FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU NORTHEAST REGION Philadelphia Office One Oxford Valley Building, Suite 404 2300 East Lincoln Highway Langhorne, Pennsylvania 19047 (215) 741-3016 February 24, 2012 Jack Campbell Case Number: EB-FIELDNER-12-00000835 Diane Campbell Document Number: W201232400002 Lurgan, Pennsylvania NOTICE OF UNAUTHORIZED OPERATION AND INTERFERENCE TO LICENSED RADIO STATIONS This office received a complaint from a licensed telecommunications provider that it was receiving interference in the 450-470 MHz band from a radio transmitting device operating in Lurgan, Pennsylvania. On February 17, 2012, agents from this office determined by direction finding techniques that the source of the interference was emanating from your residence in Lurgan, Pennsylvania. During an inspection, agents confirmed that the device causing the interference was designed to jam radio transmissions. Persons operating or using radio transmitters must be licensed or authorized by the FCC, pursuant to Section 301 of the Communications Act of 1934, as amended.1 In addition, radio transmitting equipment must comply with FCC rules.2 Section 333 of the Act prohibits willful or malicious interference with any radio communications of any station licensed or authorized by or under the Act or operated by the United States Government.3 In addition, Section 302(b) of the Act, and Section 2.803 of the Commission’s rules, prohibit the manufacture, importation, marketing, sale or operation of devices deliberately designed to jam or disrupt wireless communications.4 The Commission has issued two Public Notices specifically stating that the sale and use of transmitters designed to prevent, jam or interfere with the operation of cellular and personal communications service (PCS) telephones is unlawful.5 1 47 U.S.C. § 301. The only exception to this licensing requirement is for certain transmitters using or operating at a power level that complies with the standards established in Part 15 of the Commission's rules. 47 C.F.R. §§ 15.1 et seq. 2 47 C.F.R. Part 2, Subpart J. 3 47 U.S.C. § 333. 4 47 U.S.C. § 302a(b); 47 C.F.R. § 2.803. 5 See Office of Engineering and Technology and Compliance and Information Bureau Warn Against the Manufacture, Importation, Marketing or Operation of Transmitters Designed to Prevent or Otherwise Interfere with Cellular Radio Communications. DA 99-2150, released October 12, 1999; Sale or Use of – 2 – Operation of a jamming device constitutes a violation of Sections 333, 302(b), and 301 of the Act, as described above.6 Such operation may subject you to substantial monetary forfeitures, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment.7 Because unauthorized operation creates a danger of interference to important radio communications services, and may subject the operator to severe penalties, this notice emphasizes the importance of complying strictly with these legal requirements. UNAUTHORIZED OPERATION OF A RADIO TRANSMITTING DEVICE DESIGNED TO JAM RADIO COMMUNICATIONS MUST CEASE IMMEDIATELY. CONTINUED OPERATION OF SUCH A DEVICE MAY RESULT IN SEIZURE OF THE OFFENDING EQUIPMENT AND/OR A COURT ORDER PROHIBITING YOU FROM OPERATING SUCH DEVICES Within ten (10) days from the date of this notice, you are asked to provide information regarding the entity from whom you purchased the device, including copies of any receipts or invoices. You also may respond with any other information you believe relevant to this notice. Your response should be sent to the address in the letterhead and reference the listed case number. Under the Privacy Act of 1974, we are informing you that the Commission’s staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules.8 This will include any information that you disclose in your reply. Be advised that this notice does not preclude this office from pursuing additional sanctions based upon our investigation of this incident. David C. Dombrowski Acting District Director Philadelphia Office Northeast Region Enforcement Bureau Attachments: FCC Enforcement Advisory No. 2011-04 Cell Phone Jammers: Frequently Asked Questions (FAQs) Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", March 2005 Transmitters Designed to Prevent, Jam or Interfere with Cell Phone Communications is Prohibited in the United States. DA 05-1776, released June 27, 2005. See also Cell Jammers, GPS Jammers, and Other Jamming Devices Consumers Beware: It is Unlawful to Use "Cell Jammers" and Other Equipment that Blocks, Jams, or Interferes with Authorized Radio Communications in the U.S., FCC Enforcement Advisory, 26 FCC Rcd 1329 (2011). 6 47 U.S.C. §§ 301, 302a(b), 333. 7 47 U.S.C. §§ 401, 501, 503, 510. 8 5 U.S.C. § 552a(e)(3).