FCC Does it Again

On January 27, 2010 the FCC issued a formal Citation to Kevin Whitfield http://www.fcc.gov/eb/FieldNotices/2003/DOC-296094A1.html in connection with his use of a Hawkins Technologies HSB1 Wireless Wi-Fi amplifier. This type of device must comply with Part 15 of the FCC rules, which generally requires that certain devices may not cause harmful interference to other equipment and must accept interference from other devices. It appears that the Hawkins device may have had a problem as it was alleged that Mr. Whitfield's equipment was causing interference to the equipment of a licensed user.

As I have mentioned previously, a NAL (fine) cannot be issued without first issuing someone a Citation. In this case, it appears that the Citation was improperly issued to Mr. Whitfield. A Citation may only be issued if someone has violated one of the regulations of the FCC. Part 15 requires that someone stop using equipment that is causing harmful interference, once the user is notified of the problem. Obviously, a Citation cannot be issued unless Mr. Whitfield was first told about the interference and after receiving notice continued using the equipment. Only then has he violated the rules by using the equipment after being notified it was causing harmful interference.

Once again the FCC has jumped the gun and has improperly issued a Citation. We see this type of conduct often in our practice. What is the big deal and why should Mr. Whitfield fight the Citation? Well, because in our experience once the FCC has issued a Citation it is quick to issue a fine for the next violation, even if the conduct is unrelated to the first violation. Should Mr. Whitfield buy a TV which is defective and causes harmful interference or if he should buy a radio which causes interference he will be subject to a fine by the FCC. Anyone who receives a Citation needs to consult with a lawyer and timely respond to any Citation or official complaint from the FCC.