Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No.: EB-07-LA-399 Exxon Mobil Corporation ) . ) Citation No.: C20083290005 Irving, Texas ) CITATION Released: January 31, 2008 By the District Director, Los Angeles District 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”),1 to Exxon Mobil Corporation (“Exxon Mobil”) for violation of Sections 15.5(b), 15.204(a), and 15.204(b) of the Commission’s Rules (“Rules”).2 2. On January 18, 2008, while responding to a complaint of interference from Sprint Nextel, an investigation by the Enforcement Bureau’s Los Angeles Office revealed that Exxon Mobil was operating an 802.11b wireless access point with an auxiliary 802.11 b/g bi-directional amplifier from its retail fuel sales station at 2702 W. First Street, Santa Ana, California. 3. Section 15.204(b) of the Rules3 states “[a] transmission system consisting of an intentional radiator, an external radiator, an external radio frequency power amplifier, and an antenna may be authorized, marketed and used under this part. Except as described otherwise in this section, when a transmission system is authorized as a system, it must always be …used in the configuration in which it was authorized.” The equipment authorization for the Always On Wireless Access point, model WDB20B, with FCC ID SINWDB20B does not include provision for interconnection with a Hawking, model HSB-1 signal booster amplifier, FCC ID SOYHSB1. Exxon Mobil’s interconnection and use of these devices violates the equipment authorizations for both devices. 4. Section 15.204(a) of the Rules4 states “…no person shall use, manufacture, sell or lease, …any external radio frequency power amplifier or amplifier kit intended for use with a part 15 intentional radiator.” Exxon Mobil’s use of an external bi-directional amplifier with part 15 antenna systems violates this section. 1 47 U.S.C. § 503(b)(5). 2 47 C.F.R. §§ 15.5(b), 15.204(a), 15.204(b). 3 47 C.F.R. § 15.204(b). 4 47 C.F.R. § 15.204(a). Federal Communications Commission 2 5. Section 15.5(b) of the Rules5 states “[o]peration of an intentional, unintentional, or incidental radiator is subject to the condition that no harmful interference is caused . . . .” Exxon Mobil’s operation of the equipment described above caused interference to a Sprint Nextel cell site, in violation of this section. 6. Violations of the Act or the Commission’s Rules may subject the violator to substantial monetary forfeitures,6 seizure of equipment through in rem forfeiture action, and criminal sanctions, including imprisonment.7 7. Exxon Mobil may request an interview at the closest FCC Office, which is Federal Communications Commission, 9330 LBJ Freeway, Room 1170, Dallas, TX 75243-3429.8 Exxon Mobil may contact this office by telephone, (XXX) XXXX-XXXX to schedule this interview, which must take place within 14 days of this Citation. Exxon Mobil 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 violations outlined above. Please reference file number EB-07-LA-399 when corresponding with the Commission. 8. Any statement or information provided by you may be used by the Commission to determine if further enforcement action is required.9 Any knowingly or willfully false statement made in reply to this Citation is punishable by fine or imprisonment.10 9. IT IS ORDERED that copies of this Citation shall be sent by First Class U.S. Mail and Certified Mail, Return Receipt Requested to Exxon Mobil Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION Leo E. Cirbo Acting Interim District Director Los Angeles District Office Western Region Enforcement Bureau 5 47 C.F.R. § 15.5(b). 6 47 C.F.R. § 1.80(b)(3). 7 47 U.S.C. §§ 401, 501, 503, 510. 8 47 U.S.C. § 503(b)(5). 9 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3). 10 See 18 U.S.C. § 1001 et seq.