August 10, 2004
Ms. (name withheld)
Friendship Ranch
Bailey, CO 80421
RE: Radio Frequency Interference
Enforcement Case # EB-2004-2528
Dear Ms. (name withheld):
On February 23, 2004, we notified you that an electric fence charger at your residence was causing harmful radio interference to P. E. Meutz at 14 Aspen Drive in Bailey. The letter notified you of the Commission's rules regarding these devices and your responsibilities to correct any harmful interference to licensed radio services.
In April 2004 we discussed the matter with Glen Henning, the electrician you had requested to check your residence. On May 3, 2004, he was furnished 6 suggestions that would eliminate or severely reduce the interference. As of August 4, Mr. Meutz is still receiving interference to his televisions and to devices used in the Amateur Radio Service.
We discussed this matter with you by telephone in April, and while we appreciate the your explanation of what can only be described as an unfortunate neighborhood situation, the fact remains that Commission rules prohibit the operator of any Part 15 device from causing harmful interference to a licensed radio service. Operation of a consumer device, such as your fence charger, under Part 15 of the Commission's rules must not result in harmful interference to a licensed radio service and Part 15 of our rules clearly explains that.
Whenever such interference does occur, the operator of a Part 15 device is responsible for correcting the interference, and if necessary, must cease operation of the device causing it. Our previous letter cited the applicable rules and you may wish to consult an attorney regarding them.
Please be advised that the responsibility to correct the problem is yours and if the interference is not corrected by September 15, 2004, we will request the Field office to investigate the interference and issue a monetary forfeiture (fine) to you as appropriate.
If you or your electrician have any questions about this matter, please contact me at 717-338-2502.
CC: FCC Western Regional Director