FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU WESTERN REGION Los Angeles Office 18000 Studebaker Road, Suite 660 Cerritos, CA 90703 November 2, 2010 Hydraulic International San Fernando Valley, CA NOTICE OF UNLICENSED OPERATION Case Number: EB-10-LA-0251 Document Number: W201132900001 On October 25, 2010, this office received an interference complaint from AT&T concerning a signal on the frequency 832.65 MHz in San Fernando Valley, California. The signal was located to a bi-directional amplifier (“BDA”)1 installed in the Hydraulic International company located at 9000 Mason Ave., San Fernando Valley, CA 91311. On October 25, 2010, agents from this office met with a Hydraulic International employee who acknowledged to the Los Angeles agents the operation of the BDA in question. AT&T has a license to provide cellular communications on 832.65 MHz in the San Fernando Valley area. Section 22.383 of the Commission's Rules, which applies to public mobile service licensees like AT&T, 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.”2 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, AT&T reported that it did not provide Hydraulic International authorization to install or operate a BDA. 1 Section 22.99 of the Commission’s Rules defines “in-building radiation systems” as “[s]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. § 22.99 2 47 C.F.R. § 22.383. 2 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,3 and may subject the responsible parties to substantial monetary forfeitures, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment.4 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,5 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. § 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 3 47 U.S.C. § 301. 4 See 47 U.S.C. §§ 401, 501, 503, 510. 5 47 U.S.C. § 403.