Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No.: EB-09-NY-0233 Marcos A. Santos ) ) Citation No.: C200932380006 Bronx, New York ) CITATION Released: August 6, 2009 By the District Director, New York Office, Northeast 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 Marcos A. Santos for violation of Section 15.5(b) of the Commission’s Rules (“Rules”).2 2. On July 28, 2009, the FCC’s New York Office received a complaint from an FCC licensee concerning interference to its wireless telecommunications network in the 900 MHz SMR uplink band in Bronx, New York. On August 4, 2009, an agent from the New York Office investigated the allegation and located the interfering signal emanating from a residential house located in Bronx, New York. Further investigation revealed that the source of the interfering signal was an Astak surveillance camera system (model CM-918T2), a Part 15 device, located on the front of the house. 3. Section 15.5(b) of the Rules states that “[o]peration of an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful interference is caused . . . .”3 Section 15.5(c) 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."4 During the inspection on August 4, 2009, the agent warned the tenant at that location that they must cease operating the camera because it was causing interference to a licensed wireless telecommunications network. 4. Violations of the Act or the Commission’s Rules may subject the violator to substantial monetary forfeitures, 5 seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment.6 5. Marcos A. Santos may request an interview at the closest FCC Office, which is Federal Communications Commission, 201 Varick Street, Suite 1151, New York, New York, 1 47 U.S.C. § 503(b)(5). 2 47 C.F.R. § 15.5(b). 3 Id.. 4 47 C.F.R. § 15.5(c). 5 47 C.F.R.§ 1.80(b)(3). 6 47 U.S.C. §§ 401, 501, 503, 510. Federal Communications Commission 2 10014.7 You may contact this office by telephone, (XXX) XXXX-XXXX to schedule this interview, which must take place within 14 days of this Citation. Marcos A. Santos 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-09-NY-0233 when corresponding with the Commission. 6. Any statement or information provided by you may be used by the Commission to determine if further enforcement action is required.8 Any knowingly or willfully false statement made in reply to this Citation is punishable by fine or imprisonment.9 7. IT IS ORDERED that copies of this Citation shall be sent by First Class U.S. Mail and Certified Mail, Return Receipt Requested to Marcos A. Santos at his address of record. FEDERAL COMMUNICATIONS COMMISSION Daniel W. Noel District Director New York Office Northeast Region Enforcement Bureau 7 47 U.S.C. § 503(b)(5). 8 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3). 9 See 18 U.S.C. § 1001 et seq.