Recent Enforcement Actions, July 19, 2019

Programming Unauthorized Frequencies – There Are No Excuses

The Federal Communications Commission (FCC) has issued a Citation and Order against Mr. Jose Perez of Perez Communications and Electronics for the illegal programming of unauthorized frequencies within a customer’s radio system, violating section 90.427(b) of the Commission’s Rules. In the citation, the FCC directs Mr. Perez to cease programming transmitters to operate on frequencies for which the customer is not authorized and to not engage in such illegal activity again. Mr. Perez was advised that failure to comply may result in forfeitures of up to $20,134 per day.

The Enterprise Wireless Alliance (EWA) brings this FCC action to your attention for what we hope are obvious reasons:

  • Operating a radio system either unlicensed or outside of its licensed parameters corrupts spectrum management and frequency coordination activities;
  • The illegal programming of unauthorized frequencies provides customers an undeserved privilege – utilizing the nation’s spectrum resources – for which they are not entitled; and
  • Programming unauthorized frequencies exposes the customer to interference for which they have absolutely no recourse as an illegal spectrum user and exposes the customer to FCC enforcement actions. Ignorance of the law – “I didn’t know I was supposed to have a license” – will not suffice as an excuse.

If a customer requests a system modification, such as an increase in power, channels or transmitter upgrades, please contact EWA for assistance to seek a license amendment. We are also available to provide an overview of Part 90 licensing best practices to your organization. Please contact your Spectrum Advisor or EWA Customer Service at 800-482-8282 for more information.

Category: Enforcement Corner