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
SOUTH CENTRAL REGION
Atlanta Office
3575 Koger Blvd., #320
Atlanta, Georgia 30096
November 13, 2009
Norco D&I Enterprises, Inc.
Oak Ridge, TN
NOTICE OF UNAUTHORIZED OPERATION AND
INTERFERENCE TO LICENSED RADIO STATIONS
Case Number: EB-09-AT-0056
Document Number: W201032480003
On October 30, 2009, in response to a complaint of interference from U.S.
Cellular, agents from the Commission's Atlanta Office of the Enforcement
Bureau confirmed by direction finding techniques that radio signals on the
824-849 MHz band were emanating from your business located at 151 Midway
Lane, Oak Ridge, TN. The agents inspected your business and found a radio
transmitting device designed to jam licensed radio communications
transmissions in the 824-849 and 869-894 MHz frequency bands, as well as
other licensed frequency bands. U.S. Cellular has a license to provide
cellular communications in the 824-849 and 869-894 MHz frequency bands.
During the inspection, the business owner admitted that the unit had been
in operation and voluntarily relinquished the unit.
Persons operating or using radio transmitters must be licensed or
authorized by the Commission, pursuant to Section 301 of the
Communications Act of 1934, as amended ("Act"). In addition, radio
transmitting equipment must comply with the Commission's Rules ("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 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 devices 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.
OPERATION OF THIS PROHIBITED RADIO TRANSMISSION MUST NOT RESUME.
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.
Sincerely,
Douglas G. Miller
District Director
Atlanta Office
South Central Region
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).