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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-05-DT-278
)
Mr. Jim Humphrey ) Citation No.: C20063236001
d/b/a Farm Bureau Insurance )
)
Grand Haven, Michigan )
CERTIFIED MAIL NO.: 7003 1680 0001 9977 1784
RETURN RECEIPT REQUESTED
AND FIRST CLASS U.S. MAIL
CITATION
Released: December 19, 2005
By the District Director, Detroit Office, Northeast 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 Jim Humphrey d/b/a Farm Bureau
Insurance for violation of Sections 15.5(b) and 15.5(c)
of the Commission's rules (``Rules'').2
2. On February 23, 2005, Riley Hollingsworth, Special
Counsel in the FCC's Enforcement Bureau, sent a letter
notifying you that the office telephone system used in
the offices of Farm Bureau Insurance apparently are
causing interference to amateur radio operations.3 In
a subsequent telephone message to Mr. Hollingsworth,
you indicated that the telephone system had been
repaired and that the harmful interference had been
solved. The complainant, however, reported that the
interference had been only minimally reduced and Mr.
Hollingsworth sent a second letter requesting that you
advise his office within twenty days what steps you are
taking to resolve the interference.4 You did not
respond to Mr. Hollingsworth's letter.
3. On August 19, 2005, an agent from the FCC's
Detroit Field Office conducted an investigation at the
offices of Farm Bureau Insurance in Grand Haven,
Michigan, with Nancy Humphrey. The agent determined
that the office telephones, which are Part 15 devices
and part of a Panasonic KX-T7633 telephone system, were
causing interference to amateur radio operations in the
3.82-3.870 MHz band. The agent informed Mrs. Humphrey
of the interference findings and advised her that FCC's
rules require that Farm Bureau Insurance discontinue
use of the telephone equipment until the interference
is eliminated, either through modification or
replacement of the equipment.
4. As you previously were advised in the February 23,
2005 letter from Mr. Hollingsworth, Section 15.5(b) of
the Rules states that ``[o]peration of an intentional,
unintentional, or incidental radiator is subject to the
conditions that no harmful interference is caused . . .
. ''5 Section 15.5(c) of the Rules states ``The
operator of a radio frequency device shall be required
to cease operating the device upon notification by a
Commission representative that the device is causing
harmful interference. Operation shall not resume until
the condition causing the harmful interference has been
corrected.''
5. Violations of the Act or the Commission's Rules
may subject the violator to substantial monetary
forfeitures,6 seizure of equipment through in rem
forfeiture action, and criminal sanctions, including
imprisonment.7
6. Mr. Humphrey d/b/a Farm Bureau Insurance may
request an interview at the closest FCC Office, which
is Federal Communications Commission, 24897 Hathaway
Street, Farmington Hills, Michigan 48335.8 You may
contact this office by telephone, (XXX) XXX-XXXX, to
schedule this interview, which must take place within
14 days of this Citation. Mr. Humphrey d/b/a Farm
Bureau Insurance 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-DT-
278 and citation number when corresponding with the
Commission.
7. Any statement or information provided by you may
be used by the Commission to determine if further
enforcement action is required.9 Any knowingly or
willfully false statement made in reply to this
Citation is punishable by fine or imprisonment.10
8. 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. Jim Humphrey d/b/a Farm
Bureau Insurance at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
James Bridgewater
District Director, Detroit Office
Northeast Region
Enforcement Bureau
_________________________
147 U.S.C. § 503(b)(5).
247 C.F.R. §§ 15.5(b), 15.5(c).
3 See Letter from Mr. Riley Hollingsworth, Special Counsel,
Spectrum Enforcement Division, Enforcement Bureau, to Jim
Humphrey, dated February 23, 2005.
4 See Letter from Mr. Riley Hollingsworth, Special Counsel,
Spectrum Enforcement Division, Enforcement Bureau, to Jim
Humphrey, dated March 29, 2005.
5
647 C.F.R. § 1.80(b)(3).
747 U.S.C. §§ 401, 501, 503, 510.
847 U.S.C. § 503(b)(5).
9See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
10See 18 U.S.C. § 1001 et seq.