Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+--------------------------------+---+---+-------------------------------+
| # In the Matter of             | ) |   | #                             |
|                                |   |   | ###### File No.: EB-07-ST-077 |
| Jon Marcinko                   | ) |   |                               |
|                                |   |   | #####                         |
| Tiger Mountain, WA             | ) |   | ## Citation No.: C20073298005 |
|                                |   |   |                               |
|                                | ) |   |                               |
|                                |   |   |                               |
|                                | ) |   |                               |
+--------------------------------+---+---+-------------------------------+

# CITATION

**Released**: May 18, 2007

By the District Director, Seattle 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 Jon
    Marcinko, for violation of Section 15.5(b) of the Commission's rules
    ("Rules").[^2]

2.  Investigation by the Enforcement Bureau's Seattle Office revealed
    that on April 30, 2007, a tower located on Tiger Mountain was
    creating spurious signal and causing interference to an amateur
    radio repeater at the site.

3.  Section 15.5(b) of the Rules states "\[o\]peration of an
    intentional, unintentional, or incidental radiator is subject to the
    conditions that no harmful interference is caused \[. . .\]." The
    tower creating and radiating spurious signals violates this section.

4.  The Seattle Office received a complaint of interference to the
    reception of Amateur Radio and Land Mobile Radio services on Tiger
    Mountain. On April 30, 2007, agents from the Seattle Office
    confirmed that spurious radio signals were emanating from Mr.
    Marcinko's tower on Tiger Mountain.

.

5.  Violations of the Act or the Commission's Rules may subject the
    violator to substantial monetary forfeitures,[^3] seizure of
    equipment through *in rem* forfeiture action, and criminal
    sanctions, including imprisonment.[^4]

6.  Pursuant to Sections 4(i), 4(j), and 403 of the Act, Mr. Marcinko is
    directed to provide the information specified herein, within 10 days
    from the date of this Citation.

    a.  Explain efforts made to make sure the tower will not radiate
        spurious signals.

    b.  Send a statement on the actions taken to insure the interference
        will not recur to the Office listed in the paragraph below.

7.  Mr. Marcinko may request an interview at the closest FCC Office,
    which is Federal Communications Commission, 11410 NE 122^nd^ Way,
    Suite 312, Kirkland, Washington 98034.[^5] You may contact this
    office by telephone, (425) 820-6271, to schedule this interview,
    which must take place within 14 days of this Citation. Mr. Marcinko
    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-ST-077 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.[^6] Any knowingly or willfully false statement made in
    reply to this Citation is punishable by fine or imprisonment.[^7]

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 Jon Marcinko at his address of record.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> Kristine A. McGowan
>
> District Director,
>
> Seattle District Office
>
> Western Region
>
> Enforcement Bureau

[^1]: 47 U.S.C. § 503(b)(5).

[^2]: 47 C.F.R. § 15.5(b).

[^3]: 47 C.F.R. § 1.80(b)(3).

[^4]: 47 U.S.C. §§ 401, 501, 503, 510.

[^5]: 47 U.S.C. § 503(b)(5).

[^6]: *See* Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).

[^7]: *See* 18 U.S.C. § 1001 *et seq*.