On June 5, 2018, the Federal Communications Commission’s (“FCC’s” or the “Commission’s”) Enforcement Bureau (“Bureau”) issued a Notice of Apparent Liability against a manufacturer and retailer for marketing non-compliant RF devices, a dozen models of which were capable of operating in restricted spectrum bands.  The FCC proposes to assess a total fine of $2,861,128.00 against ABC Fulfillment Services LLC and Indubitably, Inc. (collectively, “HobbyKing”) for equipment authorization rule violations involving 65 models of recreational audio/video transmitters (“AV Transmitters”) used with model airplanes drones.  But more than $2.2 million of that resulted from the fact that twelve models apparently operates in restricted radio bands and three at higher powers than authorized in other bands. The restricted bands are those in which unlicensed transmitters are not allowed to operate because of potential interference to sensitive radio communications.  In the case of HobbyKing’s  the Commission found that its AV transmitters operated in bands where important government and public safety operations, such as those of the Federal Aviation Administration managing commercial and passenger flight traffic, doppler weather radar, flight testing, and other activities the FCC has determined are particularly worthy of heightened interference protection take place.  In other words, the moral is that marketing devices that do not have proper equipment authorization is bad, but doing so when the devices operate within restricted bands is quite simply “egregious,” as the NAL put it.

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Continuing its assault on unlicensed broadcast operations, the Federal Communications Commission (“FCC”) issued a unanimous Notice of Apparent Liability for Forfeiture (“NAL”) at its September meeting proposing the statutory maximum fine of $144,344 against a pirate radio operator as well as the owners of the property housing the unlicensed station.  The action represents the first time the FCC has found landowners apparently liable for pirate radio operations on their property and the first Commission-level NAL issued against a pirate radio operation.  Imposing penalties on property owners that support pirate operations has been a longstanding goal for Commissioner O’Rielly, and Chairman Pai signaled that cracking down on pirate stations remains a key enforcement priority for the FCC.

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On June 22, 2017, the Federal Communications Commission (FCC or Commission) issued a first-of-its-kind Notice of Apparent Liability (NAL) alleging that Adrian Abramovich, through numerous companies that he owned or operated, violated the Truth in Caller ID Act by placing more than 95 million robocalls to consumers while “knowingly causing the display of inaccurate caller ID information.”  The NAL proposes fines totaling $120 million, and seeks to hold Mr. Abramovich personally liable for the full amount.  Separately, the Commission released a citation against Mr. Abramovich on the same day for alleged violations of the Telephone Consumer Protection Act and the federal wire fraud statute.

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CashIn the first action of its kind, on June 7, 2017, the Federal Communications Commission (“FCC”) issued an amendment to a Notice of Apparent Liability for Forfeiture and Order (“NAL”), for alleged violations of the rules governing the Universal Service Rural Health Care Program (“RHCP”). The FCC found that the fine proposed in the initial NAL was not based on the correct violations and included violations beyond the agency’s one-year statute of limitations.  However, by changing the type of conduct found to violate the RHCP rules and increasing the proposed fine, the FCC’s amendment presents its own statute of limitations concerns and raises questions about the use of amendments in enforcement actions.  The amendment also is the first foray by Chairman Pai into Universal Service enforcement matters since he assumed the chairmanship in January of this year.

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Last week, the Enforcement Bureau of the Federal Communications Commission (“FCC”) announced a $135,000 settlement with Constellium Rolled Products Ravenswood, LLC (“Constellium”) regarding the company’s unauthorized radio station operations, failure to timely file radio station renewal applications, and acquiring private land mobile radio service (“PLMRS”) station licenses without advance FCC approval.  What makes the Constellium consent decree different than most is that the settlement was reached after the Bureau issued a Notice of Apparent Liability (“NAL”) proposing a forfeiture for these violations.  Much more frequently, consent decree orders are reached earlier in the process, obviating the issuance of an NAL.  In this case, the Bureau agreed to a significant reduction in the forfeiture in exchange for Constellium implementing a 3-year robust compliance plan, giving station licensees a glimpse into the potential value of settling in comparison with being subjected to an NAL followed by a forfeiture order if the defense against the NAL is not successful.

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Today the Federal Communications Commission’s (FCC’s) Enforcement Bureau (Bureau) issued a pair of closely-related enforcement actions against two radio station licensees for failing to comply with the FCC’s radiofrequency (RF) exposure limits.  T-Mobile received a $60,000 Notice of Apparent Liability and Wirelessco received a $25,000 Notice of Apparent Liability (NALs) for apparent inadequate protections to prevent public access to antennas co-located on the same office building rooftop in Phoenix, Arizona.  These actions underscore the importance of radio station operators ensuring that appropriate barriers and signage designed to limit access are in place and regularly maintained.

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Wi-Fi management or blocking practices have once again seized the enforcement spotlight at the Federal Communications Commission (FCC).  On November 2, the FCC released a Notice of Apparent Liability (Dean NAL) proposing  a $718,000 penalty against M.C. Dean, an electrical contracting company, for allegedly blocking Wi-Fi hotspots at the Baltimore Convention Center.  That same day, the FCC’s Enforcement Bureau (Bureau) released an NAL proposing a $25,000 fine against Hilton Worldwide (Hilton NAL) for its apparent refusal to comply with a Bureau Letter of Inquiry (LOI) investigating the company’s Wi-Fi management practices.  That investigation continues.

The new releases highlight several items of interest: 1) the FCC’s continued focus on Wi-Fi management resulting in blocking activities and alleged malicious interference, 2) the debate among the Commissioners regarding the FCC’s ability to fine companies for such activities under current law and FCC regulations, and 3) the potential expansion of Bureau investigations into the activities of the subsidiaries, affiliates and possibly franchisees of the investigation’s initial target.


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A Notice of Apparent Liability issued today by the Federal Communications Commission against AT&T for numerous alleged violations of microwave point-to-point license rules after a lengthy investigation by the Enforcement Bureau, but the two Republican Commissioners took the Commission and Bureau to task for failing to provide transparent factual bases and justifications for both the base violations and also the grounds for proposed upward adjustments.  Commissioner Ajit Pai made a point of concurring and Commissioner Michael O’Reilly concurred in part and dissented in part.


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The release of three notices of liability in the past two weeks regarding alleged violations of the Federal Communications Commission’s (FCC’s) antenna structure violations by the FCC’s Enforcement Bureau (Bureau) reveals the extent to which size may trump uncooperative and extended non-compliant behavior when it comes to proposed forfeitures.  For violations falling under same category