Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No.: EB-07-ST-022

Aspeedynet )

2623-A Euclid Ave ) Citation No.: C20073298002

Wenatchee, WA 98801 )

# CITATION

**Released**: February 26, 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
    Aspeedynet for violation of Sections 15.5(b), 15.204(a), and
    15.204(b) of the Commission's Rules ("Rules").[^2]

2.  Investigation by the Enforcement Bureau's Seattle Office revealed
    that on February 6, 2007, Aspeedynet was operating three co-located
    Tranzeo Digital Transmission Systems located near the White Heron
    Cellars winery overlooking the Crescent Bar area.

3.  Section 15.204(b) of the Rules[^3] states "\[a\] transmission system
    consisting of an intentional radiator, an external radiator, an
    external radio frequency power amplifier, and an antenna may be
    authorized, marketed and used under this part. Except as described
    otherwise in this section, when a transmission system is authorized
    as a system, it must always be ...used in the configuration in which
    it was authorized." The equipment authorization for the Tranzeo
    Digital Transmission System FCC ID QRF-TR-AP5A states "\[t\]he
    antenna(s) used for this transmitter must be fixed-mounted on
    outdoor permanent structures with a separation distance of at least
    59 cm from all persons and must not be co-located or operating in
    conjunction with any other antenna or transmitter." Aspeedynet's
    co-location of three of the Tranzeo Digital Transmission Systems
    violates this authorization.

4.  Section 15.204(a) of the Rules[^4] states "...no person shall use,
    manufacture, sell or lease, ...any external radio frequency power
    amplifier or amplifier kit intended for use with a part 15
    intentional radiator." Aspeedynet's use of an external
    bi-directional amplifier with part 15 antenna systems violates this
    section.

5.  Section 15.5(b) of the Rules[^5] states "\[o\]peration of an
    intentional, unintentional, or incidental radiator is subject to the
    condition that no harmful interference is caused . . . ."
    Aspeedynet's operation of the equipment described above caused
    interference in violation of this section.

6.  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]

7.  Aspeedynet may request an interview at the closest FCC Office, which
    is Federal Communications Commission, 11410 NE 122^nd^ Way, Suite
    312, Kirkland, WA 98034.[^8] Aspeedynet may contact this office by
    telephone, XXX XXX-XXXX, to schedule this interview, which must take
    place within 14 days of this Citation. Aspeedynet 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-022 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.[^9] Any knowingly or willfully false statement made in
    reply to this Citation is punishable by fine or imprisonment.[^10]

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 Aspeedynet at its address of record.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> Kristine 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), 15.204(a), 15.204(b).

[^3]: 47 C.F.R. § 15.204(b).

[^4]: 47 C.F.R. § 15.204(a).

[^5]: 47 C.F.R. § 15.5(b).

[^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*.