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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Seattle Office
11410 NE 122^nd Way, Suite 312
Kirkland, WA 98034
March 13, 2013
SAFE Boats International, LLC
Bremerton, WA 98312
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDWR-13-00006649
Document Number: W201332980008
On February 8, 2013, in response to an interference complaint from AT&T
Wireless affecting the frequency range of 824 MHz to 829 MHz in Bremerton,
Washington, agents from the Seattle Office investigated the source of the
radio frequency interference and determined that it was emanating from an
in-building bi-directional amplifier (BDA)^ installed at the SAFE Boats
International's facility, 5650 Imperial Way, in Bremerton, Washington.
During the interview with the Seattle agents, a SAFE Boats manager
acknowledged the operation of a cellular BDA in this building.
Section 22.383 of the Commission's Rules,^ which applies to Public Mobile
Services licensees like AT&T Wireless, provides that "[l]icensees may
install and operate 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, without further
authorization from the licensee, permit a subscriber to install a BDA.
AT&T Wireless has informed the Commission that it did not provide you an
authorization to install a BDA. Furthermore, Commission records show no
license issued for operation of a radio station at this location in the
800 MHz band.
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; provide the equipment authorization for the
equipment involved, and 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.
Binh Nguyen
Acting District Director
Seattle Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
^ Section 22.99 of the Commission's Rules defines "in-building radiation
systems" as "[s]upplementary systems comprising of low power transmitters,
receivers, indoor antennas and/or leaky coaxial cable radiators, designed
to improve service reliability inside buildings or structures located
within the service areas of stations in the Public Mobile Services. ^ See
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. SS 401, 501, 503, 510.
^ 47 U.S.C. S 403.
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