Federal Communications Commission
Before the 
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-AT-0069
Sonic Drive-In Restaurant )
) Citation No.: C201032480001
Portland, TN, 37148 )
 CORRECTED COPY
CITATION
Released: January 29, 2010
By the District Director, Atlanta Office, South Central 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 Sonic Drive-In Restaurant in Portland,
Tennessee, for violation of Section 15.5(b) of the Commission’s Rules (“Rules”).
2.             Investigation by the FCC’s Atlanta Office of the Enforcement Bureau revealed 
that on December 23-29, 2009, Sonic Drive-In Restaurant (“Sonic”) in Portland, Tennessee 
operated an OPTEC LED sign, Model No. 2040-5-RGB-Z-H-D-4896, which generated a signal 
which caused harmful interference to the international distress frequency band of 406-406.1 Mhz 
and specifically, 406.025 Mhz.  When informed of the harmful interference, Sonic immediately 
turned off the sign and left it off until it could be repaired by the sign manufacturer.
3. Section 15.5(b) of the Commission’s Rules (“Rules”) states that “Operation of 
an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful 
interference is caused.”2  Harmful interference is defined as “[a]ny emission, radiation or 
induction that endangers the functioning of a radio navigation service or of other safety services 
or seriously degrades, obstructs or repeatedly interrupts a radio communications service.”3  
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."4
4. Future 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. Sonic or its representative may request an interview at the closest FCC Office, 
which is Federal Communications Commission, Atlanta Field Office; 3575 Koger Blvd.; Suite 
  
1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. § 15.5(b).
3 47 C.F.R. § 15.3(m).
4 47 C.F.R. § 15.5(c).
547 C.F.R. § 1.80(b)(3).
647 U.S.C. §§ 401, 501, 503, 510.
Federal Communications Commission
2
320; Duluth, GA  30096.7 You may contact this office by telephone, (XXX) XXXX-XXXX to 
schedule this interview, which must take place within 14 days of this Citation.   Sonic 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-09-AT-0069 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 Sonic Drive-In Restaurant at its 
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director, Atlanta Office
South Central Region
Enforcement Bureau
  
747 U.S.C. § 503(b)(5).
8See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
9See 18 U.S.C. § 1001 et seq.