Tuesday, October 30, 2012

FCC Fines - Where does the FCC come up with their fine amounts

If your willing to risk not complying with the FCC's rules and regulations, know the penalties. Operating without a license or transmit a false distress call, you could be hit with fines that total many thousands of dollars. There are a lot of cheap radios that operate in the GMRS bands. Did you know that those radios require and FCC license. The fines are not arbitrary at all. Section 1.80 covers what the penalties. Below is an excerpt:

 [From CFR 47 section 1.80]
**Fines can be levied on a per day basis and/or per violation** 
 
 
   Construction and/or operation without an instrument of authorization
   for the service $10,000
   Failure to comply with prescribed lighting and/or marking 10,000
   Violation of public file rules 10,000
   Violation of political rules: reasonable access, lowest unit charge,
   equal opportunity, and discrimination 9,000
   Unauthorized substantial transfer of control 8,000
   Violation of children's television commercialization or programming
   requirements 8,000
   Violations of rules relating to distress and safety frequencies 8,000
   False distress communications 8,000
   EAS equipment not installed or operational 8,000
   Alien ownership violation 8,000
   Failure to permit inspection 7,000
   Transmission of indecent/obscene materials 7,000
   Interference 7,000
   Importation or marketing of unauthorized equipment 7,000
   Exceeding of authorized antenna height 5,000
   Fraud by wire, radio or television 5,000
   Unauthorized discontinuance of service 5,000
   Use of unauthorized equipment 5,000
   Exceeding power limits 4,000
   Failure to respond to Commission communications 4,000
   Violation of sponsorship ID requirements 4,000
   Unauthorized emissions 4,000
   Using unauthorized frequency 4,000
   Failure to engage in required frequency coordination 4,000
   Construction or operation at unauthorized location 4,000
   Violation of requirements pertaining to broadcasting of lotteries or
   contests 4,000
   Violation of transmitter control and metering requirements 3,000
   Failure to file required forms or information 3,000
   Failure to make required measurements or conduct required monitoring
   2,000
   Failure to provide station ID 1,000
   Unauthorized pro forma transfer of control 1,000
   Failure to maintain required records 1,000

   ^1Statutory Maximum for each Service.

   Violations Unique to the Service
   Violation Services affected Amount
   Unauthorized conversion of long distance telephone service Common
   Carrier $40,000
   Violation of operator services requirements Common Carrier 7,000
   Violation of pay-per-call requirements Common Carrier 7,000
   Failure to implement rate reduction or refund order Cable 7,500
   Violation of cable program access rules Cable 7,500
   Violation of cable leased access rules Cable 7,500
   Violation of cable cross-ownership rules Cable 7,500
   Violation of cable broadcast carriage rules Cable 7,500
   Violation of pole attachment rules Cable 7,500
   Failure to maintain directional pattern within prescribed parameters
   Broadcast 7,000
   Violation of main studio rule Broadcast 7,000
   Violation of broadcast hoax rule Broadcast 7,000
   AM tower fencing Broadcast 7,000
   Broadcasting telephone conversations without authorization Broadcast
   4,000
   Violation of enhanced underwriting requirements Broadcast 2,000

Monday, August 27, 2012

FCC may fine up to $112,500 for narrowband violations

In a two page release the Commission detailed their plans for imposing steep fines to radio licensees that fail to comply with the January 1st narrowbanding mandate. The FCC says that "Enforcement Bureau is committed to aggressively enforcing the narrowbanding transition deadline and violators may be subject to enforcement action. Penalties for non-compliance may include license revocation, and/or monetary forfeitures of up to $16,000 for each such violation or each day of a continuing violation, and up to $112,500 for any single act or failure to act."

The narrowbanding mandate calls for licensees operating between 150 - 470 MHz to reduce their effective bandwidth down to 12.5 KHz by January 1st, 2013.

For more information about the this release or how to become compliant you can contact David Smith at FIT. dave@landmobile.com or 541-485-8441

Thursday, May 10, 2012

FCC Licensing Standards VHF, Narrowband and more

landmobile.com has a lot to report today. First, the Public Safety Communications Council (PSCC) announced that it has adopted new coordination standards for narrowbanding TDMA, such as MotoTRBO. Previously, if you wanted to convert your existing license (150-170 MHz) to TDMA digital narrowband, you could only do so at a reduced transmit power of 10 watts (ERP). PSCC has agreed to relax this limitation and instead impose a reduction in power of 3 db. Effectively cutting a stations transmit power in half. For new licensees, that power is 3 db down from the maximum allowable power as prescribed by 90.205.

Next item to report today, the LMCC says that any station not in compliance with the January 1st, 2013 narrowbanding deadline will be ignored, and their channels subject to reassignment. A 30 day grace period will be observed before this policy is enacted. Conversations surrounding channel reassignment center around the FCC's exclusive trunking rules found under part 90.187. This rule section effectively gives a licensee exclusive use of a channel, or group of channels within their operating area. All the more reason for radio license holders not to ignore the FCC's narrowbanding mandate. Convert your authorization now, or risk losing your ability to use your assigned frequencies later. Rest assured commercial radio companies want your spectrum and you will lose it if your not in compliance.

If you have questions about this article you can contact:



David Smith

landmobile.com


Thursday, April 19, 2012

FCC freezes T-band (470-512 MHz)

The FCC is about to release a notice that includes a freeze on major modifications and new licensing for T-band  (470-512 MHz). The announcement stems from a meeting in D.C. where David Furth, acting Bureau Chief of the Federal Communication Commission’s Public Safety and Homeland Security Bureau announced that the FCC will immediately freeze 470-512 MHz applications. The announcement was made at the annual meeting of the Land Mobile Communications Council (LMCC). Furth said the FCC would issue a public notice detailing the ban sometime in the coming week.

Contact Info:

David Furth, acting Bureau Chief
david.furth@fcc.gov

Story by David Smith
FCC Forms
http://www.fccforms.com
david@fccforms.com

Monday, April 16, 2012

FCC Fines Google $25,000 for Wi-Fi privacy violation

The FCC's Enforcement Bureau has issued a heavily redacted "Notice of Apparent Liability" to Google in the amount of $25,000. As part of its Street View project, Google apparently collected data from Wi-Fi networks throughout the United States and around the world. The purpose of this Wi-Fi data collection initiative was to capture information about Wi-Fi networks that the Company could use to help establish users’ locations and provide location-based services.

The $25,000 fine surely this is pocket change to a giant like this. But the charges the Bureau makes are pretty serious. The Commission contends that the company gathered “payload” data, the content of Internet communications that was not needed for its location database project. This payload data included e-mail and text messages, passwords, Internet usage history, and other highly sensitive personal information." The release goes on to claim that "for many months, Google deliberately impeded and delayed the Bureau’s investigation by failing to respond to requests for material information and to provide certifications and verifications of its responses."
 

Stayed tuned to FCC FORMS for the latest on this case

You can view the release here: http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0416/DA-12-592A1.pdf

FCC forms is a public safety license consulting and application preparation company
http://www.fccforms.com

Story by David Smith
david@fccforms.com

**STORY UPDATE**

The FCC released a sort of safety drill for Wi-Fi networks. It can be viewed here:
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0417/DOC-313634A1.pdf

Monday, March 12, 2012

Are my radios compliant with narrowband regulations?

If your not sure whether your radios are capable of the new narrowband emission standards This quick guide can help.

Before a radio can be sold it has to be "type accepted" by the FCC. So here's what to look for.

The next section of this guide will go over the steps to uncover information about your hand helds, base station, repeater, or mobile transmitter. There is a wealth of information hidden in the numbers on the back.




STEP 1) Look on the back of your radio. You will notice a sticker. If you look closely you will see there is an FCC id number

Wait, look a littttttle bit closer. There it is!

Write down the FCC ID number. It should be the first number just above the model number.












STEP 2) Now that you have your FCC ID number you can go to the FCC's website here http://transition.fcc.gov/oet/ea/fccid/ - Enter the number from the back of your radio. Be careful to enter as pictured below:


Step 3) On the results page you'll notice a "check" next to the model that matches your radio. Its under the heading "Display Grant" Click on it (as pictured below)




Step 4) You will see that your frequency range, emission designators and power levels are all represented.
Even the relevant rule part that governs your radio (Note anything less than 12.5 kilohertz is narrowband complaint) See below for an example.















If you need more information you can always contact me at david@fccforms.com or visit us on the web at http://www.fccforms.com.

Tuesday, March 6, 2012

TDMA and Public Safety coordination problems

On February 3rd the Public Safety Communication Council (PSCC) sent a letter to the FCC discussing interference issues with Time division multiple access (TDMA) systems. Particularly in the VHF bands(150 MHZ - 173 MHZ). PSCC contends that more data needs to be gathered about the interference potential posed to analog systems. In the interim PSCC coordinators say that,"no applications utilizing TDMA emissions in the VHF band will be deemed coordinated and recommended for licensing having an ERP greater than 10 watts for any fixed location. This limitation includes sites classified as FX1, including those fitting the 6.1 meter category.."

This appears to complicate the FCC mandated conversion to new narrowband by years end. In other words, a public safety entity, such as a police department switching over to MotoTRBO would have to comply with this 10 watt limit for VHF. Even if its an existing license. PSCC intends to revisit this issue by May of 2012.

Stay tuned to this blog.

Dave
david@fccforms.com
http://www.fccforms.com

Tuesday, February 28, 2012

Narrowbanding - A look back and the way forward

By January 1st, 2013 all licensees between 150 MHz - 512 MHz must be operating at a bandwidth not to exceed 12.5 KHz. The Mandate is not new, in fact the process began back in 1991.

By 1996 the FCC had required that all equipment manufacturers produce new radios that were narrowband capable. By 2003 the Commission had imposed deadlines for the new narrowband migration. Essentially all non-public safety entities by January 1st 2013, and all public safety entities by January 1st 2018. In 2004 the FCC accelerated the push for public safety to comply with the narrowbanding deadline. Making it the same as non-public safety entities (January 1st, 2013).

From what we have been hearing the evidence would suggest that the FCC is going to be flooded with hundreds of waiver requests, particularly by public safety, asking for an extension of the narrowbanding deadline. Recently Federal Communications Commission sought public comment on more than two dozen that it has already received. With the deadline looming at the end of this year is there a chance the Commission may relax the deadline?A query of the FCC database reveals that nearly 180,000 licenses still need to be converted.

Watch our blog for updates on the FCC and more.

Dave

fccforms.com

Tuesday, January 31, 2012

FCC seeks comment on narrowband deadline waivers

On Friday the FCC sent out a release (WT Docket 99-87) seeking public comments on narrowband deadline waivers filed by about 21 public safety entities. One has to wonder whether or not a declaratory ruling is on the horizon. APCO, a public safety coordinator serving fire and police, appear to be in favor of an extension of the deadline. Their comments can be viewed here.

In November of last year a bill was introduced in the house seeking a two year extension. Thus far there have been no co-sponsores and it does not appear to have progressed beyond committie.


If you wish to weigh in on this the Commission directs these comments here:

Electronic Filers: File comments electronically using the Internet by accessing the ECFS:
http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov.
Filers should follow the instructions provided on the website for submitting comments.

Thursday, January 5, 2012

FCC Narrowbanding Reminder

The FCC released a reminder today to all public safety and private wireless licensees about the looming narrowband compliance deadline. We are now less than 1 year away from the deadline that requires everything operating from 150 MHz up 512 MHz to convert to narrowband operation. 

The release can be viewed here

For more visit us at fccforms.com

Related articles:
FCC NARROWBAND MANDATE
EMISSION DESIGNATORS