Official Citation for Part 15 Interference Violation
On April 15, 2008, the Federal Communications Commission Enforcement Bureau's Philadelphia Office released an Official Citation (Citation No. C200832400003, File No. EB-08-PA-081) to Macy's East. The action was taken pursuant to Section 503(b)(5) of the Communications Act of 1934, as amended, following findings that Macy's East violated Section 15.5(b) of the Commission's Rules.
The violation stems from the operation of a Part 15 non-licensed intentional radiator that caused harmful interference to a licensed cellular service provider in Harrisburg, Pennsylvania.
Interference Investigation and Findings
The Enforcement Bureau's Philadelphia Office initiated an inquiry following a February 26, 2008 complaint from Sprint-Nextel. The carrier reported that unidentified spread spectrum transmissions were causing harmful interference to its cellular system operating on the frequencies 897.26875 MHz and 897.29375 MHz. The affected Sprint-Nextel cellular installation is mounted on a monopole located at 1024 Wister Street, Harrisburg, Pennsylvania (coordinates 40° 15' 25.60" N, 076° 50' 59" W).
FCC agents conducted on-site direction-finding investigations on March 18, 2008, and March 24, 2008. The agents traced the source of the interfering emissions to a Sensormatic anti-theft device (Model EAD) operated by Macy's at its retail location at 3401 Paxton Street, Harrisburg, Pennsylvania 17111.
Regulatory Obligations Under Part 15
Under Section 15.5(b) of the FCC Rules, the operation of an intentional, unintentional, or incidental radiator is permitted only under the strict condition that it does not cause harmful interference. Section 15.3(m) defines harmful interference as any emission, radiation, or induction that seriously degrades, obstructs, or repeatedly interrupts a licensed radio communications service.
Furthermore, Section 15.5(c) requires that the operator of an unlicensed radio frequency device cease operations immediately upon receiving notification from a Commission representative that the device is causing harmful interference. Operation may not resume until the underlying cause of the interference is resolved.
Enforcement Directives and Response Requirements
The citation formally notified Macy's East that its Sensormatic anti-theft device Model EAD caused serious degradation to licensed communications and ordered the retailer to halt operation of the equipment until the interference condition is fully corrected. The FCC warned that continued violations of the Communications Act or Commission Rules could lead to substantial monetary forfeitures, in rem equipment seizures, or criminal sanctions.
Macy's East was granted 14 days from the citation date to request an interview at the FCC Northeast Region New York Office (201 Varick Street, Suite 1151, New York, NY 10014) or to submit a written statement referencing File No. EB-08-PA-081 detailing the corrective actions taken to remediate the violation.