Federal Communications Commission DA 15-1345
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Edward R. Kozol 
Lemont, Illinois
)
)
)
)
)
)
       
        File No.:  EB-FIELDNER-15-00019958
        
        Citation No.:  C201632320001
CITATION AND ORDER
Incidental Radiator Causing Harmful Interference
Adopted:  November 24, 2015         Released: November 24, 2015
By the Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. This CITATION AND ORDER (Citation) notifies Edward R. Kozol of his obligation to 
stop operating devices that are causing interference to licensed radio operations and to comply with 
federal rules and regulations related to radio frequency devices. This includes consumer and industrial 
devices such as lighting ballasts that utilize radio frequencies in their operation.   Failure to take action to 
resolve the interference may result in severe penalties, including fines up to $16,000 per day.
2. This is an official Citation issued pursuant to Section 503(b)(5) of the Communications 
Act of 1934, as amended (Communications Act or Act),
1
to Edward R. Kozol.  Specifically Mr. Kozol is 
being cited for operating incidental radiators that are causing harmful interference in violation of Section 
15.5(b) of the Commission’s rules (Rules).
2
3. Notice of Duty to Comply With Laws:  Mr. Kozol should take immediate steps to come 
into compliance with the Rules, specifically, causing harmful interference to AT&T operations in 
Lemont, Illinois and refusing to allow inspection of the offending device. Mr. Kozol is hereby on notice 
that if he subsequently engages in any conduct of the type described in this Citation, including any 
violation of Sections 15.5(b) and 15.29(a) of the Rules, he 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
4. Your Response Required:  Pursuant to Sections 4(i), 4(j), and 403 of the Communications 
Act,
4
we also direct Mr. Kozol to respond in writing, within thirty (30) calendar days after the release date 
                                                          
1
47 U.S.C. § 503(b)(5).
2
47 C.F.R. §§ 15.5(b) 
3
See 47 U.S.C § 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).
4
47 U.S.C. §§ 154(i), 154(j), 403.
Federal Communications Commission DA 15-1345
2
of this Citation, and signed under penalty of perjury, with descriptions of the specific action(s) taken to 
preclude recurrence of the violations, and also a timeline for completion of any corrective action(s).
II. BACKGROUND
5. On April 22, 2015, in response to a complaint from AT&T concerning interference to its 
cellular communications system that operates in the 700 MHz band in Lemont, Illinois, agents from the 
Enforcement Bureau’s Chicago Office (Chicago Office) confirmed by direction finding techniques that 
radio emissions in the 700 MHz band were emanating from Mr. Kozol’s residence in Lemont, Illinois.  
The 700 MHz signal is injecting noise into the AT&T network and degrading or blocking service to 
AT&T’s customers.  A WARNING OF UNAUTHORIZED RADIO 
OPERATION/INTERFERENCE TO AUTHORIZED RADIO STATION was left on the front door 
at 12425 Thornberry Drive on April 22, 2015.   Mr. Kozol acknowledged receipt of the warning left on 
the front door in a May 6th email sent to an agent in the Chicago Office
5
.
6. On October 1, 2015, a NOTIFICATION OF HARMFUL INTERFERENCE
addressed to Mr. Kozol was delivered by UPS to Kozol Brothers Inc., but no response was received.
6   
III. APPLICABLE LAWS AND VIOLATIONS
7. 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 . . . . ”
7
  Section 
15.29(a) of the Rules states “[a]ny equipment or device subject to the provisions of this part, . . . shall be 
made available for inspection by a Commission representative upon reasonable request.”
8
  Kozol’s refusal 
to acknowledge the interference problem and refusal to allow Commission’s representatives to inspect the 
offending device violate these rule sections.  
8. The record in this case shows that the Chicago Office received a complaint from AT&T
concerning interference to its cellular communications system that operates in the 700 MHz band in
Lemont, Illinois.  On April 22, 2015, an agent from the Chicago Office confirmed that radio emissions in 
the 700 MHz band were emanating from a residence owned by Mr. Kozol in Lemont, Illinois.  The agent 
used a spectrum analyzer, a hand held antenna, and the receiving equipment in his vehicle to confirm that 
a signal from 720 to 770 MHz was emanating from Mr. Kozol’s residence. Agents returned on May 20th
and September 16th and found that the same signal was originating from Mr. Kozol’s residence. The 
agent requested Mr. Kozol’s assistance in locating the source of the interference and requested his 
permission to examine any possible radio sources within his residence.  Mr. Kozol ignored numerous 
requests to allow agents to locate and identify the offending transmitter.  Based on the foregoing 
evidence, we find that Mr. Kozol violated Sections 15.5(b) and 15.29(a) of the Rules.
9
                                                          
5
Email on file in EB-FIELDNER-15-00018814.
6
See Edward R. Kozol, NOTIFICATION OF HARMFUL INTERFERENCE (on file in EB-FIELDNER-15-
00019958).
7
47 C.F.R. § 15.5(b). 
8
47 C.F.R. §15.29(a).
9
47 C.F.R. §§ 15.5(b) and 15.29(a).
Federal Communications Commission DA 15-1345
3
IV.           REQUEST FOR INFORMATION
9.        Pursuant to Sections 4(i), 4(j), and 403 of the Act,
10
Mr. Kozol is directed to confirm in 
writing that he has taken the necessary measures and made the corrections to ensure that he does not 
continue to violate the rules discussed above, and provide the information requested below within thirty 
(30) calendar days after the release date of this Citation. A failure to respond in writing, or the provision 
of an inadequate, incomplete, or misleading response, may subject Mr. Kozol to additional sanctions.
i. Examine all Part 15 devices at his residence in Lemont, Illinois and discontinue 
the operation until repairs to or replacement of the offending device can be made.  
If the offending device is found and the interference is resolved, send a complete 
report on what was found and the actions taken to resolve the interference.
ii. If the interference cannot be resolved, advise this office in order to arrange for 
Commission agents to locate and examine the offending device.
V. RESPONDING TO THIS CITATION
10. In addition to the required written information described in paragraphs 3 and 8, above, 
Mr. Kozol may, if he 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.    
11. If you would like to arrange a teleconference or personal interview, please contact Mike 
Moffitt at (847) 813-4660.  The nearest Commission Field Office is located in Park Ridge, Illinois.  Such 
teleconference or interview must take place within thirty (30) calendar 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 8, below.   
12. All written communications, including the information requested in paragraphs 3 and 8, 
above, should be provided to the address below.
Federal Communications Commission
Chicago District Office
1550 North Northwest Hwy, Suite 306
Park Ridge, Illinois 60069
Re: EB-FIELDNER-15-00019958
13. 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);
                                                          
10
47 U.S.C. §§ 154(i), 154(j), 403.
Federal Communications Commission DA 15-1345
4
      For accessible format materials (braille, large print, electronic files, and audio format): 
202-418-0531 (voice), 202-418-7365 (tty).  
14. Please be advised that it is a violation of Section 1.17 of the Rules (47 C.F.R. § 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
15. 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. § 1001.
16. If you violate Section 1.17 of the Rules or the criminal statute referenced above, you may 
be subject to further legal action, including monetary fines pursuant to Section 503 of the Act.
12
17. Under the Privacy Act of 1974, 5 U.S.C. § 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 Act and the Rules.
VI. FUTURE VIOLATIONS
18. If, after receipt of this Citation, Mr. Kozol again violates Sections 15.5(b) and 15.29(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 
$122,500 for any single act or failure to act.
13
Further, as discussed above, such forfeitures may be based 
on both the conduct that led to the Citation and the conduct following it.
14
  In addition, violations of the 
Act or the Rules also can result in seizure of equipment through in rem forfeiture actions,
15
as well as 
criminal sanctions, including imprisonment.
16
                                                          
11
47 C.F.R. § 1.17.
12
47 U.S.C. § 503.
13
See 47 U.S.C. §§ 401, 501, 503; 47 C.F.R. § 1.80(b)(7).  This amount is subject to further adjustment for inflation 
(see 47 C.F.R. § 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.    
14
See supra para. 2.  
15
See 47 U.S.C. § 510.
16
See 47 U.S.C. §§ 401, 501.
Federal Communications Commission DA 15-1345
5
VII. ORDERING CLAUSES
19. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the Communications 
Act, Mr. Kozol 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 
Mr. Kozol, certifying 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.
20. 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 Edward R. Kozol, at his 
address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director 
Northeast Region
Enforcement Bureau