FCC cites service shop for unauth. freq. programming

[k2hz]

This is the first time I have seen the FCC take action against a service shop for programming unlicensed frequencies in customer equipment:


Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

) File No.: EB-06-NY-195

Techno Radio Communications, Inc. )

) Citation No.: C20073238001

Bronx, NY 10452 )

CITATION

Released October 20, 2006

By the District Director, New York District Office, Northeast Region,
Enforcement Bureau:

1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Techno Radio
Communications, Inc. ("Techno") for violation of Section 90.427(b) of
the Commission's Rules.

2. An investigation by the Enforcement Bureau's New York Office revealed
on October 2, 2006, that Techno had programmed mobile transmitters
with frequencies for which the licensee, City Line Car Service, Inc.,
was not authorized by its license.

Section 90.427(b) states "[e]xcept for frequencies used in accordance with
S 90.417, no person shall program into a transmitter frequencies for which
the licensee using the transmitter is not authorized." Techno.'s
programming of radios with frequencies for which City Line Car Service,
Inc was not authorized violates this section.

3. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.

4. Techno may request an interview at the closest FCC Office, which is
Federal Communications Commission, 201 Varick Street, Suite 1151, New
York, NY 10014. You may contact this office by telephone, XXX
XXX-XXXX, to schedule this interview, which must take place within 14
days of this Citation. Techno may also submit a written statement to
the above address within 14 days of the date of this Citation. Any
written statements should specify what actions have been taken to
correct the violation outlined above. Please reference file number
EB-06-NY-195 when corresponding with the Commission.

5. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.

6. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Techno
Radio Communications, Inc. at its address of record.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

New York District Office

Northeast Region

Enforcement Bureau

[Microwave Mike]

I hope they get a NOL of $ 10K.

mm

[Will]

This Citation was for programming taxi cab radios on frequencies that the taxi company was not authorized or licensed.

This FCC action is very common and there have been many so called dealers and service shops cited under Section 90.427(b). The fine is set at $ 4000 PER radio programmed.

[kcbooboo]

So how does the FCC find out that the radios have extra frequencies programmed into them? Is it because a user went on the wrong freq and blurted out something identifiable?

And how do they determine how many radios are affected? The old-fashioned way - by checking every radio in the fleet?

Bob M.

[thebigphish]

my guess is someone dropped a dime on them, that's usually how this kind of thing catches someone's attention.

[W4WTF]

Ha, the local dealers here will program every fire/ems radio with as many freqs as they can cram into it. FRS, GMRS, every PS agency with 50 miles. If it fits the bandsplit, it goes in. I seriously doubt the police departmenst 50 miles away want every volunteer here with access to thier system.

$4,000 per radio, hell if anyone wanted to move in and steal this territory ratting them out would bankrupt them all in a hurry.

[KitN1MCC]

i bet some one Bitched the thing is There are So many cabs in NYC using illigal radio lord knows i have one on my VHF channel that Showed up with my PL tone

[440roadrunner]

So how does the FCC find out

I'm sure that these people were interfering with someone. The FCC doesn't have the time or the money, or the attitude, for that matter, to go around looking for trouble.

[Hightower]

From my understanding, they were programming frequencies for TRANSMIT. Frequencies they of course were not authorized or licensed by the FCC.

I have a corrent FCC fine list. It ranges from $200 to 10,000/day per violation. If I get a chance, I'll scan it - kinda interesting on all the 20+ various fines the FCC can levy against a person/company.

Stay legal

[escomm]

Not only that, but it must have been pretty egregious because generally the FCC is pretty reasonable and reserves the monetary fines for those who really cross the line

[Hightower]

Not only that, but it must have been pretty egregious because generally the FCC is pretty reasonable and reserves the monetary fines for those who really cross the line

100% Agreed, the FCC is reasonable to the LMR folks. However, they have NO tolerence towards with satellite companies when they break the law. DTV got nailed for moving one of it's newly launched bird into it's perminent location 1 day early - Cost them over $80,000 (drop in the bucket for DTV tho...)

[wkr518]

I am in Albany ( 2 hrs north of NYC) and we have had 2 groups of NYC taxi drivers trying to get us to program thier mobile for them.They could not provide FCC license proof,much less speak decent English to complete the transaction.Needless to say,we did not program them.
They bring in only the mobiles,with no taxi cars present.A few of them were 100watt maratracs.
Wayne

[dittrimd]

From my experience the FCC only takes action when there is a complaint of "Destructive Interference". In addition a formal written complaint must be made and filed with the FCC. There has been an ongoing issue with the Town East Windsor Connecticut LTR system installed by Marcus Communications where one of the frequencies in their system was causing destructive interference with Durham EMS. Apparently this frequency was licensed as conventional prior to the new system going online and there was a lapse in licensing. Marcus put in the the LTR system and added a new site when the Durham EMS guys noticed a problem. If you look East Windsor is now on their second STA set to expire in December. They have removed this frequency from thier trunker and are only operating on three of the original four frequencies. Even in this case no fines have yet to be made against either the town of East Windsor or Marcus so the FCC does have some level of understanding. I find it hard to believe that the FCC would not allow the shop to remediate the problem first by allowing them to reprogram all radios and remove the offending frequency. If they did not remediate the problem willfully I could see some pretty harsh actions.

Mark

[firetech792]

My agency was the one being interfered with in NJ. They above car service was operating on 150.800 instead of their licensed 151.745 (if I remeber correctly). They were interfering with our Public Safety freq of 150.805. I was also suprised that the radio shop was cited.

NY car services (aka taxi services) operating on unauthorized freqs is nothing new. We've had problems in the past. And being most of them are in NYC, the FCC is right in the neighborhood. Usually getting them within a day or so.

[k2hz]

Unlicensed or unauthorized frequency use by NYC area car services is nothing new. Complaints are made to the FCC when they show up on someone else's business or even a public safety frequency.

The reason I posted this Citation is the FCC usually just cites and fines the car service. This is the first time I have seen them go after the service shop.

The base forfeiture amounts in these cases is $10K for unlicensed or $4K for licensed station on unauthorized frequency.

[SlimBob]

This would seem to leave open the act of purchasing crystals and installing them in radios.

[kb0nly]

Those cab services should just pick a MURS channel on VHF, or GMRS/FRS on UHF.. Then who cares..

But i suppose they are always trying to find a clear frequency that they can use for free.

[KitN1MCC]

As for Marcus he has done things like that in the Past.
A few years back he Set up some PAC RT/Mobile RPT for the MDC on the same channel as middletown PD RPT input with the same PL

[Pj]

Heh..Marcus.

Hasn't been able to get a Passport LTR system to work right yet. Windsor PD (not East Windsor) also was thrown LTR down into Madison last year as well. Ask Matt about that.

[bellersley]

I'm sure there's a LOT more of this kind of funny business going on that what is known. Up here, there's an SMR operator that runs a private 900MHz iDEN (Harmony) system. They're very infamous for bad faith tactics. Either they license frequencies at the wrong location (so Industry Canada doesn't complain about interference issues), recycling frequencies (using ones licensed at site A only at site D, E and F), or not licensing at all.

I remember reading somewhere that a transit service north of Toronto had contracted this company for radio service. They were put on a 900MHz LTR system. Thing is, the LTR system was physically about 25km south of the service area, resulting in coverage concerns. So what did the company do? They just moved the system 10km or so north to one of their other sites without bothering to change the license. Industry Canada caught wind of this. Instead of just requiring the proper paperwork put into place, they ordered the equipment relocated back to where it was licensed to, then have the paperwork filed to have the site moved, then moving it again. Needless to say, the customer wasn't thrilled when they heard what happened.

This is the same company that programs mose of the tow truck/media radios in the GTA for RX on the local police/fire/EMS system's 800MHz SmartZone system. Gee, I wonder if those system keys are legit?

[KitN1MCC]

that also sounds like a thing marcus would do as well