd
38 / Salem / 82nd
39 / Utica / 52/53rd
40 / Utica / 54/55th
41 / Utica / 55/56th
42 / Utica / 58/59th
43 / Utica / 63/64th
44 / Indiana / 73rd
2
[1] 47 U.S.C. § 503(b)(5).
[2] 47 C.F.R. § 15.5(b).
[3] 47 C.F.R. § 15.5(b).
[4] 47 C.F.R. § 15.3(m).
[5] 47 C.F.R. § 15.3(n).
[6] 47 C.F.R. § 15.209
[7] 47 C.F.R. § 1.80(b)(3).
[8] 47 U.S.C. §§ 401, 501, 503, 510.
[9] 47 U.S.C. § 503(b)(5).
[10] See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
[11] See 18 U.S.C. § 1001 et seq.