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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-05-PO-070
)
Mr. Bill Burnham ) Citation No.: C20053292002
)
Portland, Oregon )
CITATION
Released: March 30, 2005
By the Resident Agent, Portland Office, Western 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 Mr. Bill Burnham for violation
of Section 15.5(b) of the Commission's rules
(``Rules'').2
2. Investigation by the FCC's Portland Office
revealed that on March 18, 2005, a Part 15 device3 at
the residence of Mr. Bill Burnham in Portland, Oregon
was causing interference to amateur radio frequency
447.325 MHz.
3. Section 15.5(b) of the Rules states ``[o]peration
of an intentional, unintentional, or incidental
radiator is subject to the conditions that no harmful
interference is caused . . . . ''4
4. On March 16, 2005, the FCC's Portland Office
received a complaint of interference to amateur radio
frequency 447.325 MHz. On March 18, 2005, an agent
from the Portland Office investigated the allegation
and located the interfering signal emanating from a
motor home owned by Mr. Burnham. Further investigation
revealed that the source of the interfering signal was
a Winegard amplified television antenna, installed on
the roof of the referenced motor home owned by Mr.
Burnham.
5. These Winegard antenna amplifiers have been the
source of radio frequency interference in a number of
cases. As a result of this interference, Winegard has
agreed to replace the defective units at no charge (see
Winegard Internet site www.winegard.com ). Mr. Burnham
will need to contact Winegard at (319) 754-0600 or 800-
856-4350 in Burlington, Iowa to make arrangements for
them to replace the defective unit. Due to the
continuing radio communications interference caused by
the Winegard amplified television antennas, we request
that Mr. Burnham return the defective Winegard antenna
to the FCC at the address indicated below for testing
after it is replaced.
6. Violations of the Act or the Commission's Rules
may subject the violator to substantial monetary
forfeitures,5 seizure of equipment through in rem
forfeiture action, and criminal sanctions, including
imprisonment.6
7. Mr. Burnham may request an interview at the
closest FCC Office, which is Federal Communications
Commission, 11410 NE 122nd Way, Suite 312, Kirkland,
Washington 98034.7 You may contact this office by
telephone, (360) 696-6707, to schedule this interview,
which must take place within 14 days of this Citation.
Mr. Burnham 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 violations
outlined above. Please reference file number EB-05-PO-
070 when corresponding with the Commission.
8. Any statement or information provided by you may
be used by the Commission to determine if further
enforcement action is required.8 Any knowingly or
willfully false statement made in reply to this
Citation is punishable by fine or imprisonment.9
9. IT IS ORDERED that copies of this Citation shall
be sent by First Class U.S. Mail and Certified Mail,
Return Receipt Requested to Mr. Bill Burnham at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent, Portland Office
Western Region
Enforcement Bureau
_________________________
147 U.S.C. § 503(b)(5).
247 C.F.R. §§ 15.5(b).
347 C.F.R. § 15.1 et seq.
447 C.F.R. § 15.5(b).
547 C.F.R. § 1.80(b)(3).
647 U.S.C. §§ 401, 501, 503, 510.
747 U.S.C. § 503(b)(5).
8See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
9See 18 U.S.C. § 1001 et seq.