Enterprise Wireless Insider® Volume 8, Issue 7

Mitigate the Interference – Or Face Fines

Thomas Rogers of Woodinville, Washington, was informed by the FCC that he may face fines of up to $16,000 a day for not responding to repeated communications from the FCC, including a Citation, about  unlicensed radio frequency emissions emanating from his home that are causing interference to licensed radio operations. Even though the Commission determined the equipment to be an incidental radiator, which like a lighting ballast, is not intentionally designed to emit radio energy, the owner of such a device must cease operations after being notified.  Rogers was given 30 days to respond in writing to confirm he ceased operations and stating what specific actions that will be taken to eliminate the harmful interference. 

Cell Phone Jamming Results in $48,000 Fine

Jason Humphreys of Seffner, Florida faces a $48,000 fine for the continuous operation of cell phone jamming equipment that interfered with first-responder communications over a two-year period.  Humphreys was caught using the equipment in his car by a Hillsborough County Sheriff who worked closely with the Enforcement Bureau. The Commission noted that Humphrey’s actions “could have had disastrous consequences by precluding the use of cell phones to reach life-saving 9-1-1 services provided by police, ambulance, and fire departments.” The importing, selling or use of signal jammers in the United States is a violation of federal law that can lead to imprisonment and large fines. Additional information about jammers can be found at www.fcc.gov/jammers.

CB User Fined $250 for Power Amp Use

Carlton Lewis, Enid, Oklahoma, received a reduced fine of $250 (originally $15,000) from the FCC’s Dallas EB office for operating an illegal power/linear amplifier at his residence. Mr. Lewis acknowledged use of the amplifier during a visit by the FCC agents. Mr. Lewis later stated that he was unable to pay the original $15,000 fine, and the FCC subsequently reduced the fine to $250. FCC Rules Section 95.411 allows for CB operation without an individual license; however, the addition of a power amplifier voids the authority to operate the station.

Freeze Listed on Canadian Border Apps

Confirming that progress continues to be made in completing the lengthy rebanding process, the FCC recently announced that it was lifting the freeze on filing new non-rebanding-related applications in all Canadian Border Regions except Region 43 in the State of Washington.  The FCC had set a 30-month transition timetable for this work, beginning October 14, 2008, so the process took almost four years longer than anticipated.  Public Notice

FCC Denies Waivers from Spectrum Investors

The importance of the March 27 LMCC Petition for Rulemaking proposing to limit eligibility to 800 MHz EB/GB channels initially to incumbents was highlighted in an April 18 FCC Order that denied waiver requests to assign unconstructed facilities from two investors who acquired EB/GB licenses from Smartcomm.

One of the requests was submitted by an elderly woman who “invested in the wireless industry” and, according to her affidavit, the West Des Moines, Iowa license took twice as long to grant (four rather than two years) than expected and, meanwhile, construction costs had doubled.  The other waiver was filed by the inheriting brother of a licensee who passed away prior to constructing his 800 MHz system in Sioux Falls, South Dakota. He had proposed to assign the license to Jeffrey Downs, Director of Research & Development at Smartcomm.

T-Band Low Power Devices

An EWA member asked us to warn other T-Band users of the interference potential from wireless microphones that are permitted to use T-Band spectrum on a secondary basis with primary broadcast and private radio systems. In accordance with FCC Rules, Part 74, wireless microphones may be deployed at power levels as high as 1 watt, and as secondary users, operations must cease operation if they cause interference.

VRS – Not on 173.225 MHz - Ever

The FCC has denied a waiver request from Central Ohio Joint Fire District to use a Federal Government fire-fighting frequency, 172.225 MHz, for Vehicular Repeater Service (VRS) operations. The request was opposed by FCCA and NTIA and the FCC found that waiver relief was not justified. The FCC’s Order noted that EWA had not taken a position on the merits of the waiver request, but had urged the FCC to act on the pending Pyramid Communications petition so that these requests for VRS operations can be handled under the rules rather than through the waiver process.  The Order also noted that on October 16, 2013, the FCC had denied the portion of the Pyramid Petition that requested access to nine Federal frequencies, including this one, for VRS use.

Expansion of Conditional Licensing

The FCC’s Wireless Telecommunications Bureau recently encouraged the Land Mobile Communications Council to submit its Petition for Rulemaking asking that conditional licensing be extended to T-Band and 800/900 MHz applications.  The Bureau believes it has identified an approach to consolidate this matter with others and align the LMCC’s request with agency policy initiatives.  The Petition is expected to be finalized and submitted within two weeks.

800 MHz Expansion/Guard Band Public Notice Issued

The LMCC requested that the FCC modify its rules governing applicant eligibility, to specifically allow 800 MHz incumbent licensees in released markets a six-month period in which to apply for Expansion Band and Guard Band (EB/GB) frequencies before making them available to applicants for new 800 MHz systems. The Public Notice was issued by the Wireless Telecommunications and Public Safety and Homeland Security Bureaus on April 24. The PN specifically asks whether six months is an appropriate period, whether any spectrum should be reserved for new applicants, and whether the FCC should defer declaring rebanding complete in additional NPSPAC regions, thereby making this spectrum available for licensing, pending action on the Petition.  Comments are due on May 27 and Reply Comments on June 11.