Subject: [NEXTEL-1] New Notice: FCC requires BDA >> USERS<< to have license

From: [email-masked]
Date: Tue, 09 Dec 2003 23:07:53 -0500

-------- Original Message --------
From: [email-masked]
Subject: Re:  New Notice: FCC requires BDA >> USERS<< to have license

I did not, in any way, intend to imply that I disagreed with Jack, nor imply 
that any general member of the public could buy a booster and use it.  It was 
Jack's intention, as I understand it from past discussions, to have a nice, 
tidy letter from the FCC which speaks to one point, and one point only, that 
it's the licensee only that can employ a booster.  My point was only that the 
private letter that he received from the Commission, while a nice start, would 
not ultimately serve his intended purpose.  I then sought to direct him to those 
that I believe COULD help him achieve his desired result.

I prepared the Cellwave comments in the particular proceeding that you cited. 
 I wish someone had mentioned this issue to me at the time (or that I had 
thought of it myself), in which case we could have addressed it very nicely and 
neatly at the time.

Sorry for the confusion.

Here's what I see of value to answer the question:

In the 1998 Biennial Review item - PR Docket No. 98-182 - the FCC said in the 
MO&O/2nd R&O, 17 FCC Rcd 9830 (2002) at footnote 84 that "LICENSEES are 
authorized to operate signal boosters in several land mobile and microwave 
services." (emphasis added)

Paragraph 2 of the MO&O as well as many references in the R&O in the 
proceeding that you cited makes a similar reference (i.e. "LICENSEE").

In the broadcast arena, there is a specific reference in the FCC's September 
1, 2000 instructions for completing Form 323, where it says: "Similarly, TV 
broadcast booster stations provide a means whereby only the permittee or 
licensee of a full service television broadcast station may retransmit the
programs 
and signals of its primary station to areas of low signal strength in any 
region within the primary TV station's Grade B contour."

In Part 21, there is a reference in 21.913(b) to the licensee or "capacity 
lessee".  There's a similar reference in 74.985(b).

In 1975, the FCC addressed this issue for UHF television stations.  "UHF 
television translator signal boosters are on-channel stations available only to 
the licensee of a UHF translator station and are for the purpose of providing 
receiption to small shadowed locations within the area intended to be served by 
the translator."

On this basis, I believe that signal boosters can only be used by licensees.  
However, this isn't the neat, clean document that Jack would like to have.  
Seeking that document officially from the FCC is still the best route.

Alan Tilles

In a message dated 12/9/2003 9:31:54 PM Eastern Standard Time, 
[email-masked] writes:
Mr Tilles, 

I don't understand why you are confusing this matter further.

I think the FCC was very clear in the R&O below that signal boosters were
intended to be used by 'licensees' to fill in coverage within their area of
license, whether it is under Part 22, 90, 94, or even 24 or 27.  Since they
are transmitters, they must be type accepted and must be covered under an
existing license (either site licensed or geographically licensed) to
operate on specific frequencies over a pre-defined coverage area.  The
licensee is responsible to control both coverage and interference from them.

Rather than Jack investigating this issue further, I challenge you provide
us examples of where the general public can legally buy a signal booster and
install it without it being licensed, and operate on frequencies licensed to
someone else without their consent, and cite the FCC rules that support that
example.

-------------------------------------------------------------------------

FCC 96-223                                            June 5, 1996

In the Matter of                                       )

                                                                )    WT
Docket No. 95-70

Amendment of Parts 22, 90, and 94       )    RM-8200

of the Commission's Rules to Permit     )

Routine Use of Signal Boosters             )

                               REPORT AND ORDER

Adopted: May 16, 1996                   Released: June 5, 1996

Regards, 

David Eierman  
Principal Staff Engineer 
Motorola, CGISS, Spectrum Strategy 
Phone:       410-712-6242 
Email:        [email-masked]

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---

From: "Madden, Roger" <[email-masked]>
Date: Wed, 10 Dec 2003 09:55:19 -0500

Not to kick up "dust" in the milking shed, here is a companion issue for
discussion with FCC officialdom, one that involves OET as well as WTB. 

I can visualize that someone who builds device meeting the radiated
emission requirements of Part 15, and operating in one or more of the
cellular bands, might want to market it as an unlicensed on-channel
cellular repeater.  Such devices would still have to be certificated,
but wouldn't have to be licensed to anybody.  However, the coverage
would be within a few 10 of feet, rather than 100s of feet, and
antenna(s) would probably be self-contained.  

How would the FCC address this issue in the context of the licensed
service?  

Was this addressed in 96-223?

Roger Madden
__________

-----Original Message-----
From: [email-masked] [mailto:[email-masked]] 
Sent: Tuesday, December 09, 2003 11:08 PM
To: [email-masked]
Subject: [NEXTEL-1] New Notice: FCC requires BDA >> USERS<< to have
license

-------- Original Message --------
From: [email-masked]
Subject: Re:  New Notice: FCC requires BDA >> USERS<< to have license

I did not, in any way, intend to imply that I disagreed with Jack, nor
imply 
that any general member of the public could buy a booster and use it.
It was 
Jack's intention, as I understand it from past discussions, to have a
nice, 
tidy letter from the FCC which speaks to one point, and one point only,
that 
it's the licensee only that can employ a booster.  My point was only
that the 
private letter that he received from the Commission, while a nice start,
would 
not ultimately serve his intended purpose.  I then sought to direct him
to those 
that I believe COULD help him achieve his desired result.

I prepared the Cellwave comments in the particular proceeding that you
cited. 
 I wish someone had mentioned this issue to me at the time (or that I
had 
thought of it myself), in which case we could have addressed it very
nicely and 
neatly at the time.

Sorry for the confusion.

In the 1998 Biennial Review item - PR Docket No. 98-182 - the FCC said
in the 
MO&O/2nd R&O, 17 FCC Rcd 9830 (2002) at footnote 84 that "LICENSEES are 
authorized to operate signal boosters in several land mobile and
microwave 
services." (emphasis added)

In the broadcast arena, there is a specific reference in the FCC's
September 
1, 2000 instructions for completing Form 323, where it says: "Similarly,
TV 
broadcast booster stations provide a means whereby only the permittee or

licensee of a full service television broadcast station may retransmit
the
programs 
and signals of its primary station to areas of low signal strength in
any 
region within the primary TV station's Grade B contour."

In Part 21, there is a reference in 21.913(b) to the licensee or
"capacity 
lessee".  There's a similar reference in 74.985(b).

television translator signal boosters are on-channel stations available
only to 
the licensee of a UHF translator station and are for the purpose of
providing 
receiption to small shadowed locations within the area intended to be
served by 
the translator."

On this basis, I believe that signal boosters can only be used by
licensees.  
However, this isn't the neat, clean document that Jack would like to
have.  
Seeking that document officially from the FCC is still the best route.

Alan Tilles

I think the FCC was very clear in the R&O below that signal boosters
were
intended to be used by 'licensees' to fill in coverage within their area
of
license, whether it is under Part 22, 90, 94, or even 24 or 27.  Since
they
are transmitters, they must be type accepted and must be covered under
an
existing license (either site licensed or geographically licensed) to
operate on specific frequencies over a pre-defined coverage area.  The
licensee is responsible to control both coverage and interference from
them.

Rather than Jack investigating this issue further, I challenge you
provide
us examples of where the general public can legally buy a signal booster
and
install it without it being licensed, and operate on frequencies
licensed to
someone else without their consent, and cite the FCC rules that support
that
example.

------------------------------------------------------------------------
-

FCC 96-223                                            June 5, 1996

In the Matter of                                       )

                                                                )    WT
Docket No. 95-70

                               REPORT AND ORDER

Regards, 

David Eierman  
Principal Staff Engineer 

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