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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
New York Office
201 Varick Street
New York, NY 10014
March 9, 2010
Peter Goldberg
Fair Lawn, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-NY-0066
Document Number: W201032380040
On March 4, 2010, in response to an interference complaint from Verizon
Wireless, agents from this office confirmed by direction finding
techniques that radio signals on frequency 837.75 MHz were emanating from
42-08 Cosgrove CT, Fair Lawn, NJ 07410. Public records indicate that you
are the owner of this residence. On March 4, 2010, agents from this office
inspected your radio station and found a bi-directional amplifier ("BDA")
or signal booster in use. On March 4, 2010, you admitted to operating a
bi-directional amplifier ("BDA") or signal booster from your residence.
During the inspection, the device was turned off, and the interference to
Verizon ceased.
Verizon has a license 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 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 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, Verizon Wireless 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 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 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.
Daniel W. Noel
District Director
New York Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
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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