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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco District Office
5653 Stoneridge Dr., Ste 105
Pleasanton, CA 94588-8543
April 22, 2011
Tommy Nguyen
Santa Clara, CA 95054
NOTICE OF UNAUTHORIZED OPERATION AND
INTERFERENCE TO LICENSED RADIO STATIONS
Case No.: EB-11-SF-0058
Document Number: W201132960003
On April 12, 2011, in response to a complaint of interference, an agent
from the Enforcement Bureau's San Francisco office visited your residence
in Santa Clara, California, and determined that radio signals on 850-894
MHz, 925-960 MHz, 1805 - 1990 MHz, and 2110 - 2170 MHz had originated from
a radio transmitter at that location. The device in question was designed
to jam or intentionally interfere with licensed radio communications in
the cellular and personal communications service ("PCS") radio services as
well as other licensed frequency bands in operation. During the
inspection, in an interview with the San Francisco agent, you admitted
that you operated the jamming device at your place of residence, and that
you have ceased operation of the device.
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. 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 of
the Commission's 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 PCS
telephones is unlawful.
The operation of the device utilized by you may constitute 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 warning emphasizes the
importance of complying strictly with these legal requirements.
UNAUTHORIZED OPERATION OF THIS 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 notice. 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.
Be advised that this notice does not preclude this office from pursuing
additional sanctions based upon our investigation of this incident.
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
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.
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:S: 301, 302a(b), 333.
See 47 U.S.C. S:S: 401, 501, 503, 510.
5 U.S.C. S: 552a(e)(3).
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