Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-PA-0157
Hinkletown Mennonite Church )
) Citation No.: C200932400003
Ephrata, Pennsylvania )
CITATION
Released: September 11, 2009
By the District Director, Philadelphia 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"), to Hinkletown
Mennonite Church ("Hinkletown") for violation of Section 15.5(b) of
the Commission's Rules ("Rules").
2. On August 12, 2009, the Enforcement Bureau's Philadelphia Office
received a complaint from Capital Area Communications ("Capital")
that emissions from an unidentified radio transmitter were causing
harmful interference to Capital's radio transmitting equipment on
the frequency 72.4 MHz. Capital is authorized by the Commission under
call sign KTI564 to operate the radio transmitter in Ephrata,
Pennsylvania at the coordinates 40o 10' 27.30" North Latitude 076 o
09' 29.8" West Longitude. During the investigation on August 13,
2009, the FCC agent determined that the source of the interfering
emissions was a Telex SoundMate synthesized transmitter device (Model
ST-200, FCC ID # B5DM508) that Hinkletown was operating at 2031
Division Highway, Ephrata, Pennsylvania 17522.
3. The Telex SoundMate synthesized transmitter device, Model ST-200, is
a Part 15 non-licensed intentional radiator. 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... ." 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
communications service operating in accordance with this chapter."
Section 15.5(c) of the Rules requires that "[t]he operator of the
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."
4. You are hereby notified that operation of the Telex SoundMate
synthesized transmitter device, Model ST-200, was causing harmful
interference to a licensed service, such that the licensed service was
seriously degraded, in violation of Section 15.5(b) of the Rules. You
are hereby also notified that operation of the Telex SoundMate
synthesized transmitter device, Model ST-200 must be stopped until the
cause of the harmful interference has been corrected, in accordance
with Section 15.5(c) of the Rules.
5. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
6. Hinkletown may request an interview at the closest FCC Office, which
is Federal Communications Commission, Enforcement Bureau, Northeast
Region, One Oxford Valley, Suite 404, 2300 East Lincoln Highway,
Langhorne, PA 19047. Hinkletown may contact this office by
telephone, (XXX) XXXX-XXXX to schedule this interview, which must take
place within 14 days of this Citation. Hinkletown 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-09-PA-0157 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. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
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
Hinkletown at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.5(b).
47 C.F.R. S: 15.3(m).
47 C.F.R. S: 15.5(c).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission