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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-FIELDSCR-13-00009401

   Caribe Federal Credit Union ) Citation No.: C201332680001

   )

   San Juan, PR )

                                    CITATION

                Incidental Radiator Causing Harmful Interference

   Adopted: July 17, 2013 Released: July 17, 2013

   By the Resident Agent, San Juan Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. This is an official CITATION (Citation) issued pursuant to Section
       503(b)(5) of the Communications Act of 1934, as amended
       (Communications Act or Act),^ to Caribe Federal Credit Union (CFCU).
       Specifically, CFCU is being cited for operating incidental radiators
       and causing harmful interference in violation of Sections 15.5(b) and
       15.5(c) of the Commission's rules (Rules).^

    2. Notice of Duty to Comply With Laws: CFCU should ensure that it does
       not utilize the incidental radiators prior to their repair or
       replacement and that it take steps to eliminate all harmful
       interference. CFCU  is hereby on notice that if it subsequently
       engages in any conduct of the type described in this Citation,
       including any violation of Section 15.5(b) of the Rules, it may be
       subject to civil penalties, including but not limited to substantial
       monetary fines (forfeitures) and seizure of equipment. Such
       forfeitures may be based on both the conduct that led to this Citation
       and the conduct following it.^

   II. BACKGROUND

    3. On June 12, 2013, in response to complaints of interference to
       licensed communications, an agent from the Commission's San Juan
       Office of the Enforcement Bureau (San Juan Office) used direction
       finding techniques to locate the source of transmissions on 712.5 MHz
       to the CFCU building at 193-195 O'Neill Street, San Juan, Puerto Rico.
       The agent conducted on/off testing and confirmed that CFCU's interior
       lighting on the highest ceiling within the facility (15 light fixtures
       about 40 feet above the floor) was the source of the interference. The
       agent observed the signal cease when the lighting was turned off, and
       the licensee confirmed that the interference ceased. On June 13, 2013,
       the agent informed CFCU's operations manager about the interference
       via telephone and directed CFCU to cease operation of the lighting
       fixtures, pending resolution of the interference. The agent reiterated
       the verbal warnings in writing via email on June 24, ^ 2013. On June
       25, 2013, due to renewed complaints of harmful interference, the agent
       again observed that transmissions on 712.5 MHz were emanating from the
       CFCU building. On June 28, 2013, CFCU acknowledged receipt of the
       written warning on June 24, 2013 and stated that the lights would be
       turned off at 3:00 P.M. that day.^

   III. APPLICABLE LAWS AND VIOLATIONS

    4. 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 15.3(n) defines an "incidental radiator" as
       "[a] device that generates radio frequency energy during the course of
       its operation although the device is not intentionally designed to
       generate or emit radio frequency energy."^ 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." ^ ^

    5. Pursuant to Section 15.5(c) of the Rules, on June 13, 2013, CFCU was
       notified that incidental radiators, the lighting fixtures, were
       causing harmful interference to licensed communications and was
       directed to cease operating the devices. On June 25, 2013, CFCU
       operated the incidental radiators and again caused harmful
       interference to licensed communications. CFCU acknowledged that it
       continued to operate the incidental radiators until June 28, 2013.
       Based on the foregoing evidence, we find that CFCU violated Sections
       15.5(b) and 15.5(c) of the Rules by operating incidental radiators and
       causing harmful interference.

   IV. RESPONDING TO THIS CITATION

    6. CFCU may, if it so chooses, respond to this Citation--challenging the
       factual and legal findings herein--within thirty (30) calendar days
       from the release date of this Citation either through (1) a written
       statement, (2) a teleconference interview, or (3) a personal interview
       at the Commission Field Office nearest to your place of business.

    7. If you would like to arrange a teleconference or personal interview,
       please contact Reuben Jusino at (787) 306-1193. The nearest Commission
       Field Office is located in San Juan, Puerto Rico. Such teleconference
       or interview must take place within thirty calendar (30) days of the
       date of this Citation. If you would like to submit a written response,
       including any supporting documentation, you must send the response
       within thirty (30) calendar days of the date of this Citation to the
       contact and address provided in paragraph 10, below.

    8. All written communications should be provided to the address below.

   Reuben Jusino

   Federal Communications Commission

   San Juan Office

     * Carlos Chardon Street, Room 762

   San Juan, PR 00918-1731

   Re: EB-FIELDSCR-13-00009401

    9. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will
       need, and include as much detail as you can. Also include a way we can
       contact you if we need more information. Please allow at least five
       (5) business days advance notice; last minute requests will be
       accepted, but may be impossible to fill. Send an e-mail to
       fcc504@fcc.gov or call the FCC's Consumer & Governmental Affairs
       Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   For accessible format materials (braille, large print, electronic files,
   and audio format): 202-418-0531 (voice), 202-418-7365 (tty).

   10. Please be advised that it is a violation of Section 1.17 of the
       Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
       of that person to make any false or misleading written or oral
       statement of fact. Specifically, no person shall:

   (1) In any written or oral statement of fact, intentionally provide
   material factual information that is incorrect or intentionally omit
   material information that is necessary to prevent any material factual
   statement that is made from being incorrect or misleading; and

   (2) In any written statement of fact, provide material factual information
   that is incorrect or omit material information that is necessary to
   prevent any material factual statement that is made from being incorrect
   or misleading without a reasonable basis for believing that any such
   material factual statement is correct and not misleading.^

   11. Further, the knowing and willful making of any false statement, or the
       concealment of any material fact, in reply to this Citation is
       punishable by fine or imprisonment under 18 U.S.C. S 1001.

   12. If you violate Section 1.17 of the Commission's rules or the criminal
       statute referenced above, you may be subject to further legal action,
       including monetary fines pursuant to Section 503 of the Communications
       Act.^

   13. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
       you that the Commission's staff will use all relevant material
       information before it, including information that you disclose in your
       interview or written statement, to determine what, if any, enforcement
       action is required to ensure your compliance with the Communications
       Act and the Commission's rules.

   V. FUTURE VIOLATIONS

   14. If, after receipt of this Citation, CFCU  again violates Sections
       15.5(b) or 15.5(c) of the Rules by engaging in conduct of the type
       described herein, the Commission may impose monetary forfeitures not
       to exceed $16,000 for each such violation or each day of a continuing
       violation, and up to $112,500 for any single act or failure to act.^
       For instance, the Commission could impose separate forfeitures for
       each day on which its incidental radiators cause harmful interference.
       Further, as discussed above, such forfeitures may be based on both the
       conduct that led to the Citation and the conduct following it.^ In
       addition, violations of the Communications Act or the Rules also can
       result in seizure of equipment through in rem forfeiture actions,^ as
       well as criminal sanctions, including imprisonment.^

   VI. ORDERING CLAUSES

   15. IT IS ORDERED that a copy of this Citation shall be sent both by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested, to
       Caribe Federal Credit Union at #195 O'Neill Street, San Juan, PR
       00918.

   FEDERAL COMMUNICATIONS COMMISSION

   Reuben Jusino

   Resident Agent, San Juan Office

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 503(b)(5).

   ^ 47 C.F.R. SS 15.5(b), 15.5(c).

   ^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
   Sess. at 9 (1977) (If a person or entity that has been issued a citation
   by the Commission thereafter engages in the conduct for which the citation
   of violation was sent, the subsequent notice of apparent liability "would
   attach not only for the conduct occurring subsequently but also for the
   conduct for which the citation was originally sent.") (emphasis added).

   ^ E-mail from Jorge Menendez, Operations Manager, Caribe Federal Credit
   Union, to Reuben Jusino, Resident Agent, San Juan Office (June 28, 2013,
   1:28 P.M.); E-mail from Jorge Menendez, Operations Manager, Caribe Federal
   Credit Union, to Reuben Jusino, Resident Agent, San Juan Office (June 28,
   2013, 6:05 P.M.).

   ^ 47 C.F.R. S 15.5(b).

   ^47 C.F.R. S 15.3(m).

   ^ 47 C.F.R. S 15.3(n). Under this definition, light fixtures, such as the
   ones used by CFCU, are incidental radiators.

   ^47 C.F.R. S 15.5(c).

   ^ 47 C.F.R. S 1.17.

   ^ 47 U.S.C. S 503.

   ^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
   subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
   and the forfeiture amount applicable to any violation will be determined
   based on the statutory amount designated at the time of the violation.

   ^ See paragraph 2, supra.

   ^ See 47 U.S.C. S 510.

   ^ See 47 U.S.C. SS 401, 501.

   Federal Communications Commission DA 13-1584

   2

   Federal Communications Commission DA 13-1584