*Pages 1--2 from Microsoft Word - 46606.doc* Federal Communications Commission Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Nick’s Meat Market ) File No. EB- 04- BF- 207 ) Rochester, New York ) Citation No. C20053228001 CITATION Released: January 3, 2005 By the Enforcement Bureau, Northeast Region, Buffalo Office: 1. This is an official Citation issued pursuant to Section 503( b)( 5) of the Communications Act of 1934, as amended (“ Act”), 1 to Nick’s Meat Market (“ Nicks”) for violation of Section 15.5( b) and 15.5( c) of the Commission’s Rules (“ Rules”). 2 2. The Rochester New York Fire Department reported harmful interference to their radio communications at their fire station located at 450 Lyell Avenue. The interference was affecting communications on the frequencies of 154.13 MHz and 154.250 MHz. Investigation by the Commission’s Buffalo Office of the Enforcement Bureau (Buffalo Office”) on December 20, 2004 determined that the Javelin pro series security monitor located at Nick’s Meat Market, 444 Lyell Avenue, Rochester, New York was causing the harmful interference to the Rochester Fire Department. 3. Section 15.5( b) of the Rules provides that “Operation of an unintentional radiator is subject to the condition that no harmful interference is caused….” Section 15.5( c) of the Rules provides that “The operator of a 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. Nick’s Meat Market is hereby warned the operation of the Javelin pro series security monitor is causing harmful interference to safety radio communications and constitutes a violation of the Federal laws cited above. THE OPERATION OF THE JAVELIN PRO SERIES SECURITY MONITOR MUST CEASE IMMEDIATELY. 5. Subsequent violations of the Communications Act or the Commission’s Rules may subject the violator to substantial monetary forfeitures not to exceed $11,000 for each such violation or each day 1 47 U. S. C. § 503( b)( 5). 2 47 C. F. R. § §15. 5( b) and 15. 5( c). 1 Federal Communications Commission 2 of a continuing violation, 3 seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment. 4 6. You may request a personal interview at the Commission’s Field Office nearest your place of business. The nearest office is the Buffalo Office, 1307 Federal Building, Buffalo, New York 14202, which you can contact by telephone at XXX XXX- XXXX. You must schedule this interview to take place within twenty- one (21) days of the date of this Citation. Alternatively, you may submit a written statement to the above address within twenty- one (21) days of the date of this Citation. Any written statement should specify what actions have been taken to correct the violations outlined above. Please reference case number EB- 04- BF- 207 when corresponding with the Buffalo Office. 7. This Citation shall be sent First Class U. S. Mail and, Certified Mail, Return Receipt Requested, to Nick’s Meat Market, Attn: Ziyad AL- haggi, 444 Lyell Avenue, Rochester, New York 14606. 8. The Privacy Act of 1974 5 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Citation is punishable by fine or imprisonment under Title 18 of the U. S. Code. 6 FEDERAL COMMUNICATIONS COMMISSION David A. Viglione Resident Agent Buffalo Office Northeast Region 3 See 47 C. F. R. § 1.80( b)( 3). 4 See 47 U. S. C. §§ 401, 501, 503, 510. 5 P. L. 93- 579, 5 U. S. C. § 552a( e)( 3). 6 18 U. S. C. § 1001 et seq. 2