Cell Phone "Jammers" = "Pandora's Box"

If you are one of those who are thinking of purchasing a so-called "signal blocker" or cell 'phone "jammer" -- an electronic device designed to curb the real or perceived inappropriate use of wireless phones in restaurants, theaters, commuter trains, hospitals, and other similar public gathering places -- and, which are being advertised and sold on numerous Internet web sites, you may not know or realize that such devices (with certain well-defined exceptions) are nonetheless illegal to use in the United States.


I won't bore you with a long dissertation on the supposed pros and cons of the devices or the consequences that could result from the unchecked and potentially dangerous use of them. Rather, I have chosen to share the following pertinent excerpts from the U.S. government and the FCC for your information instead.


FCC Public Notice DA # 05-1776 - June 27, 2005

Sale or Use of Transmitters Designed to Prevent, Jam or Interfere
with Cell Phone Communications is Prohibited in the United States

http://www.fcc.gov/eb/Public_Notices/DA-05-1776A1.html

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1776A1.pdf


Additionally, below are what appear to be the applicable Rules regarding "signal" or "cellular jamming" or similar devices. Perhaps the Commission should be sharing this information with those who apparently are in violation both Section 302 [47 U.S.C. 302], Section 333 [U.S.C 47 333] and, possibly other sections of the Act?

Communications Act of 1934, as
Amended by the Telecommunications Act of 1996

TITLE III--PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS

SEC. 302. [47 U.S.C. 302] DEVICES WHICH INTERFERE WITH
RADIO RECEPTION.

(b) No person shall manufacture, import, sell, offer for sale, or
ship devices or home electronic equipment and systems, or use
devices, which fail to comply with regulations promulgated
pursuant to this section.

SEC. 333. [47 U.C.S. 333] WILLFUL OR MALICIOUS INTERFERENCE.

No person shall willfully or maliciously interfere with or
cause interference to any radio communications of any station
licensed or authorized by or under this Act or operated by the
United States Government.

TITLE V -- PENAL PROVISIONS -- FORFEITURES

SEC. 501. [47 U.S.C. 501] GENERAL PENALTY.

Any person who willfully and knowingly does or causes or suffers
to be done any act, matter, or thing, in this Act prohibited or
declared to be unlawful, or who willfully and knowingly omits or
fails to do any act, matter, or thing in this Act required to be
done, or willfully and knowingly causes or suffers such omission
or failure, shall upon conviction thereof, be punished for such
offense, for which no penalty (other than a forfeiture) is provided
in this Act, by a fine of not more than $10,000 or by imprisonment
for a term not exceeding one year, or both; except that any person,
having been once convicted of an offense punishable under this
section, who is subsequently convicted of violating any provision
of this Act punishable under this section, shall be punished by a
fine of not more than $10,000 or by imprisonment for a term not
exceeding two years, or both.

SEC. 502. [47 U.S.C. 502] VIOLATION OF RULES, REGULATIONS,
AND SO FORTH.

Any person who willfully and knowingly violates any rule,
regulation, restriction, or condition made or imposed by the
Commission under authority of this Act, or any rule, regulation,
restriction, or condition made or imposed by any international
radio or wire communications treaty or convention, or regulations
annexed thereto, to which the United States is or may hereafter
become a party, shall, in addition to any other penalties provided
by law, be punished, upon conviction thereof, by a fine of not
more than $500 for each and every day during which such offense
occurs.

SEC. 510. [47 U.S.C. 510] FORFEITURE OF COMMUNICATIONS DEVICES.

(a) Any electronic, electromagnetic, radio frequency, or similar
device, or component thereof, used, sent, carried, manufactured,
assembled, possessed, offered for sale, sold, or advertised with
willful and knowing intent to violate section 301 or 302, or
rules prescribed by the Commission under such sections,
may be seized and forfeited to the United States.

The text of the entire Act can be found here:

http://www.fcc.gov/Reports/1934new.pdf


In view of the above, consider yourselves forewarned about the use of "jammers" ......because spectum matters.


NR

Defining the "Harm" in "Harmful Interference"

Here's a post from CommLawBlog which readers might find both interesting and informative when it comes to radio and wireless communications system interference....

(Excerpt): "The concept of “harmful interference” is central to FCC spectrum policy. (It might surprise you however, that) the FCC has never said just what the term means. Oddly, though, that might be a good thing.

Nearly every band of the radio spectrum is shared among two or more categories of users. If we think of the spectrum as being spread out horizontally, the users of each band are stacked vertically. To see how this looks, click here.

Each band has a predetermined pecking order among its users: primary, secondary, and unlicensed. The relationships among all of these turn on harmful interference. Specifically:

• “Primary” users are protected against harmful interference from all other users.
  
  
• “Co-primary” users – services in the same band jointly designated as primary – may not cause harmful interference to each other.
  
  
• "Secondary” users may not cause harmful interference to primary users, and must accept harmful interference from primary users.
  
  
• Unlicensed users may not cause harmful interference to primary or secondary users, and must accept harmful interference from everybody.

The notion of harmful interference being key to the whole enterprise, we might expect to find a crisp and objective definition in the FCC rules. But when we look, we find something else. " (End excerpt)

Take a few minutes to learn more about the often mis-understood element of "harmful interference" - which is found in all radio and wireless communications systems - and the criteria that the FCC uses to help define it, here:

http://www.commlawblog.com/2009/01/articles/broadcast/finding-the-harm-in-harmful-interference/

It's actually a pretty tough job these days, especially when spectrum matters....

See http://en.wikipedia.org/wiki/Spectrum_management for more insight.

NR