Enterprise Wireless Insider® Volume 5, Issue 11

Oh, That FCC Equipment Certification Code

In a Notice of Apparent Liability and Forfeiture, SmartLabs, Inc. was held liable for a $10,000 fine for marketing an unauthorized wireless remote control radio frequency device, INSTEON® RemoteLinc™ (RemoteLinc), for a period of over three years. SmartLabs responded to a Letter of Inquiry in June 2010 admitting that they had started to manufacture and market RemoteLinc in the U.S. since May 2007 and, that they had sold “some units” within the past year, and were unsure how an unlisted FCC Equipment Certification ID code had appeared on the units.   In its defense, SmartLabs stated that key executives involved with the project had left the company near the end of product testing; the new team was unaware if the product had passed lab testing and whether proper certification had to be granted before the product could be marketed. As an intentional radiator, the RemoteLinc unit was required by section 15.201(b) of the Rules to be approved prior to marketing and sale. As a result of the repeated violations since 2007, the FCC increased the fine from $7,000 to $10,000.

‘Pirate’ Radio Gear Seized

After receiving complaints of interference with communications at Boston’s Logan Airport, radio transmission equipment used to broadcast “Datz Hits Radio 99.7 FM” was seized by Federal officials on May 13, 2011.  A civil complaint was previously filed against the broadcaster of “Datz” for transmitting at another Boston location where they had been ordered to cease unlicensed operations, but they simply relocated the station and resumed broadcasting.  MORE

No Wonder There Wasn’t a Flat Screen!

In a Notice of Apparent Liability for Forfeiture, Durrant Clarke received a $10,000 fine for operating an unlicensed radio transmitter at his business in Miami, Florida. During an FCC inspection, Mr. Clarke admitted that he allowed an acquaintance to store the transmitting equipment in his office a few weeks earlier, was fully aware that it was a radio transmitter, had provided power and Internet access for the equipment and had even turned the transmitter on and off a few times, but stated that he was not the operator. According to the Commission, Mr. Clarke “had control over the physical space in which the transmitter was located” and its operation, and even if someone else may have been involved in operating and actually owned the equipment, this did not make Mr. Clarke any less responsible.

It’s Summer – Wear Your Lifejackets

The FCC issued an Enforcement Advisory urging boaters to “familiarize themselves with marine safety communication requirements,” and advised that “all users of marine radio, whether voluntary or compulsory, are responsible for observing both FCC and Coast Guard Requirements.”  The Commission noted that every summer the Coast Guard and the FCC grapple with interference, false distress calls, and other rule violations, and that first offense fines can be as high as $16,000 from the FCC, and that Coast Guard related rescue costs can be $5,000 per hour.

Commission Seeks to Expand Mobile Broadband at 2GHz

In its continuing push for universal broadband, the FCC’s Spectrum Task Force is looking for technical input on ways to encourage the growth of terrestrial mobile broadband services in the 2 GHz spectrum. The Commission is specifically targeting attention to spectrum presently allocated for fixed and mobile use, including bands co-allocated for Mobile Satellite Services in what is known as the “S Band” at 2000-2020 MHz and 2180-2200 MHz; portions of bands designated for Advanced Wireless Services in the upper “H” block at 1995-2000 MHz, the paired “J” block at 2020-2025 MHz and 2175-2180 MHz, and spectrum at 2155-2175 MHz. Comments are due June 17, and Reply Comments by July 1.

FCC Public Notice

Wider Channel Bandwidths for Broadband

In additional actions to expand broadband service, the FCC has proposed changing the out-of-band emission limits for mobile Broadband Radio Service (BRS) and Educational Broadband Service (EBS) devices operating in the 2496-2690 MHz band (2.5 GHz).  The Fourth Further Notice of Proposed Rulemaking (FNPRM) states that permitting these changes would allow operators to use spectrum more efficiently and provide higher data rates to consumers, while also promoting greater harmonization of FCC requirements with global device standards in this band.