FCC Issues Notice of Unlicensed Operation for BDA

TelcomJunkie · May 16, 2011

Here is a recent notice of unlicensed operation for a cell phone amplifier installed at someones house. I've bolded the important parts.

Really, this guy is lucky he was only issued a NOUO, he won't get hit with a monetary fine unless he fails to obtain authorization from the carrier or he doesn't take the unit off the air within 10 days.

http://transition.fcc.gov/eb/FieldNotices/2003/DOC-306479A1.html

FEDERAL COMMUNICATIONS COMMISSION

ENFORCEMENT BUREAU

WESTERN REGION

Los Angeles Office

18000 Studebaker Road, Suite 660

Cerritos, CA 90703

May 2, 2011

Dennis Rushing

Bakersfield, CA

NOTICE OF UNLICENSED OPERATION

Case Number: EB-11-LA-0060

Document Number: W201132900008

On April 14, 2011, in response to an interference complaint from Verizon Wireless on the frequency 850 MHz in Bakersfield, California, an agent from the Enforcement Bureau's Los Angeles Office met with you at your residence in Bakersfield, California. You acknowledged to the Los Angeles agent the operation of the bi-direction amplifier ("BDA") and further acknowledged that you are a subscriber to the AT&T wireless services.

Verizon Wireless has a license to provide cellular communications on 850MHz in the Bakersfield area. Section 22.383 of the Commission's Rules, which applies to public mobile service licensees like AT&T and Verizon Wireless, 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." A licensee's authority to install a BDA does not, without further authorization from the licensee, permit a subscriber to install a BDA. In response to an inquiry from a Los Angeles agent, both AT&T and Verizon Wireless reported that they did not provide you authorization to install or operate 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; provide any agreements made with any cellular carrier to operate the system and include any relevant documents. 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.

Nader Haghighat
District Director
Los Angeles 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 "upplementary systems comprising 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." 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. S:S: 401, 501, 503, 510.

47 U.S.C. S: 403.

2

Click to expand...

Maximum Signal · May 16, 2011

Would love to know what device he was using . Was it a FCC approved device ? ( not that it means anything ) Was the unit supposed to have built in safeguards? Was it an illegal device you can pick up on EBAY ?

TelcomJunkie · May 16, 2011

Maximum Signal said: ↑

Would love to know what device he was using . Was it a FCC approved device ? ( not that it means anything ) Was the unit supposed to have built in safeguards? Was it an illegal device you can pick up on EBAY ?
Click to expand...

Yeah, agreed. It would be nice to know the extra details, I did find out that the unit went into self oscillation which was cause of the of the interference. Thankfully a lot of the higher end units are designed to avoid that.

AnthroMatt · May 17, 2011

Glad to see that they are taking action.

Forums

Welcome to Our WirelessAdvisor Community!

FCC Issues Notice of Unlicensed Operation for BDA

TelcomJunkie Bad Handoff Investigator
Senior Member

Maximum Signal Senior Member
Senior Member

TelcomJunkie Bad Handoff Investigator
Senior Member

AnthroMatt Big Meanie
Super Moderator Junior Member Senior Member

Share This Page

Useful Searches

Welcome to Our WirelessAdvisor Community!

FCC Issues Notice of Unlicensed Operation for BDA

TelcomJunkie Bad Handoff Investigator Senior Member

Maximum Signal Senior Member Senior Member

TelcomJunkie Bad Handoff Investigator Senior Member

AnthroMatt Big Meanie Super Moderator Junior Member Senior Member

Share This Page

TelcomJunkie Bad Handoff Investigator
Senior Member

Maximum Signal Senior Member
Senior Member

TelcomJunkie Bad Handoff Investigator
Senior Member

AnthroMatt Big Meanie
Super Moderator Junior Member Senior Member