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VIA CERTIFIED MAIL-RETURN RECEIPT REQUESTED
August 17, 2009
Mr. David M. McClanahan, CEO
Center Point Energy, Inc.
(address withheld)
Houston, TX 77002
Re: Warning Notice
EB-09-GB-0108
Dear Mr. McClanahan:
On April 29, 2009, the Federal Communications Commission notified Center
Point Energy, Inc. that it had received complaints from (name withheld)
that equipment operated by your utility might be causing harmful radio
interference to his amateur radio equipment. (name withheld)'s contact
information is as follows:
(name withheld)
(address withheld)
Spring, TX 77373
Tel: (number withheld)
The April 29, 2009 letter advised Center Point Energy, Inc. that the
interference, if unresolved, could be a violation of Commission rules. For
this reason, we encouraged Center Point Energy, Inc. to voluntarily
resolve the matter without Commission intervention. The letter
specifically stated, however, that if it became necessary for the
Commission to facilitate a resolution, the Commission might investigate
possible rule violations and address appropriate remedies, including
monetary forfeitures. Commission records indicate that we did not receive
a response from Center Point Energy, Inc. to the April 29, 2009 letter.
Likewise, (name withheld) reports that there has been no reduction in the
radio frequency interference.
Quite often in preparing a response to these letters, a utility will
indicate that they have spent countless hours locating and correcting
"noise" in and around the residence of the amateur. Unfortunately, those
sources of "noise" are not the noise that is causing interference to the
amateur. It is not the Commission's intent that the utility should correct
all sources of "noise" in and around the amateur's residence; rather, it
is our intent that you locate and eliminate the specific noise causing
radio frequency interference to (name withheld). In order to correctly
identify and then eliminate the source of (name withheld)'s specific radio
interference, staff from Center Point Energy, Inc. will need to visit
(name withheld)'s residence and listen to the noise on his amateur
equipment. Once your staff has heard (name withheld)'s specific "noise,"
they will be better equipped to locate and correct the specific source of
his radio interference.
In order to avoid enforcement action on this matter, you have thirty (30)
days from the date of receipt of this warning to respond to this office at
the following address: 1270 Fairfield Road, Gettysburg, PA 17325. The
response must contain a statement of when you visited (name withheld)'s
residence and after that visit, the specific action(s) taken to identify
and eliminate the source(s) of (name withheld)'s radio interference. If
you have any questions about this matter, please contact me at
717-338-2577.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Enforcement Bureau
cc: Dallas Field Office
South Central Regional Director
Fines normally range from $7,500 to $10,000.