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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Brookfield Office Properties ) File No.: EB-FIELDWR-13-00008470

   Ernst & Young Plaza ) Citation No.: C201432900003

   )

   Los Angeles, CA )

                               CITATION AND ORDER

                 Lighting Ballasts Causing Harmful Interference

   Adopted: February 6, 2014 Released: February 7, 2014

   By the District Director, Los Angeles Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. This is an official CITATION AND ORDER (Citation) issued pursuant to
       Section 503(b)(5) of the Communications Act of 1934, as amended
       (Communications Act or Act),^ to Brookfield Office Properties
       (Brookfield), owner of the Ernst & Young Plaza building (Building) at
       725 South Figueroa Street in Los Angeles, CA. Specifically, Brookfield
       is being cited for operating industrial, scientific, and medical (ISM)
       equipment and causing harmful interference in violation of Sections
       18.111(b) and 18.115(a) of the Commission's rules (Rules).^

    2. Notice of Duty to Comply With Laws: Brookfield should take steps to
       come into compliance with the Rules, including eliminating the
       interference. Brookfield  is hereby on notice that if it subsequently
       engages in any conduct of the type described in this Citation,
       including any violation of Sections 18.111(b) or 18.115(a) of the
       Rules, it may be subject to civil and criminal penalties, including
       but not limited to substantial monetary fines (forfeitures). Such
       forfeitures may be based on both the conduct that led to this Citation
       and the conduct following it.^

    3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
       the Communications Act,^ we also direct Brookfield to respond in
       writing, within thirty (30) calendar days after the release date of
       this Citation, with specific actions taken to preclude recurrence of
       the violations. The response must be signed under penalty of perjury.

   II. BACKGROUND

    4. On April 30, 2013, agents from the Enforcement Bureau's Los Angeles
       Office (Los Angeles Office) visited the Building and informed the
       Building's Property Manager that Verizon Wireless alleged that GE
       fluorescent lighting electronic ballasts in the Building were the
       source of radio emissions causing interference to the Verizon Wireless
       700 MHz LTE cell site. The Property Manager informed the agents that
       Verizon Wireless had already notified them of the interference, and
       that Brookfield's lighting contractor was still investigating the
       problem. The agents provided the Property Manager with a copy of the
       GE Lighting, Product Bulletin (GE Bulletin).^ The GE Bulletin states
       that GE UltraMax ballasts were "tested in accordance with applicable
       FCC Part 18 requirements," and that a small number "produced
       unintentionally high-frequency radio emissions that have the potential
       to cause interference with certain types of wireless communications."
       ^ ^ ^ On May 7, 2013, the Los Angeles Office issued a warning letter
       to Brookfield advising it to investigate the lighting ballasts used in
       the Building and, pursuant to Section 18.117(a) of the Rules,^ to
       provide the Los Angeles Office with an interim report within 30 days,
       and a final report within 60 days, concerning its investigation.^ As
       of the date of this Citation, neither report has been received.

    5. On November 21, 2013, in response to Verizon Wireless' continuing
       complaints that the interference had not been resolved, agents from
       the Los Angeles Office used portable direction-finding equipment and
       confirmed radio emissions on Verizon Wireless' licensed 700 MHz
       frequencies were emanating from ceiling fluorescent lights/ballasts
       inside the Building. The agents observed the ballast in use was a GE
       UltraMax labeled with a Product and Date Code covered by the GE
       Bulletin.

   III. APPLICABLE LAWS AND VIOLATIONS

    6. The RF lighting devices at issue here are ISM equipment regulated
       under Part 18 of the Rules.^ Section 18.111(b) of the Rules states
       that "the operator of ISM equipment that causes harmful interference
       to any authorized radio service shall promptly take whatever steps may
       be necessary to eliminate the interference."^ Similarly, Section
       18.115(a) of the Rules states that the "operator of ISM equipment that
       causes harmful interference to radio services shall promptly take
       appropriate measures to correct the problem."^ Section 18.107(b) of
       the Rules' definition of harmful interference includes interference
       that "seriously degrades, obstructs or repeatedly interrupts a radio
       communication service operating in accordance with this chapter."^
       Section 18.115(c) of the Rules states that when "notified by the
       [District Director of the local FCC office] that a particular
       installation is causing harmful interference, the operator or
       manufacturer shall arrange for an engineer skilled in techniques of
       interference measurement and control to make an investigation to
       ensure that the harmful interference has been eliminated."^ Section
       18.117(a) of the Rules states that an "interim report on investigation
       and corrective measures taken pursuant to S 18.115 of this part shall
       be filed with the [District Director] of the local FCC office within
       30 days of notification of harmful interference. The final report
       shall be filed with the [District Director] within 60 days of
       notification."^

    7. As of the date of this Citation, Verizon Wireless continues to report
       receiving interference from the emissions emanating from the Building
       and Brookfield has failed to eliminate the interference being caused
       by its operation of the GE ballasts. Based on the foregoing evidence,
       we find that Brookfield has violated Sections 18.111(b) and 18.115(a)
       of the Rules by failing to promptly eliminate the interference.

   IV. REQUEST FOR INFORMATION

    8. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
       and 18.117(a) of the Rules,^ Brookfield is directed to provide this
       office within 30 days of the release of this Citation, with an interim
       report on the investigations and corrective measures it has taken to
       eliminate the harmful interference,  as well as a timeline for any
       pending corrective actions. A final report shall be filed with the Los
       Angeles Office within 60 days of the release date.^  A failure to
       respond in writing, or the provision of an inadequate, incomplete, or
       misleading response, may subject Brookfield to additional sanctions.^

   V. RESPONDING TO THIS CITATION

    9. In addition to the required written information described in
       paragraphs 3 and 8, above, Brookfield 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.

   10. If you would like to arrange a teleconference or personal interview,
       please contact Charles A. Cooper at (562) 860-7474. The nearest
       Commission Field Office is located in Cerritos, California. 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 11, below.

   11. All written communications, including the information requested in
       paragraphs 3 and 8, above, should be provided to the address below.

   Federal Communications Commission

   Los Angeles Office

   18000 Studebaker Road, Suite 660

   Cerritos, California 90703

   Re: EB-FIELDWR-13-00008470

   12. 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).

   13. 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.^

   14. 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.

   15. 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.^

   16. 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.

   VI. FUTURE VIOLATIONS

   17. If, after receipt of this Citation, Brookfield again violates Section
       18.111(b) or 18.115(a) 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.^
       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.^

   VII. ORDERING CLAUSES

   18. IT  IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
       Communications Act, Brookfield Office Properties must provide the
       written information requested in paragraphs 3 and 8, above. The
       response to the request for information must be provided in writing,
       signed under penalty of perjury by an authorized official at
       Brookfield Office Properties with personal knowledge of the
       information and representations provided in the written response, and
       must be received by the FCC within thirty (30) calendar days after the
       release date of this Citation and Order.

   19. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
       sent both by First Class U.S. Mail and Certified Mail, Return Receipt
       Requested, to Brookfield Office Properties, Ernst & Young Plaza, 725
       South Figueroa Street, Suite 1850, Los Angeles, CA 90017.

   FEDERAL COMMUNICATIONS COMMISSION

   Charles A. Cooper

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

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

   ^ 47 C.F.R. SS 18.111(b), 18.115(a).

   ^ 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).

   ^ 47 U.S.C. SS 154(i), 154(j), 403.

   ^ See GE Lighting, Product Bulletin, May 2, 2012, GE Lighting, Product
   Service Department, issued May 2, 2012. The bulletin is addressed to GE
   Customers, stating that a small number of the 2-lamp GE UltraMax ballasts
   were found to produce high-frequency radio emissions, and provided steps
   to identify the affected ballast by Product and Date Code, and
   instructions on how to exchange the units. Id. at 1-3.

   ^ Id. at 1. The GE Bulletin also stated that affected ballasts would be
   exchanged by GE. Id.

   ^ 47 C.F.R. S 18.117(a).

   ^ Warning Letter from Charles A. Cooper, District Director, Los Angeles
   Office, to Brookfield Properties (May 7, 2013) (on file in
   EB-FIELDWR-13-00008470).

   ^ 47 C.F.R. SS 18.101 et seq.

   ^ 47 C.F.R. S 18.111(b).

   ^ 47 C.F.R. S 18.115(a).

   ^ 47 C.F.R. S 18.107(b).

   ^ 47 C.F.R. S 18.115(c).

   ^ 47 C.F.R. S 18.117(a).

   ^ 47 U.S.C. SS 154(i), 154(j), 403.

   ^ 47 C.F.R. S 18.117(a).

   ^ Id.

   ^ See, e.g., SBC Communications, Inc.,  Forfeiture Order, 17 FCC Rcd 7589,
   7599-7600, paras. 23-28 (2002) (imposing $100,000 forfeiture for egregious
   and intentional misconduct, i.e., refusing to attest to truthfulness and
   accuracy of responses to a Letter of Inquiry (LOI)); Connect Paging, Inc.
   d/b/a Get A Phone, Forfeiture Order, 22 FCC Rcd 15146 (Enf. Bur. 2007)
   (imposing $4,000 forfeiture for failure to respond to an LOI); BigZoo.Com
   Corporation, Order of Forfeiture, 20 FCC Rcd 3954 (Enf. Bur. 2005)
   (imposing $20,000 forfeiture for failure to respond to a USF LOI); Donald
   W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur. 2003)
   (imposing $4,000 forfeiture for failure to respond to an LOI). See also
   World Communications Satellite Systems, Inc., Notice of Apparent Liability
   for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) (proposing $10,000
   forfeiture for a non-responsive reply to an LOI); Digital Antenna, Inc.,
   Sunrise, Florida, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
   7600 (Enf. Bur. 2007) (proposing $11,000 forfeiture for failure to provide
   complete responses to an LOI).

   ^ 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 supra, paragraph 2.

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

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

   Federal Communications Commission DA 14-148

   2

   Federal Communications Commission DA 14-148