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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
(215) 741-3016
July 9, 2010
Michael Herring
Philadelphia, PA
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-PA-0142
Document Number: W201032400008
On May 19, 2010, the Philadelphia Office received information that
interference was being caused to critical Global Positioning System
("GPS") navigation signals in the downtown area of Philadelphia. Using
mobile direction finding techniques, agents determined that the
interference was coming from Apartment # 550 at 3131 Walnut Street in
Philadelphia, Pennsylvania and was causing interference to the GPS
navigation signals on 1575.42 MHz on May 19, 2010 and May 20, 2010. Agents
further determined that the interference was caused by a radio
transmitting device designed to jam Global Positioning System ("GPS
Jammers") transmissions that Michael Herring was operating from Apartment
# 550 at 3131 Walnut Street, Philadelphia, Pennsylvania. The use of a GPS
Jammer is strictly prohibited. Mr. Herring admitted to operating the
device and voluntarily relinquished the device to the agents.
Persons operating or using radio transmitters must be licensed or
authorized by the FCC, pursuant to Section 301 of the Communications Act
of 1934, as amended. In addition, radio transmitting equipment must comply
with FCC rules. GPS Jammers are intentional radiators and operate in
frequency bands used for GPS, which are within the restricted frequency
bands listed in Section 15.205(a) of the Rules. The purpose of GPS Jammers
is to block or interfere with radio communications that are conveying
navigation information. Such use is prohibited by Section 333 of the Act,
which states that "[n]o person shall willfully or maliciously interfere
with or cause interference to any radio communications of any station
licensed or authorized by or under this Act or operated by the United
States Government." A GPS Jammer operates in restricted frequency bands,
intentionally interferes with radio communications, is not eligible for
FCC certification, and use of a GPS jammer is strictly prohibited.
The operation of a GPS jammer by Michael Herring constitutes a violation
of Sections 333 and 301 of the Act, as described above, and future
operation of a GPS jammer may subject Michael Herring 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 warning emphasizes the importance of complying strictly with these
legal requirements.
OPERATION OF A GPS JAMMER 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 the Communications Act and FCC Rules. This will include
any information that you disclose in your reply.
Gene J. Stanbro
District Director
Philadelphia Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
47 C.F.R. Part 2, Subpart J.
47 C.F.R. S: 15.205(a). Section 15.205(a) of the Rules allows intentional
radiators to transmit only spurious emissions in the restricted frequency
bands. This section permits only very low level spurious emissions in
restricted bands, from transmitters operating outside the restricted
bands.
47 U.S.C. S: 333.
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).