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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Miami Office
P.O. Box 520617
Miami, FL 33152
(305) 994-1642
March 23, 2010
Stephen Pearson
Marathon, FL
NOTICE OF UNAUTHORIZED OPERATION AND
INTERFERENCE TO LICENSED RADIO STATIONS
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.
OPERATION OF THIS PROHIBITED RADIO TRANSMITTING DEVICE 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.
You may contact this office if you have any questions.
Steven DeSena
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).