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Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
July 14, 2006
Sprint Nextel Corporation In Reply Refer To: EB-06-PA-033
Attn: Ray Rothermel Document Number: W20063240011
2001 Edmund Halley Drive
Mail Stop: VARES PO403
Reston, VA 20191
WARNING NOTICE
On March 14, 2006, in response to complaints from Cingular Wireless
("Cingular"), agents from this office conducted an inspection of the
in-building bi-directional amplifier (BDA) system that Sprint Nextel
Corporation ("Sprint") installed and operated at the State Farm Insurance
Facility, One State Farm Way, Concordville, PA. Cingular reported that the
BDA system was significantly degrading the service it was able to provide
its customers. The inspection confirmed that the BDA system operated by
Sprint was causing harmful interference to Cingular's service.
Sprint is licensed to operate in the 851-869 MHz Specialized Mobile Radio
("SMR) band under Part 90 of the Commission's rules ("Rules"). The BDA
system employed by Sprint constitutes a Class B signal booster, as that
term is defined in Section 90.7 of the Commission's rules ("Rules").
Section 90.219 of the Rules provides that licensees authorized to operate
radio systems in the frequency bands above 150 MHz are permitted to employ
signal boosters, subject to the requirement that the booster retransmits
only the licensee's authorized frequencies and that the licensees are
responsible for correcting any harmful interference such equipment may
cause to other systems. Any harmful interference must be resolved as set
forth in Section 90.173(b) of the Rules, which provides that licensees of
stations suffering or causing harmful interference are expected to
cooperate and resolve the interference problem through mutually
satisfactory arrangements. If the licensees are unable to do so, the
Commission may impose restrictions including specifying the transmitter
power, antenna height, or area or hours of operation of the stations
concerned.
Although the interference at the State Farm Facility has been resolved,
this office has continued to receive reports from Cingular of similar
harmful interference to customers at various locations in the Philadelphia
Metropolitan area, all of which contain a Sprint BDA system. Sprint has
advised FCC agents that Sprint has developed an interference mitigation
package, which includes replacement BDA equipment and external filters.
Although this interference mitigation package has eliminated the harmful
interference occurring at certain locations, Cingular customers continue
to receive harmful interference at the following locations: (1) QVC
Studio, 1220 Wilson Drive, West Chester, PA and (2) Cherry Hill High
School East, 1750 Crescent Road, Cherry Hill, NJ. The interference
mitigation package is not being implemented in a sufficiently timely
manner at these locations.
You are hereby warned that you have ten (10) days from the date of this
Warning Notice to resolve the interference at the QVC Studio and Cherry
Hill High School East. Failure to resolve the harmful interference being
caused by your BDA systems to the QVC Studio and Cherry Hill High School
East within that time period may subject you to severe penalties,
including, but not limited to, substantial monetary fines, in rem arrest
action against the offending equipment, and criminal sanctions including
imprisonment. (see 47 U.S.C. SS 401, 501, 503, and 510).
Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, you are
directed to provide, in writing, within ten (10) days from the date of
this Warning Notice, a report detailing the steps taken to resolve the
interference at the QVC Studio and Cherry Hill High School East and a
detailed plan for resolving in a timely manner any future incidents of
harmful interference caused by Sprint's BDA systems. The report and plan
should be submitted to the following address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
The Privacy Act of 1974 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 Warning Notice is punishable
by fine or imprisonment under Title 18 of the U.S. Code.
David Dombrowski
Acting District Director
Philadelphia Office
FCC Enforcement Bureau
Section 90.7 of the Rules defines a signal booster as: "A device at a
fixed location which automatically receives, amplifies, and retransmits on
a one-way or two-way basis, the signal received from base, fixed, mobile,
and portable stations, with no change in frequency or authorized
bandwidth. A signal booster may be either narrowband (Class A), in which
case the booster amplifies only those discrete frequencies intended to be
retransmitted, or broadband (Class B), in which case all signals within
the passband of the signal booster filter are amplified." 47 C.F.R. S
90.7. Sprint's signal boosters are Class B and therefore subject to the
requirement that they only be used where there is little or no risk of
interference to other users. See 47 C.F.R. S 90.219(d).
47 C.F.R. SS 90.219(a), 90.219(f).
47 C.F.R. S 90.173(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
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