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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Norfolk Office
1457 Mount Pleasant Rd., Suite 113
Chesapeake, Virginia 23322
August 20, 2008
Gray Ingram
Greensboro, North Carolina
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-NF-0029 Document Number: W200832640003
The Norfolk Office received a complaint from Verizon Wireless ("Verizon"),
a FCC licensed user, that they were receiving interference on the
frequency of 831.26 MHz. The interference was determined by Verizon to be
caused by the operation of a bi-directional amplifier, which is an
in-building radiation system commonly known as a BDA, located at your
residence in Greensboro, North Carolina. On April 24, 2008, John Hanson,
your stepson, admitted to a FCC agent, that he disconnected a "cell phone
booster," on April 23, 2008, that was installed at your residence in
Greensboro, North Carolina. The FCC agent later contacted Verizon and
verified that they no longer detected interference coming from the BDA at
your residence.
Section 22.383 of the Commission's Rules, which applies to public mobile
service licensees like Verizon, provides that "[l]icensees may install
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 an FCC agent, Verizon 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. You are hereby warned that
operation of radio transmitting equipment without a valid radio station
authorization constitutes a violation of the Federal laws cited above and
could subject the owner of this illegal operation to severe penalties,
including, but not limited to, substantial civil forfeitures, a maximum
criminal fine of $100,000 and/or one year imprisonment, or arrest of the
equipment for the first offense (see 47 U.S.C. S:S: 501, 503 and 510).
UNLICENSED OPERATION OF THIS RADIO STATION 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. 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.
Luther Bolden
Resident Agent
Norfolk Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
Section 22.99 of the Commission's Rules defines "in-building radiation
systems" as "[s]upplementary systems comprising low power transmitters,
receivers, indoor antennas and/or leaky coaxial cable radiators, designed
to improve service reliability inside buildings or structures located
within the service areas of stations in the Public Mobile Services." 47
C.F.R. S: 22.99.
47 U.S.C. S: 301.