06/14/2016
An FCC Enforcement Advisory[1] released in late May seems to state the obvious:
All FCC-authorized equipment must be used in compliance with laws and rules,
and that people or businesses violating federal law or FCC rules are subject to
enforcement action. A closer look, however, suggests that the prominently
emblazoned advisory is aimed at illegal "off-label use" of radio transmitting
devices. Before such equipment may be used, manufactured, sold, marketed, or
imported into the US, the FCC generally requires that it first receive a grant
of equipment authorization, demonstrating that it meets congressionally
mandated Commission technical standards, which include requirements to minimize
a device's potential to cause harmful interference.
"This equipment ranges from small devices like your smartphone and WiFi-enabled
thermostat to powerful transmitters used by broadcasters and wireless
carriers," the FCC advisory explained. This also can include such Amateur Radio
equipment as linear amplifiers, and transceivers with scanning receivers; most
ham radio equipment does not require a grant of authorization for use in
accordance with Part 97 regulations.
"Even if a device has an authorization, however, it may not be used
indiscriminately," the advisory continued. "Authorized equipment must be used
in a manner that complies with federal law and the Commission's rules." This
does not apply to devices and systems the government uses on its own
frequencies, the advisory pointed out.
"For licensed services, authorized equipment also must be used in a manner that
complies with the terms of the license," the Commission said. "Federal law
prohibits the use of any authorized equipment in a manner that is inconsistent
with the terms of its equipment authorization or that is in violation of the
Communications Act or the Commission's rules." The FCC said an equipment
authorization only signifies that a device meets FCC technical standards; it is
not an authorization to use a device in any possible way."
The FCC offered some examples of authorized equipment being used in an unlawful
manner:
o The use of authorized WiFi equipment to intentionally disrupt the lawful
operation of neighboring WiFi networks.
o The use of authorized broadcast transmitters to operate unlicensed or
"pirate" radio stations.
o The use of authorized Unlicensed National Information Infrastructure
(U-NII) devices on unauthorized frequencies or, on certain frequencies, without
a dynamic frequency selection (DFS) radar detection mechanism enabled.
o The use of authorized WiFi routers on unauthorized channels or on
authorized channels at unauthorized power levels.
o The programming and use of Private Land Mobile Radio devices (Part 90
radios) to operate on unauthorized channels.
The FCC's revised rules make it illegal to include user-reprogrammable firmware
in such devices as routers, so that they can be re-flashed post sale. For some
time now, hams involved in broadband WiFi networking activities have been
modifying commonplace routers for use on Amateur Radio frequencies - a legal
activity. It is not legal, however, to use a radio transmitting device
authorized in one radio service under the provisions of another radio service
for which it has not received required FCC authorization, such as using an
Amateur Radio transceiver on the Family Radio Service. And recent FCC
enforcement proceedings have involved the illegal use of devices possibly
authorized for other purposes, to block cellular telephone signals.
The advisory suggested that anyone wishing to complain about off-brand use of
authorized devices or otherwise used in a manner that violates FCC rules or the
Communications Act can complain[2] to the Commission.
[1] http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0526/DA-16-58
8A1.pdf
[2] http://www.fcc.gov/complaints
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