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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of                )       
                                )       
Nick's Meat Market              )            File  No.  EB-04-BF-
207
                                )
Rochester, New York             )            Citation         No. 
C20053228001
                                        

                            CITATION
                                                                  
                                             Released:  January 
3, 2005
By the Enforcement Bureau, Northeast Region, Buffalo Office:

     1.   This is an official Citation issued pursuant to Section 
        503(b)(5) of the Communications  Act of 1934, as  amended 
        (``Act''),1  to  Nick's   Meat  Market  (``Nicks'')   for 
        violation  of  Section   15.5(b)  and   15.5(c)  of   the 
        Commission's Rules (``Rules'').2

     2.   The Rochester New York Fire Department reported harmful 
        interference to their radio communications at their  fire 
        station located at  450 Lyell  Avenue.  The  interference 
        was  affecting  communications  on  the  frequencies   of 
        154.13  MHz  and  154.250  MHz.   Investigation  by   the 
        Commission's Buffalo  Office  of the  Enforcement  Bureau 
        (Buffalo Office'') on December  20, 2004 determined  that 
        the  Javelin  pro  series  security  monitor  located  at 
        Nick's Meat  Market,  444 Lyell  Avenue,  Rochester,  New 
        York  was  causing  the   harmful  interference  to   the 
        Rochester Fire Department.  

     3.   Section 15.5(b) of the Rules provides that  ``Operation 
        of an unintentional radiator is subject to the  condition 
        that no  harmful  interference is  caused....''   Section 
        15.5(c) of the  Rules provides that  ``The operator of  a 
        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.''

     4.   Nick's Meat Market  is hereby warned  the operation  of 
        the  Javelin  pro  series  security  monitor  is  causing 
        harmful interference to  safety radio communications  and 
        constitutes a violation of the Federal laws cited  above.  
        THE OPERATION OF THE JAVELIN PRO SERIES SECURITY  MONITOR 
        MUST CEASE IMMEDIATELY.  

     5.   Subsequent violations of the Communications Act or  the 
        Commission's  Rules   may   subject   the   violator   to 
        substantial monetary  forfeitures not  to exceed  $11,000 
        for each  such  violation or  each  day of  a  continuing 
        violation,3  seizure   of   equipment  through   in   rem 
        forfeiture  action,  and  criminal  sanctions   including 
        imprisonment. 4

     6.   You  may   request   a  personal   interview   at   the 
        Commission's  Field   Office   nearest  your   place   of 
        business.  The  nearest  office is  the  Buffalo  Office, 
        1307 Federal Building,  Buffalo, New  York  14202,  which 
        you can  contact  by telephone  at   XXX  XXX-XXXX.   You 
        must  schedule  this  interview  to  take  place   within 
        twenty-one  (21) days  of  the  date  of  this  Citation.  
        Alternatively, you may submit a written statement to  the 
        above address within twenty-one (21) days of the date  of 
        this Citation. Any written statement should specify  what 
        actions  have  been  taken  to  correct  the   violations 
        outlined above.  Please  reference case number  EB-04-BF-
        207 when corresponding with the Buffalo Office.

     7.   This Citation shall be sent First Class U.S. Mail  and, 
        Certified Mail, Return Receipt Requested, to Nick's  Meat 
        Market,   Attn:   Ziyad   AL-haggi,  444  Lyell   Avenue, 
        Rochester, New York  14606.

     8.   The Privacy Act  of 19745 requires  that we advise  you 
        that  the  Commission  will  use  all  relevant  material 
        information  before   it,   including   any   information 
        disclosed in  your  reply,  to determine  what,  if  any, 
        enforcement action  is  required  to  ensure  compliance.  
        Any  false statement  made  knowingly  and  willfully  in 
        reply  to  this  Citation   is  punishable  by  fine   or 
        imprisonment under Title 18 of the U.S. Code.6  

                                FEDERAL            COMMUNICATIONS 
     COMMISSION


                                David A. Viglione
                                Resident Agent
                                Buffalo Office
                                Northeast Region
_________________________

1 47 U.S.C. § 503(b)(5).
2
 47 C.F.R. § §15.5(b) and 15.5(c).

3 See 47 C.F.R. § 1.80(b)(3).

4 See 47 U.S.C. §§ 401, 501, 503, 510.
5
 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
6
 18 U.S.C. § 1001 et seq.