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                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                                  Miami Office

                                P.O. Box 520617

                                Miami, FL 33152

                                 (305) 994-1642

                                 March 23, 2010

   Stephen Pearson

   Marathon, FL 



   Case Number: EB-10-MA-0050

   Document Number: W201032600025

   The Commission's Miami Office of the Enforcement Bureau received a
   complaint from AT&T that radio signals on 840 MHz - 900 MHz and other
   licensed frequency bands were emanating from a cell phone jamming device
   located at your auto shop, which were causing harmful interference to
   their system. AT&T is licensed to provide cellular communications in the
   824-849 and 869-894 MHz frequency bands. On March 19, 2010, agents from
   this office inspected your business and observed a cell phone jamming
   device mounted on the wall inside your shop located at 2525 Overseas
   Highway, Marathon, FL 33050. The device was not on at the time. During the
   inspection, you admitted that you were operating the cell phone jamming
   device, and stated you would not turn the unit back on. AT&T reported that
   with the unit powered down, the interference was not present.

   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 are 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.


   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.

   You may contact this office if you have any questions.

   Steven DeSena

   Resident Agent

   Miami Office


   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).