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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
May 8, 2012
Prudential Fox & Roach
3838 Kennett Pike
Wilmington, Delaware 19807
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-12-00001615
Document Number: W201232400006
On March 29, 2012, agents from this office conducted an investigation and
found that Prudential Fox & Roach (Prudential) was operating a Wilson
Electronics bi-directional amplifier (BDA) Model AG PRO 70 BDA at 3838
Kennett Pike, Wilmington, Delaware. During the inspection, Prudential
admitted to operating the BDA from this location to improve in-building
reception for Verizon Wireless.
Verizon Wireless and AT&T have licenses to provide both cellular
communications in the 824-894 MHz band and PCS communications in the
1850-1990 MHz band in your area. Sprint Nextel and T-Mobile have licenses
to provide PCS communications in the 1850-1990 MHz band in your area.
While Verizon Wireless, AT&T, Sprint Nextel, and T-Mobile have authority
under their licenses to install BDAs, 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. In
response to an inquiry from an FCC agent, Verizon Wireless reported that
it did not provide you authorization to install a BDA. In addition, you
admitted to an FCC agent that you did not obtain authorization to install
a BDA from any licensed carrier.
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 issues
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 discontinue any unlicensed
operation, and provide any agreements made with any public mobile service
licensees to operate the system and include any relevant documents. You
must also identify the make, model and serial number of each piece of
equipment including the antennas if applicable.
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.
Kevin Doyle
Acting District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Section 22.99 of the Commission's 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.
Section 22.383 of the Commission's rules, which applies to cellular
licensees, 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." 47 C.F.R. S: 22.383. Subscribers to PCS
services similarly are not permitted to operate BDAs without authorization
from the PCS licensee. See 47 C.F.R. S: 24.11.
We note that, because the Wilson Electronics AG Pro 70 BDA operates on the
entire cellular and PCS bands, Prudential would be required to obtain
authorization from all public mobile service licensees serving Wilmington,
Delaware in order to operate this BDA.
47 U.S.C. S: 301.
See 47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 403.