Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                             Denver District Office

                        215 S. Wadsworth Blvd, Suite 303

                               Lakewood, CO 80226

                               October  27, 2010

   Agilent Technologies, Inc.

   ATTN: Lane Pinnow, Facility Manager

   1900 Garden of the Gods Road

   Colorado Springs, CO 80907

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-DV-0316

   Document Number: W201132800003

   On September 22, 2010, in response to an interference complaint from
   T-Mobile affecting the frequency ranges of 1870 MHz to 1885 MHz and 1890
   MHz to 1895 MHz in Colorado Springs, Colorado, an agent from the Denver
   Office, along with T-Mobile engineers, investigated the source of the
   radio frequency interference ("RFI"). The RFI was determined to be
   emanating from an in-building bi-directional amplifier ("BDA") installed
   in the Information Distribution Frame (IDF) room located in building "B"
   of the Agilent facility. The Agilent facility is located at 1900 Garden of
   the Gods Road, in Colorado Springs, Colorado. During the interview with
   the Denver agent, a facilities manager (a contract representative from
   Johnson Controls) acknowledged the operation of a BDA.

   T-Mobile has a license to provide PCS services in the 1900 MHz band in the
   Colorado Springs area. Based on the information before us, it appears the
   operation of your transmitter (BDA) is subject to the licensing
   requirements under Section 24.11 of the Commission's Rules, which applies
   to PCS licensees like T-Mobile. In addition, transmitters in the PCS radio
   service must have received an equipment authorization prior to use. A
   licensee's authority to install a BDA does not, without further
   authorization from the licensee, permit a subscriber to install a BDA. The
   T-Mobile engineers were not aware of an authorization provided to you to
   install a BDA.

   Operation of radio transmitting equipment without a valid FCC
   authorization or license is a violation of Section 301 of the
   Communications Act of 1934, as amended, and may subject the responsible
   parties to substantial monetary forfeitures, in rem arrest action against
   the offending radio equipment, and criminal sanctions including
   imprisonment. Because unlicensed operation creates a danger of
   interference to important radio communications services and may subject
   the operator to severe penalties, this warning emphasizes the importance
   of complying strictly with these legal requirements.

             UNLICENSED OPERATION MUST BE DISCONTINUED IMMEDIATELY.

   You have ten (10) days from the date of this notice to respond with any
   evidence that you have authority to operate granted by the FCC or have
   obtained consent from a licensed Common Carrier. To resolve the issue with
   respect to your authority to operate this device, and pursuant to Section
   403 of the Communications Act of 1934, as amended, provide an explanation
   as to what has been done to correct the interference issue and to ensure
   that it will not recur.

   Your response should be sent to the address in the letterhead and
   reference the listed case and document number. Under the Privacy Act of
   1974, 5 U.S.C. S: 552a(e)(3), 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. This will include any information that you disclose in
   your reply.

   You may contact this office if you have any questions.

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", March 2005

   Typically, a BDA is one component in an in-building radiation system
   comprising of low power transmitters, receivers, indoor antennas and/or
   leaky coaxial cable radiators, designed to improve service reliability
   inside buildings or structures.  See 47 C.F.R. S: 22.99.

   47 C.F.R. S: 24.11.

   See 47 C.F.R. S: 24.51

   47 U.S.C. S: 301.

   See 47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S: 403.

   2