August 9, 2002

Michael C. Massengale, Esquire
Baker Botts, LLP
One Shell Plaza
910 Louisiana
Houston, TX 77002-4995

Re: Reliant Energy, Incorporated; Radio Frequency
Interference to Amateur Radio Station W5GCX

Dear Mr. Massengale:

This is in response to your letter of June 28, 2002, on behalf of Reliant Energy, with respect to radio frequency interference from the operation of the company's electrical service equipment to Amateur Radio operators.

The Enforcement Bureau appreciates your comprehensive response. However, your interpretation of applicable Commission rules with respect to this matter is in error in several material respects. Reliant Energy is obligated to eliminate the interference complained of.

Your letter suggests that the interference experienced by Mr. Edward J. Gerber is due to an otherwise properly operating 250 kVA step-down transformer. Reliant's proposed solution is to relocate the transformer to another area removed from Mr. Gerber's residence, and that Mr. Gerber bear the labor cost of this relocation.

We are willing to accept your client's analysis that the transformer is the cause of the interference problem; but that is most unusual, since an arc in a transformer would typically result in failure of the transformer within a short period of time. A far more typical cause of radio interference from utility lines is in loose or corroded hardware, tie-wires, or defective insulators. Furthermore, you cite use of infrared cameras to locate hot spots as a means of identifying noise sources. The small arcs which cause RF interference typically do not cause significant heating, and therefore this may not be the most effective means of diagnosing interference problems. Finally, it is unnecessary in most cases to interrupt the power as a means of identifying the source of noise.

Regardless of the source of the interference, it is improper to attempt to pass the cost of the relocation, or other solution, to the licensee that is the victim of the interference. It is exclusively the obligation of the operator of the unlicensed device. Your interpretation of Reliant's obligation with respect to the Amateur Radio Service is that Amateur stations are not part of any "service", and that the obligation to avoid interference to a "radiocommunication service" does not include Amateur Radio stations, since individual Amateur Radio stations constitute a "use" but not a "service".

The attempted distinction is baseless. The Amateur Service is "a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs; that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest." 47 C.F.R. §97.3(a)(5). Individual licensed stations are each part of this Service. The condition of operation of any Part 15 unlicensed device is that it cannot cause harmful interference. 47 C.F.R. §15.5(b). Harmful interference, which is identically defined in both the Commission's rules and the International Radio Regulations, includes any emission, radiation or induction which seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with Title 47 C.F.R. Reliant Energy is not entitled to cause harmful interference to a licensed Amateur Radio station in the operation of its devices.

Furthermore, you claim that, since 47 C.F.R. §15.13 requires that manufacturers employ good engineering practices to minimize risk of harmful interference, that provision does not apply to Reliant Energy. However, 47 C.F.R. §15.15(b) makes it clear that operators of Part 15 devices are required to cease operation should harmful interference occur to authorized users of the radio frequency spectrum, and therefore parties responsible for equipment compliance should reduce unwanted emissions below the maximum levels specified in the regulations.

Therefore, the position of Reliant Energy, that it is willing to conduct further investigations or remedy the interference problem only if the licensed radio amateur pays its expenses, is unacceptable. Reliant must do all things necessary, and bear any and all necessary costs, to comply with its obligations as an operator of unlicensed devices pursuant to the Commission's Part 15 regulations. You are hereby requested to provide a written report within 30 days of receipt of this letter as to the steps that have been taken to eliminate this interference. Further enforcement action will be withheld pending receipt of that report. The Commission expects, however, a complete solution without further delay, and good faith on the part of your client.

cc: Mr. Edward J. Gerber
Robby Abarca, Esquire
Advisor to Chairman Rebecca Klein
Public Utility Commission of Texas