Enforcement Action and Cease-and-Desist Directive
On September 28, 2023, the Federal Communications Commission's Enforcement Bureau released a Citation and Order (DA 23-907) against Jesse Coppage of York, Pennsylvania. The action follows findings that radio frequency devices operated at Coppage's residence caused persistent harmful interference to licensed commercial wireless operations.
Under Section 503(b)(5) of the Communications Act of 1934, as amended, the Commission must issue a formal citation before imposing monetary forfeitures on non-regulated entities. The order directs Coppage to immediately cease and desist from operating the non-compliant devices and warns that continued or future violations could result in civil penalties of up to $23,727 per day, up to a maximum of $177,951 for a single act or failure to act, as well as possible equipment seizure or criminal sanctions.
Investigation of 2500 MHz Band Interference
The investigation began after T-Mobile USA, Inc. filed a complaint on October 3, 2022, regarding radio interference affecting its wireless communications network operating in the 2500 MHz band in York, Pennsylvania. T-Mobile identified the suspected source as a residential surveillance camera system on Oatman Street and reported that the residents had not resolved the issue after direct contact.
Agents from the Enforcement Bureau's Columbia Field Office conducted multiple on-site investigations to trace the emissions using radio direction-finding techniques:
- October 17, 2022: Agents confirmed that the interference originated from 779 Oatman Street and observed a surveillance camera on the front porch lacking visible make, model, or FCC labeling. Agents spoke with Coppage's spouse but were not permitted inside to inspect the base unit.
- October 18, 2022: An agent spoke with Coppage by telephone, requesting a temporary power shutoff to the camera system. T-Mobile confirmed that the wireless interference ceased while the cameras were powered down.
- November 7, 2022: Following renewed interference reports, agents returned to the property and verified that the surveillance system was again generating harmful interference.
- November 23, 2022: The Enforcement Bureau issued a formal Notice of Harmful Interference requesting corrective action.
- February 22, 2023: Agents conducted follow-up direction-finding measurements and confirmed the surveillance system continued to cause interference to T-Mobile's 2500 MHz operations.
Statutory and Regulatory Violations
The Enforcement Bureau determined that Coppage violated several statutory provisions and Commission rules governing radio frequency devices and unauthorized spectrum operations.
Under Part 15 of the Commission's rules, unlicensed devices may only operate on the condition that they do not cause harmful interference to authorized services. Operators must immediately cease operating any Part 15 device upon being notified by an FCC representative that it is causing interference.
- Section 301 of the Communications Act: Unauthorized operation of radio apparatus without a license.
- Section 302(b) of the Communications Act: Use of devices that fail to comply with applicable FCC technical and labeling regulations.
- Section 333 of the Communications Act: Willful or malicious interference to licensed radio communications.
- 47 CFR Section 15.5(b): Operation of an intentional, unintentional, or incidental radiator causing harmful interference.
- 47 CFR Section 15.5(c): Failure to cease operation of an interfering radio frequency device upon official notification.
- 47 CFR Section 2.925(a)(1): Operation of equipment lacking required FCC ID labeling.
Required Response and Information Request
Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act, the Enforcement Bureau ordered Coppage to provide a written response within 30 calendar days of the order's release date.
The response must include the brand, model, and serial number for each surveillance camera installed at the property, confirmation of whether each device has been deactivated, and detailed descriptions of any corrective measures taken to permanently eliminate interference to T-Mobile's licensed operations. The submission must be accompanied by an affidavit or declaration under penalty of perjury.