FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU NORTHEAST REGION Chicago Office 1550 North Northwest Hwy, Suite 306 Park Ridge, IL 60068 March 15, 2011 Mr. Stanley Dostal Johnsburg High School 2002 West Ringwood Road Johnsburg, IL 60051 NOTICE OF UNAUTHORIZED OPERATION AND INTERFERENCE TO LICENSED RADIO STATIONS Case Number: EB-11-CG-0042 Document Number: W201132320002 On March 8, 2011, in response to a complaint of interference, an agent from the Enforcement Bureau’s Chicago Office inspected Johnsburg High School, located at 2002 West Ringwood Road, Johnsburg, Illinois, and observed a radio transmitting device designed to jam licensed cellular radio transmissions in the 850 to 950 MHz and 1.700 to 2.100 GHz frequency bands as well as other licensed frequency bands in operation. During the inspection, Mr. Stanley Dostal admitted that the unit had been in operation at the time of the inspection. Persons operating or using radio transmitters must be licensed or authorized by the Commission, pursuant to section 301 of the Communications Act of 1934, as amended (“Act”).1 In addition, radio transmitting equipment must comply with the Commission’s Rules (“Rules”).2 Section 333 of the Act prohibits willful or malicious interference with any radio communications of any station licensed or authorized by or under the Act or operated by the United States Government.3 In addition, section 302(b) of the Act, and section 2.803(a) of the Rules prohibit the manufacture, importation, marketing, sale or operation of devices deliberately designed to jam or disrupt wireless communications.4 The Commission has issued two Public Notices specifically stating that the sale and use of transmitters designed to prevent, jam or interfere with the operation of cellular and personal communications 1 47 U.S.C. § 301. The only exception to this licensing requirement is for certain transmitters using or operating at a power level that complies with the standard established in Part 15 of the Commission’s rules. 47 C.F.R. §§ 15.1 et seq. 2 47 C.F.R. Part 2, Subpart J. 3 47 U.S.C § 333. 4 47 U.S.C § 302a(b); 47 C.F.R. § 2.803(a). service (“PCS”) telephones is unlawful.5 Section 303(n) of the Act also authorizes agents of the Commission to inspect all radio installations to determine compliance with Commission rules.6 The operation of the devices utilized by you constitutes a violation of sections 333, 302(b), and 301 of the Act, as described above.7 Such operation may subject you to substantial monetary forfeitures, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment.8 Because unauthorized operation creates a danger of interference to important radio communications services, and may subject the operator to severe penalties, this notice emphasizes the importance of complying strictly with these legal requirement. UNAUTHORIZED OPERATION OF ANY RADIO TRANSMITTING DEVICE DESIGNED TO JAM RADIO COMMUNICATIONS MUST NOT RESUME. You may respond with any information you believe relevant to this warning within (10) days from the date of this warning. Your response should be sent to the address in the letterhead and reference the listed case number. Under the Privacy Act of 1974, 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.9 This will include any information that you disclose in your reply. James M. Roop District Director Chicago Office cc: Mr. Kevin Shelton, Principal, Johnsburg High School Dr. Dan Johnson, Superintendent of Schools, Johnsburg Community Unit School District 12 Attachment: Enforcement Advisory: CELL JAMMERS, GPS JAMMERS, and OTHER JAMMING DEVICES – CONSUMERS BEWARE: It is Unlawful to Use “Cell Jammers” and Other Equipment that Blocks, Jams, or Interferes with Authorized Radio Communications in the U.S. 5 See Office of Engineering and Technology and Compliance and Information Bureau Warn Against the Manufacture, Importation, Marketing or Operation of Transmitters Designed to Prevent or Otherwise Interfere with Cellular Radio Communications. DA 99-2150, released October 12, 1999; Sale or Use of Transmitters Designed to Prevent, Jam or Interfere with Cell Phone Communications is prohibited in the United States. DA 05-1776, released June 27, 2005. 6 47 U.S.C. § 303(n). 7 47 U.S.C. §§ 301, 302a(b), 333. 8 47 U.S.C. §§ 401, 501, 503, 510. 9 5 U.S.C. § 552a(e)(3).