[PVRCNC] Electric Fence RFI -FCC

[alsopb]

I was suprised to see the following enforcement action. 

January 30, 2003 

Ms. Diana Sulkowski
9462 S.E. Duncan Street
Hobe Sound, FL 33455 

Dear Ms. Sulkowski: 

The Federal Communications Commission has received complaints that an
electric fence at your residence may be causing harmful radio
interference to an operator in the Amateur Radio Service. The
complainant is: 

Edwin Petzolt
9532 S.E. Duncan Street 

The FCC has the responsibility to require that such problems be
rectified within a reasonable time if the interference is caused by
faulty consumer equipment. Your power service provider, Florida Power
& Light, has confirmed your residence as the source of the
interference. Under FCC rules, such equipment is classified as an
"incidental radiator."  This term is used to describe equipment that
does not intentionally generate any radio-frequency energy, but that
may create such energy as an incidental part of its intended
operation. 

To help you better understand your responsibilities under FCC rules,
here are the most important rules relating to radio and television
interference from incidental radiators: 

Title 47, CFR Section 15.5 General conditions of operation. 

(b) Operation of an intentional, unintentional, or incidental radiator
is subject to the conditions that no harmful interference is caused
and that interference must be accepted that may be caused by the
operation of an authorized radio station, by another intentional or
unintentional radiator, by industrial, scientific and medical (ISM)
equipment, or by an incidental radiator. 

(c) The operator of the radio frequency device shall be required to
cease operating the device upon notification by a Commission
representative that the device is causing harmful interference.
Operation shall not resume until the
condition causing the harmful interference has been corrected. 

Title 47, CFR Section 15.13 Incidental radiators. 

Manufacturers of these devices shall employ good engineering practices
to minimize the risk of harmful interference. 

Title 47, CFR Section 15.15 General technical requirements. 

(c) Parties responsible for equipment compliance should note that the
limits specified in this part will not prevent harmful interference
under all circumstances. Since the operators of Part 15 devices are
required to cease operation should harmful interference occur to
authorized users of the radio frequency spectrum, the parties
responsible for equipment compliance are encouraged to employ the
minimum field strength necessary for communications, to provide
greater attenuation of unwanted emissions than required by these
regulations, and to advise the user as to how to resolve harmful
interference problems (for example, see Sec. 15.105(b)). 

The complainant has attempted unsuccessfully to resolve this problem
with your electric fence and as a result the matter has been referred
to our office. The FCC prefers that those responsible for the proper
operation of equipment
assume their responsibilities fairly. This means that you should
resolve the interference caused by the electric fence and make
necessary corrections within a reasonable time. 

While the FCC has confidence that most people are able to resolve
these issues voluntarily, the FCC wants to make you aware that this
unresolved problem may be a violation of FCC rules and could result in
a monetary forfeiture (fine) for each occurrence. At this stage, the
FCC encourages the parties to resolve this problem without FCC
intervention; but if necessary to facilitate resolution, the FCC may
investigate possible rules violations and address appropriate
remedies. 

The American Radio Relay League, a national organization of Amateur
Radio operators, may be able to offer help and guidance about radio
interference that involves Amateur Radio operators. 

American Radio Relay League
Radio Frequency Interference Desk
225 Main Street
Newington, CT 06111
860-594-0200
E-mail: rfi@arrl.org 

Please advise the complainant what steps you are taking to correct
this reported interference problem. The FCC expects that most cases
can be resolved within 60 days of the time they are first reported. If
you are unable to resolve this within 60 days, please advise this
office about the nature of the problem, the steps you are taking to
resolve it and the estimated time in which those steps can be
accomplished. 

If you have any questions about this matter, please contact: 

W. Riley Hollingsworth
Special Counsel
Enforcement Bureau, FCC
E-mail: rholling@fcc.gov 

Thank you for your cooperation. 

Sincerely, 

Sharon Bowers, Chief
Consumer Inquiries & Complaints Division
Consumer Information & Governmental Affairs Bureau