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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Miami Office
P.O. Box 520617
Miami, FL 33152
April 27, 2009
James Wanza
Miami, FL
NOTICE OF UNAUTHORIZED OPERATION AND
INTERFERENCE TO LICENSED RADIO STATIONS
Case Number: EB-09-MA-0014
Document Number: W200932600050
On April 8, 2009, agents from the Miami Office confirmed by direction
finding techniques that radio signals on frequency 1.890 GHz were
emanating from your apartment in Miami, FL. The agents from this office
confirmed that these radio signals were interfering with T-Mobile's
licensed communications. On that same day, the agents requested to inspect
your radio transmitting equipment, and you refused to allow the
inspection.
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. In addition, radio transmitting equipment must comply
with FCC rules. 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. In addition, Section 302(b) of the Act, and Section 2.803(a)
of the Commission's rules, prohibit the manufacture, importation,
marketing, sale or operation of devices deliberately designed to jam or
disrupt wireless communications. 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. Section
303(n) of the Act also authorizes agents of the Commission to inspect all
radio installations to determine compliance with Commission rules.
The operation of the device utilized by you constitutes a violation of
Sections 333, 302(b), and 301 of the Act, as described above. Such
operation may subject you to substantial monetary forfeitures, in rem
arrest action against the offending radio equipment, and criminal
sanctions including imprisonment. 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 THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
You may respond with any information you believe relevant to this warning
within (10) days from the date of this warning. 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. This will include any information that you
disclose in your reply.
Be advised that this warning does not preclude this office from pursuing
additional administrative sanctions based upon our investigation of this
incident.
You may contact this office if you have any questions.
Michael Mattern
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
47 U.S.C. S: 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. S:S: 15.1 et seq.
47 C.F.R. Part 2, Subpart J.
47 U.S.C. S: 333.
47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803(a).
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 Transmitters Designed to Prevent, Jam or Interfere with Cell Phone
Communications is Prohibited in the United States. DA 05-1776, released
June 27, 2005.
47 U.S.C. S: 303(n).
47 U.S.C. S:S: 301, 302a(b), 333.
See 47 U.S.C. S:S: 401, 501, 503, 510.
5 U.S.C. S: 552a(e)(3).