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

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.



                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                                Seattle  Office

                         11410 NE 122nd Way, Suite 312

                         Seattle, Washington 98034-6927

                                  May 25, 2011

   Jerry Parks

   Seattle, WA

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-11-ST-0025

   Document Number: W201132980001

   On April 28, 2011, in response to an interference complaint from AT&T
   Wireless on the frequency range from 830.0 MHz to 834.0 MHz in Seattle,
   Washington, an agent from the Enforcement Bureau's Seattle Office located
   the signal transmitting from a pleasure vessel "Restless" moored at the
   end of Q Dock in Shilshole Marina at 7001 Seaview Avenue NW, Seattle
   Washington. During the inspection the Seattle agent observed a
   bi-directional amplifier ("BDA") installed inside the cabin of the vessel.

   AT&T Wireless has a license to provide cellular services in the frequency
   range 830.0 MHz to 834.0 MHz in the Seattle area. Section 22.383 of the
   Commission's Rules, which applies to Public Mobile Services licensees like
   AT&T Wireless, provides that "[l]icensees may install and operate
   in-building radiation systems without applying for authorization or
   notifying the FCC, provided that the locations of the in-building
   radiation systems are within the protected service area of the licensee's
   authorized transmitter(s) on the same channel or channel block." A
   licensee's authority to install a BDA does not, without further
   authorization from the licensee, permit a subscriber to install a BDA. In
   response to an inquiry from a Seattle agent, AT&T Wireless reported that
   it did not provide you authorization 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.


   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; provide the equipment authorization for the
   equipment involved, and identify the make, model and serial number of each
   piece of equipment including the antennas if applicable.

   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.


   Kristine A. McGowan

   District Director

   Seattle Office

   Western Region

   FCC Enforcement Bureau


   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: 22.383.

   47 U.S.C. S: 301.

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

   47 U.S.C. S: 403.