Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No.: EB-06-DV-397

John Elway Pontiac, Buick, GMC, West )

) Citation No.: C20073280002

Golden, Colorado, 80401 )

# CITATION

**Released**: November 17, 2006

By the District Director, Denver 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 John
    Elway Pontiac, Buick, GMC, West (\"Elway Pontiac\") for violation of
    Section 15.5(b) of the Commission\'s Rules (\"Rules\").[^2]

2.  On October 17, 2006, the Enforcement Bureau\'s Denver Office
    received a complaint that a signal was interfering with KCNC-TV, 2
    GHz ENG Channel 5 (2059-2076 MHz), licensed to CBS Television
    Stations, Inc. The interference affected KCNC-TV\'s receive site in
    Golden, Colorado. On October 18 and 19, 2006, an agent from the
    Denver Office investigated the allegation and located the
    interfering signal emanating from a cluster of two wireless cameras
    monitoring the west premise of the car dealership identified as
    Elway Pontiac. The interfering spurious signal was unstable in
    frequency and ranged from 2059-2063 MHz. The fundamental frequency
    was approximately 2400 MHz.

3.  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...\"[^3] On
    October 19, 2006, the agent inspected the interfering device,
    identified as an FCC certified low power communications device, FCC
    ID: N3Q9VM0519T. The offending unit was removed from service by a
    security technician.

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

5.  Elway Pontiac may request an interview at the closest FCC Office,
    which is Federal Communications Commission, 215 South Wadsworth
    Boulevard, Suite 303, Lakewood, Colorado, 80226.[^6] Elway Pontiac
    may contact this office by telephone, XXX XXX-XXXX, to schedule this
    interview, which must take place within 14 days of this Citation.
    Elway Pontiac 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-06-DV-397 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.[^7] Any knowingly or willfully false statement made in
    reply to this Citation is punishable by fine or imprisonment.[^8]

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 John Elway Pontiac, Buick, GMC, West, at their address of record.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> Nikki P. Shears
>
> District Director, Denver 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. § 15.5(b).

[^4]: 47 C.F.R. § 1.80(b)(3).

[^5]: 47 U.S.C. §§ 401, 501, 503, 510.

[^6]: 47 U.S.C. § 503(b)(5).

[^7]: *See* Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).

[^8]: *See* 18 U.S.C. § 1001 *et seq*.