FCC Record, Volume 27, No. 13, Pages 10800 to 11770, September 4 - September 28, 2012 Page: 10,805
x, 10800-11770 p. ; 28 cm.View a full description of this book.
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of the Rules, "the operation of an intentional or unintentional radiator that is not in accordance with the
regulations in [Part 15] must be licensed pursuant to the provisions of Section 301 of the Communications
Act... .)"b Thus, if an intentional radiator fails to comply with all of the applicable conditions set forth in
Part 15 of the Rules, it is no longer covered by the unlicensed provisions of those Rules and must obtain
an individual license pursuant to Section 301 of the Act.
5. On December 7 and 8, 2010, agents from the San Juan Office used their direction-finding
equipment to determine that AT&T was operating a Part 15 intentional radiator, a Motorola Canopy, on
the center frequency of 5605 MHz from the rooftop of a building in Santurce, Puerto Rico. As discussed
below, AT&T asserts that its Motorola Canopy device operated on 5685 MiHz, not 5605 MHz. The
Motorola Canopy device, however, is only certified for use in the 5735.0 -5840.0 MHz band. Therefore.
there is no dispute that AT&T's operations required a license and violated the device's Equipment
Authorization and Part 15 requirements. According to Commission records, AT&T does not hold a
license to operate on the frequencies 5605 MHz or 5685 MHz in Santurce, Puerto Rico. Accordingly, we
find that AT&T willfully' and repeatedly" violated Section 301 of the Act and Section 15.1(b) of the
Rules by operating an unlicensed radio transmitter.
6. Section 15.201(b) of the Rules provides that all intentional radiators operating under Part
15 shall be certificated by the Commission." Section 15.1(c) of the Rules states that "the operation ... of
an intentional ... radiator that is not in compliance with the administrative and technical provisions in this
part ... is prohibited ....' Section 302(b) of the Act provides that [n]o person shall .. . use devices
which fail to comply with the regulations promulgated pursuant to this section.' Consequently, the
operation of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of
Section 302(b) of the Act.
7. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725
Gz band to employ DFS.2 AT&T operated a U-NIl transmitter incapable of operating with the DFS
radar detection mechanism required under Section 15.407(h)(2) of the Rules. In its response, AT&T does
not dispute that the Motorola Canopy is incapable of DFS capability. Thus, based on the evidence before
us, we find that AT&T willfully and repeatedly violated Section 302(b) of the Act and Section 15.1(c) of
the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was
required?
8. The Bureau upwardly adjusted the proposed forfeiture for the violation of Section 301 of
the Act by $10,000, in part, because we found that AT&T apparently caused interference to the TDWR
serving the San Juan International Airport.24 In its NAL Response. AT&T provides two screenshots of the
"uptime clock" of a Motorola Canopy device that allegedly show that the unit operated on 5685 MHz for
' 47 C.F.R. 15.1(b).
17 Section 312(t)(1) of the Act defines willful as the "'conscious and deliberate commission or omission of [any] act.
irrespective of any intent to violate" the law. 47 U.S.C. 312(t)(1).
s The term "repeated" means the commission or omission of such act more than once or for more than one day. 47
U.S.C. 312(f)(2).
4 47 C.F.R. 15.201(b).
20 47 C.FR. 15.1(c).
21 47 U.S.C. 302a(b).
47 C.F.R. * 15.407(h)(2).
2347 C.F.R. 15.1(c).
24The proposed forfeiture was also upwardly adjusted based on the size of AT&T's gross revenues.10805
Federal Communications Commission
DA 12-1142
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 13, Pages 10800 to 11770, September 4 - September 28, 2012, book, September 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc154715/m1/22/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.