Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+--------------------------------+---+---+-------------------------------+
| # In the Matter of             | ) |   | ##                            |
|                                |   |   | ##### File No.: EB-05-DT-278  |
| Mr. Jim Humphrey               | ) |   |                               |
|                                |   |   | #####                         |
| d/b/a Farm Bureau Insurance    | ) |   | ## Citation No.: C20063236001 |
|                                |   |   |                               |
| Grand Haven, Michigan          | ) |   |                               |
|                                |   |   |                               |
|                                | ) |   |                               |
|                                |   |   |                               |
|                                | ) |   |                               |
+--------------------------------+---+---+-------------------------------+

**CERTIFIED MAIL NO.: 7003 1680 0001 9977 1784**

**RETURN RECEIPT REQUESTED**

**AND FIRST CLASS U.S. MAIL**

# CITATION

**Released**: December 19, 2005

By the District Director, Detroit 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 Jim
    Humphrey d/b/a Farm Bureau Insurance for violation of Sections
    15.5(b) and 15.5(c) of the Commission's rules ("Rules").[^2]

2.  On February 23, 2005, Riley Hollingsworth, Special Counsel in the
    FCC's Enforcement Bureau, sent a letter notifying you that the
    office telephone system used in the offices of Farm Bureau Insurance
    apparently are causing interference to amateur radio operations.[^3]
    In a subsequent telephone message to Mr. Hollingsworth, you
    indicated that the telephone system had been repaired and that the
    harmful interference had been solved. The complainant, however,
    reported that the interference had been only minimally reduced and
    Mr. Hollingsworth sent a second letter requesting that you advise
    his office within twenty days what steps you are taking to resolve
    the interference.[^4] You did not respond to Mr. Hollingsworth's
    letter.

3.  On August 19, 2005, an agent from the FCC's Detroit Field Office
    conducted an investigation at the offices of Farm Bureau Insurance
    in Grand Haven, Michigan, with Nancy Humphrey. The agent determined
    that the office telephones, which are Part 15 devices and part of a
    Panasonic KX-T7633 telephone system, were causing interference to
    amateur radio operations in the 3.82-3.870 MHz band. The agent
    informed Mrs. Humphrey of the interference findings and advised her
    that FCC's rules require that Farm Bureau Insurance discontinue use
    of the telephone equipment until the interference is eliminated,
    either through modification or replacement of the equipment.

4.  As you previously were advised in the February 23, 2005 letter from
    Mr. Hollingsworth, 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 . . . . "[^5] Section 15.5(c) of the Rules states "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."

5.  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]

6.  Mr. Humphrey d/b/a Farm Bureau Insurance may request an interview at
    the closest FCC Office, which is Federal Communications Commission,
    24897 Hathaway Street, Farmington Hills, Michigan 48335.[^8] You may
    contact this office by telephone, (XXX) XXX-XXXX, to schedule this
    interview, which must take place within 14 days of this Citation.
    Mr. Humphrey d/b/a Farm Bureau Insurance 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-05-DT-278 and citation number when
    corresponding with the Commission.

7.  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]

8.  **IT IS ORDERED** that copies of this Citation shall be sent by
    First Class U.S. Mail and Certified Mail, Return Receipt Requested
    to Mr. Jim Humphrey d/b/a Farm Bureau Insurance at his address of
    record.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> James Bridgewater
>
> District Director, Detroit Office
>
> Northeast Region
>
> Enforcement Bureau

[^1]: 47 U.S.C. § 503(b)(5).

[^2]: 47 C.F.R. §§ 15.5(b), 15.5(c).

[^3]: *See* Letter from Mr. Riley Hollingsworth, Special Counsel,
    Spectrum Enforcement Division, Enforcement Bureau, to Jim Humphrey,
    dated February 23, 2005.

[^4]: *See* Letter from Mr. Riley Hollingsworth, Special Counsel,
    Spectrum Enforcement Division, Enforcement Bureau, to Jim Humphrey,
    dated March 29, 2005.

[^5]:

[^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*.