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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Denver District Office
215 S. Wadsworth Blvd, Suite 303
Lakewood, CO 80226
October 27, 2010
Agilent Technologies, Inc.
ATTN: Lane Pinnow, Facility Manager
1900 Garden of the Gods Road
Colorado Springs, CO 80907
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-DV-0316
Document Number: W201132800003
On September 22, 2010, in response to an interference complaint from
T-Mobile affecting the frequency ranges of 1870 MHz to 1885 MHz and 1890
MHz to 1895 MHz in Colorado Springs, Colorado, an agent from the Denver
Office, along with T-Mobile engineers, investigated the source of the
radio frequency interference ("RFI"). The RFI was determined to be
emanating from an in-building bi-directional amplifier ("BDA") installed
in the Information Distribution Frame (IDF) room located in building "B"
of the Agilent facility. The Agilent facility is located at 1900 Garden of
the Gods Road, in Colorado Springs, Colorado. During the interview with
the Denver agent, a facilities manager (a contract representative from
Johnson Controls) acknowledged the operation of a BDA.
T-Mobile has a license to provide PCS services in the 1900 MHz band in the
Colorado Springs area. Based on the information before us, it appears the
operation of your transmitter (BDA) is subject to the licensing
requirements under Section 24.11 of the Commission's Rules, which applies
to PCS licensees like T-Mobile. In addition, transmitters in the PCS radio
service must have received an equipment authorization prior to use. A
licensee's authority to install a BDA does not, without further
authorization from the licensee, permit a subscriber to install a BDA. The
T-Mobile engineers were not aware of an authorization provided to you 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 issue 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.
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.
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
Typically, a BDA is one component in an in-building radiation system
comprising of low power transmitters, receivers, indoor antennas and/or
leaky coaxial cable radiators, designed to improve service reliability
inside buildings or structures. See 47 C.F.R. S: 22.99.
47 C.F.R. S: 24.11.
See 47 C.F.R. S: 24.51
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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