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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-10-PO-0011
Ross Store # 372 )
) Citation No.: C201032920001
Portland, Oregon 97204 )
CITATION
Released: March 17, 2010
By the Resident Agent, Portland Resident Agent 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"), to Ross Store #372
("Ross") for violation of Section 15.5(b) of the Commission's rules.
2. Investigation by the Enforcement Bureau's Portland Resident Agent
Office revealed that on March 11, 2010, Ross operated a Part 15 device
that was causing interference to Nextel's cellular phone f(XXX)
XXXX-XXXX75 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. On March 11, 2010, in response to a complaint of interference to
Nextel's cellular phone frequency 821.1375 MHz, an agent from the
Portland Office investigated the allegation and determined that the
source of the interfering signal was emanating from a Part 15 device,
model Symbol Technologies Inc, FCCID# H9P3850C, installed at Ross in
downtown Portland, Oregon. After the investigation, the referenced
device was disconnected and removed by Ross to resolve the
interference.
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. Ross may request an interview at the closest FCC Office, which is
Federal Communications Commission, 11410 NE 122nd Way, Suite 312,
Kirkland, Washington 98034. You may contact this office by telephone,
(360) 696-6707, to schedule this interview, which must take place
within 14 days of this Citation. Ross 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-10-PO-0011 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 Ross
Store #372 at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent, Portland Resident Agent Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.5(b).
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