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VIA CERTIFIED MAIL-RETURN RECEIPT REQUESTED
August 21, 2009
Mr. Grady E. Kidwell, President
Fannin County Electric Cooperative, Inc.
(address withheld)
Bonham, TX 75418-0250
Re: EB-09-GB-0240
Dear Mr. Kidwell:
On February 22, 2006, the Federal Communications Commission notified
Fannin County Electric Cooperative, Inc. (Fannin) 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)
Windom, Texas 75492
Tel: (number withheld)
The February 22, 2006 letter advised Fannin that the interference, if
unresolved, could be a violation of Commission rules. For this reason, we
encouraged Fannin 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. On January 26, 2007, the
Commission sent a second letter noting that while Fannin had made some
efforts to make repairs, (name withheld) had reported that the radio
interference problem had not been corrected. In July of 2007, Fannin
contacted the Commission and indicated that they had made repairs and not
received any further complaints from (name withheld).
We recognize that as of July of 2007, Fannin had believed the matter to be
resolved. (Name withheld), however, has advised the Commission that the
problem has returned and is seeking further assistance from Fannin in
resolving this matter. The Commission prefers that those responsible for
the proper operation of power lines assume their responsibilities fairly.
This means that your utility company should again locate the source of
this new interference caused by its equipment and make necessary
corrections within a reasonable time.
We note that 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 Fannin 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 sixty (60)
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.