Interference Complaint and FCC Investigation
On February 4, 2008, the Federal Communications Commission's Enforcement Bureau released an Official Citation (Citation No. C20083240002, File No. EB-07-PA-395) to Earthlink, Inc. of Philadelphia, Pennsylvania, pursuant to Section 503(b)(5) of the Communications Act of 1934, as amended.
The enforcement action followed a complaint received by the Philadelphia Office on December 10, 2007, from Sprint-Nextel. The carrier reported that emissions from an unidentified spread spectrum transmitter were causing harmful interference to its cellular system on the frequency 900.800 MHz. Sprint-Nextel's installation was situated on antenna structure 1055890 located at 811 East Cayuga Street in Philadelphia, near coordinates 40° 00' 57" North Latitude and 075° 06' 38" West Longitude.
Between December 11, 2007, and December 18, 2007, Commission agents conducted an investigation and determined that the interfering emissions originated from a Motorola Canopy (Model 9000, Serial No. 0A003E9128A1) operated by Earthlink on antenna structure 1055890.
Regulatory Violations and Operational Rules
The citation details that the Motorola Canopy Model 9000 is classified as a Part 15 non-licensed intentional radiator. Under Section 15.5(b) of the Commission's Rules, operation of any intentional, unintentional, or incidental radiator is subject to the strict condition that no harmful interference is caused.
Sprint-Nextel holds Specialized Mobile Radio Service License KNNX426 under the name FCI 900, Inc., authorizing operation in the 900.00625 MHz through 900.13125 MHz band in the Philadelphia market. Under Section 15.3(m) of the Rules, harmful interference is defined as any emission, radiation, or induction that seriously degrades, obstructs, or repeatedly interrupts an authorized radio communications service.
Under Section 15.5(c), the operator of a radio frequency device must cease operations upon notification by an FCC representative and cannot resume until the condition causing harmful interference has been corrected.
- 47 C.F.R. § 15.5(b) condition: non-licensed radiators must not cause harmful interference to authorized services.
- 47 C.F.R. § 15.3(m) definition: harmful interference seriously degrades, obstructs, or repeatedly interrupts authorized communications.
- 47 C.F.R. § 15.5(c) mandate: immediate cessation of operations upon notification until the interference source is resolved.
Enforcement Warning and Response Procedures
The FCC notified Earthlink that continued or future violations of the Communications Act or Commission Rules could subject the company to substantial monetary forfeitures, equipment seizure through in rem forfeiture proceedings, and criminal sanctions.
Earthlink was provided the opportunity to request an interview at the FCC Atlanta Office in Duluth, Georgia, or to submit a written statement within 14 days of the citation. Any written response must specify the corrective measures taken and reference file number EB-07-PA-395.