Media Contact: 
Will Wiquist
will.wiquist@fcc.gov

For Immediate Release

FCC AFFIRMS FINE AGAINST MOBILE RELAY FOR MONOPOLIZING SHARED SPECTRUM & INTERFERING WITH OTHER LICENSEES
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WASHINGTON, July 13, 2021—The Federal Communications Commission today denied an appeal from a California-based company that repeatedly disregarded its obligations to reasonably share a channel with other licensees.  Mobile Relay Associates disputed the Enforcement Bureau’s earlier imposition of a fine for improperly monopolizing use of a shared wireless communications channel, failing to monitor the channel to detect possible interference problems, and actually causing interference to co-channel licensees.  The Bureau had warned the company repeatedly to change its behavior, but Mobile Relay did not do so.  That, in turn, prompted the Bureau to impose a $25,000 fine.  The full Commission has now affirmed the Bureau’s action and demanded payment of the fine.

The Commission issues Part 90 licenses to parties engaged in commercial and non-commercial activities, ranging from operating factories, to dispatching taxis, to operating schools, hospitals, and churches.  Mobile Relay is licensed to operate station WPPF234 in Malibu, California, on Part 90 land mobile frequencies.  Mobile Relay’s license authorizes it to operate on certain channels on a shared basis and on other channels on an exclusive basis.  Other licensees operating on the same shared channels, including a theme park and a cemetery, lodged complaints with the FCC that Mobile Relay’s station was causing interference.  Enforcement Bureau personnel investigated and determined that Mobile Relay operated on its shared channels nearly continuously – around 95% of the time – and failed to employ required monitoring equipment sufficient to prevent interference to other users of the shared channel.  As a result, the company caused harmful interference to the complaining licensees. 

The Memorandum Opinion and Order adopted today denies Mobile Relay’s application for review of the Enforcement Bureau’s 2020 denial of the company’s petition for reconsideration of the Enforcement Bureau’s earlier Forfeiture Order (which itself followed a Notice of Apparent Liability for Forfeiture).

Action by the Commission July 13, 2021 by Memorandum Opinion and Order (FCC 21-85).  Acting Chairwoman Rosenworcel, Commissioners Carr, Starks, and Simington approving.  Acting Chairwoman Rosenworcel issuing a separate statement.

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This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).