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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Detroit Office
24897 Hathaway St.
Farmington Hills, MI 48335-1552
(248) 471-5661
January 20, 2012
MIXX Lounge, LLC.
Novi, MI
NOTICE OF UNLICENSED OPERATION
Case Number: EB-11-DT-0263
Document Number: W201232360001
On October 20, 2011, an agent from the Detroit Office responded to a
complaint from the General Motors Electromagnetic Compatibility Division
alleging that automotive remote keyless entry systems were being jammed by
in-band signals on 314.93 MHz. The agent confirmed, using
direction-finding techniques, that the signal on frequency 314.93 MHz was
emanating from the MIXX Lounge at 43115 Main Street, Novi, Michigan. The
agent isolated the source of the interference to a wireless transmitting
device associated with a lighting controller located inside the MIXX
Lounge. The wireless device was transmitting light control signals on
314.93 MHz. Field-strength measurements showed that the signal level of
the wireless device exceeded the Part 15 emission limits of a non-licensed
device at that frequency. The agent also observed that the device did not
have an FCC ID. Further, when the device was turned off, the interference
ceased.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The only exception to this licensing requirement is for certain
transmitters using or operating at a power level or mode of operation that
complies with the standards established in Part 15 of the Commission's
rules, 47 C.F.R. S:S: 15.1 et seq. In addition, intentional radiators
operating pursuant to Part 15 must be labeled with an FCC ID. Operation of
a Part 15 device in a manner inconsistent with Part 15 requirements
requires a license pursuant to 47 U.S.C. S: 301. Because the wireless
device operated at the MIXX Lounge did not contain an FCC ID label and the
transmissions exceeded the allowable emission limits, such operation
required a license.
Nonlicensed operation of a Part 15 device is also subject to the condition
that it must not cause harmful interference and, if harmful interference
occurs, operation of the device must cease. Harmful interference is
defined as "[a]ny emission, radiation or induction that endangers the
functioning of a radio navigation service or of other safety services or
seriously degrades, obstructs or repeatedly interrupts a radio
communications service." You are hereby notified that the operation of the
wireless transmitting device associated with the lighting controller
caused harmful interference to automotive remote keyless entry systems.
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of the
Federal laws cited above and could subject the operator to severe
penalties, including, but not limited to, substantial monetary fines, in
rem arrest action against the offending radio equipment, and criminal
sanctions including imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and
510).
UNLICENSED OPERATION OF THIS RADIO TRANSMITTING EQUIPMENT 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.
James A. Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
47 C.F.R. S: 15.19.
See 47 C.F.R. S:S: 15.5, 15.405.
47 C.F.R. S: 15.3(m).