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Federal Communications Commission
Enforcement Bureau
South Central Region
Miami Office
PO Box 520617
Miami, FL 33152
December 3, 2009
License Holdings, LLC dba 2 Go Media
Fort Lauderdale, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-MA-0195
Document Number: W201032600018
On November 27, 2009, the Commission's Miami Office of the Enforcement
Bureau received an interference complaint from AT&T Mobility ("AT&T") that
a very strong interfering signal was seriously degrading communications to
an AT&T cellular radio site in Fort Lauderdale, Florida. An AT&T
representative indicated that the source of interference was emanating
from a commercial building at 110 E. Broward Blvd, Ft. Lauderdale,
Florida.
On November 30, 2009, in response to the interference complaint, an agent
from this office confirmed by direction finding techniques that radio
signals, including those on 825.51 MHz, were emanating from an antenna
installed inside your suite at the above referenced location in Ft.
Lauderdale. After performing an inspection, the agent determined that you
were operating a bi-directional amplifier ("BDA") or signal booster in the
suite at the time of inspection. During the inspection, an employee turned
off the device, and the interference to AT&T ceased.
AT&T has licenses to provide cellular communications in the 824-849 and
869-894 MHz bands. Section 22.383 of the Commission's Rules, which applies
to public mobile service licensees like AT&T, 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 permit a
subscriber to install a BDA, unless that subscriber has received explicit
authorization from the licensee to do so. In response to an inquiry from
an FCC agent, AT&T 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.
UNLICENSED OPERATION MUST NOT RESUME.
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 issues
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 any agreements made with any
cellular carrier to operate the system and include any relevant documents.
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.
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
FEDERAL COMMUNICATIONS COMMISSION
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
Section 22.99 of the Rules defines "signal booster" as a "stationary
device that automatically reradiates signals from base transmitters
without channel translation, for the purpose of improving the reliability
of existing service by increasing the signal strength in dead spots." 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.
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