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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Houston Office
9597 Jones Road, #362
Houston, TX 77065
September 23, 2010
Alfred Moran
Houston, Texas
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-HU-0063
Document Number: W201032540007
On September 16, 2010, in response to an interference complaint from AT&T
Mobility, agents from this office confirmed by direction finding
techniques that radio signals on frequency 1875 MHz were emanating from
your residence in Houston, Texas. On September 16, 2010, agents from this
office, accompanied by you, found a bi-directional amplifier ("BDA") or
signal booster in use at your residence. During this time, the device was
turned off, and the interference to AT&T Mobility ceased.
AT&T Mobility has a license to provide cellular communications on 1875 MHz
in the Houston area. Section 22.383 of the Commission's Rules 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. AT&T Mobility
informed this Office 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. 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.
Lee R. Browning
Resident Agent
Houston 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.
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