- Emergency Planning for Satellite Carriers Emergency Planning for Satellite Carriersantoine.greenTue, 02/15/2011 - 10:07             Disaster preparedness and recovery planning is designed to reduce the disruption of essential services when an emergency situation occurs. Emergency communications planning is key component of any disaster plan. Disaster plans should be flexible enough to be adapted to particular emergency situations.The following guidelines are intended to help satellite carriers ensure their continuity of operations and manage the security and operability of their communications systems and networks during emergencies. You may voluntarily choose to use these guidelines to further develop, enhance and expand their current emergency and disaster preparedness, response and recovery plans to build in a more comprehensive strategic approach to their overall emergency communications plans.In formulating your plans, the goal is to develop and implement strategies that ensure the continued operation of facilities before, during, and after an incident. Hence, the main steps are preparation, response, and recovery.PreparationCommunications and Continuity of Operations (COOP)	Operational processes. Identify those with key communications and information technology (IT) components that are critical to the continuation of essential services in an emergency. Also specify any procedures to be followed in the hours preceding a storm to protect computers, paper records, e.g., securing equipment, placing garbage bags over files, or moving files upstairs. Identify which, if any, databases should be backed up at the last possible moment.	Recovery processes. Develop processes to be used during the recovery. They should include procedures for impact assessment, repair/restoration, alternate solutions, post-incident analysis, and the updating of the emergency management plan. Pre-emergency procurement processes/contracts should be in place with appropriate industry partners/vendors that will enable the rapid acquisition of critical telecommunications equipment/services such as fixed and mobile satellite systems which may not be a capability in daily use by critical entities.	Communications response team. Develop a team that will take action during and following an emergency. This task must clearly define employee roles and responsibilities and establish a chain of command for operational functions and maintenance of communications infrastructure and IT services.	Employee training exercises. Conduct training for all phases of an emergency. Where feasible, consider doing cross training between communications team members to be able to compensate for personnel shortages that may occur. Include specialized training for employees with disabilities and those who work with them.	Communications leader training. Conduct training for those responsible for coordinating communications operations during major emergency events.	Employee contact lists. Develop lists that include office telephone numbers, work cell phone and blackberry contact numbers, and office email addresses. Also include personal home and cellular telephone numbers and personal email addresses. Continually update the lists to ensure that complete and current emergency contact information is on file and accessible. In addition, maintain the lists in paper format and on removable media such as USB drives that are stored off site. Also develop a list of employees with disabilities, giving instructions on how to contact them in an emergency (e.g., how to send a text message to a deaf employee's pager). In addition, develop a plan for how to keep people with disabilities informed in case of an emergency.	Service provider contact lists. Prepare contact information for IT, Internet, and telecommunications services. Include circuit numbers, Diagrams and TSP codes (see below).	Priority services. Three key federal programs are available that allow for priority call queuing and the priority provisioning or restoration of key communications circuits (see Network Reliability and Interoperability Council Best Practice 7-7-1011). The programs are:			TSP, or the Telecommunications Service Priority Program, provides organizations engaged in national security and emergency preparedness (NS/EP) functions with priority provisioning and restoration of telecommunications services that are vital to coordinating and responding to crises. Telecommunications service vendors prioritize service requests by identifying those services critical to NS/EP. A telecommunications service user with a TSP assignment is assured of receiving service by the service vendor before a non-TSP service user.		GETS, or the Government Emergency Telecommunications Service Program, provides emergency access and priority processing in the local and long distance segments of the Public Switched Network (PSN). It is intended to be used in an emergency or crisis situation during which the probability of completing a call over normal or other alternate telecommunication means has significantly decreased.		WPS, or the Wireless Priority Service Program, improves connection capabilities for a limited number of authorized national security and emergency preparedness (NS/EP) cell phone users. In the event of congestion in the wireless network, an emergency call using WPS will have priority queuing for the next available channel.			Alternate operations site. Such an alternative is essential in times of emergency. The designated location must be able to support critical IT and communications functions.Redundant/Back-up CommunicationsAssess communication systems in order to determine which systems and/or databases require redundancy.	Identify and establish safe locations for communications systems that require redundancy and back-up configurations.	Have a tested backup plan for satellite telemetry and control.	Perform periodic testing of systems to make sure they will work in an emergency.	Identify specific vulnerabilities (i.e., power outages, high wind, flooding, etc.) that are most likely to occur in that specific region and provide resources to overcome them.	Evaluate the resiliency, redundancy, and interoperability of the system while performing your inventory and risk assessment analysis. These steps should consider:			Diversity of communications systems (see below),		Last Mile Connectivity,		Facility Hardening and Alternate Routing,		Internal Building Infrastructure,		Hardware Back-up,		Un-interrupted Power supplies/Internal Reserve Power,		Availability of replacement parts, on-hand and in the market,		Redundant Paths and Physical Routes, and		Switching and packet re-route capabilities.			Learn the capabilities of the system so as to maximize the value of the plan. If you do not know these systems well and do not use them prior to an emergency, they are likely to fail during a major event due to lack of knowledge or readiness.	Obtain a last-resort backup means of communication (such as Wireless, WIFI, satellite) in response to adverse conditions, even if technical signal quality is substantially degraded under such conditions, for communicating with employees, police, fire department officials, emergency medical personnel and others in the community as needed.	Consider HF radio as an option, recognizing that HF usually requires a skilled operator such as a licensed HAM radio operator. It is advisable to identify and include HAM radio operators in your emergency operations plan and when activated, identify where they will be assigned. It is important to include all known HAM, Amateur Radio Emergency Service (ARES), and SHARES operating personnel in the area to maximize their assistance during critical times.	Preplan when known events are forecasted. This allows you to implement a preparation plan that institutes a procedure for readiness and testing of all frontline and redundant equipment. Preplanning includes topping off fuels, recharging batteries, adjusting work schedules, and notifying standby staff. Make sure all critical communications facilities are on the plan, as well as other private networks that are key in supporting emergency communications operations.Diversity of Communications SystemExamine the vulnerability of each communications service provider's infrastructure and facilities and consider the use of alternate providers.	Periodically test all redundant communications systems.	Consider the use of divergent routes, such as an office across the street that may be fed from a different cable or transformer. This is best accomplished in a discussion with your telecommunications service provider.	Even in those cases where end-to-end diversity is not available (perhaps because there is only one loop route to the PSAP), the PSAP should consider obtaining interoffice diversity from its provider.	The PSAP should also consider arranging with another PSAP for backup and support in the event of total failure or abandonment of the PSAP.Emergency NotificationsHave policies and protocols in place to ensure that all personnel have access to emergency notifications, via various communications devices.	Consider using a number of notification systems such as building-wide intercom, wireline phone messages, email notifications, and person-to-person communications for crisis management instructions (e.g., for full evacuation or relocation to a designated area of the building.	Ensure that notification systems can function in the event of a power failure. Although consideration often is given to lighting, public address or other notification systems sometimes are overlooked.	Identify employees with disabilities and special needs and work with these employees to develop strategies for keeping them informed during an emergency. Some employees, for example, may be unable to see or hear workplace announcements.	Develop plans for evacuating employees with special needs, such as those in wheelchairs.SecuritySecure communications and IT systems/facilities from physical and cyber attacks.	Maintain vital communications and IT equipment in protected locations with only authorized access.	Secure key facilities with experienced personnel and/or video surveillance cameras.	Limit access to IT systems to appropriate staff using login/password and other security measures.	Protect communication and IT systems from malicious cyber attacks and viruses by implementing security measures such as the regular updating of virus protection and other software security programs.PowerHave plans in place that account for commercial power disruptions for extended times during and following an emergency. Actions to take:	Activate backup power automatically through the use of a power source having a low risk of being interrupted during a power outage to maintain continuity of operations (i.e. a power generator).	Deploy power generators at secure, elevated locations in cases where it is essential to maintaining daily operations. Generators should be maintained by frequently testing them.	Ensure that sufficient levels of fuel are available at all times and periodically check those levels. When ordering a new installation, consider using dual fuel, such as Natural Gas and Diesel.	Ensure that power batteries are available for critical communications in case the power generators fail to function. Consider installing solar power or fuel cells where applicable. It is important to note that batteries are good for short term outages but often do not power the air conditioning equipment and do not adequately cool the other equipment (especially computers) which may be damaged or shutoff when overheated.	Consider purchasing new radios that can be powered by off-the-shelf alkaline batteries using appropriate adapters. Note, however, that batteries are only short term fixes and are depleting commodities that present a HAZMAT issue in disposal. Moreover, they will not power critical HVAC and environmental systems necessary for the operation of your facilities.	Establish sources for obtaining fuel to refill generators.	Make sure that batteries for radios, flashlights, fire detectors and other communications and safety devices are working, charged, and ready. Develop a daily, weekly or monthly schedule for periodically testing them.	Keep additional supplies of batteries at the worksite and at the alternative operational site. Rechargeable batteries should be tested in appropriate equipment and replaced periodically based on manufacturers' requirements.Test EquipmentVerify the availability of technician test equipment that may be needed when an emergency occurs. Also verify that test equipment works with both commercial and battery power when applicable.Mutual Aid AgreementsEnter into mutual aid or lend-lease agreements with similar organizations inside and outside of your area. In some cases, these agreements will enable organizations to share specialized resources rather than duplicate them in every jurisdiction.	Work with local public utilities (e.g., telephone, wireless phone, electric, and water) to develop a critical infrastructure priority restoration plan for your locality.	Establish a procedure and determine "emergency" contact telephone numbers with each of these agencies.	Meet and get to know these critical players before the need arises.ResponseActivate the Emergency Response Process which includes procedures for impact assessments, repairs and implementation of alternate communications solutions. Entities should:	Contact and bring together emergency staff members to brief them on response tasks.	Complete a communications system assessment to determine the operational status of your various communications systems: land mobile radio system, repeaters, PBX, LAN or data network, and email (incoming, outgoing, and internal). During the assessment, examine the following areas:			Inventory of assets, in use, in maintenance, on loan, and in back-up;		Infrastructure maintenance, performance against standards, system saturation, usage, and traffic loads;		Current Disaster Recovery Plan;		Current emergency support personnel;		Current Service Level Agreements and response time from vendors;		Current priority of service on all forms of service provided;		Communications and system repairs;		Current network resiliency, redundant paths, and primary/secondary fail over systems; and		Most current vendor, service provider, and State and Federal contacts.			After establishing what is in inventory and available, determine the level of support the system can give you. Establish a three-tiered priority list that will help you know the impact of losing a given asset and will allow you to better communicate your needs for assistance when necessary. Three levels of criticality are commonly used:			Mission Critical indicates a catastrophic breakdown in response ability which could result in major loss of life, property, and system trust breakdown. This situation requires an immediate effort to target restoration.		Important indicates a severe decrease in the ability to respond to emergency needs. There could be excessive loss of life or property associated with this type of outage. Only critical responses could be met.		Minor indicates that full capabilities could be apparent to the public with modifications to the systems and its architecture or software.			Perform a communications line assessment to determine the operational status of telecommunications lines connecting your organization to the outside world.			Activate backup systems to compensate for failed communications systems or lines and make sure that the backups have kicked in.		Complete repairs of those communications systems that the IT/telecom department can repair on its own. In addition, contact commercial vendors for repairs (including telephone companies if any of their lines or services have been impacted by the emergency).		Conduct situational awareness surveys/analyses and provide updates and reports to the organization's leadership and emergency management team, and, when appropriate, to the public.		Develop risk modeling against your first responder infrastructure and your response, based upon the top disasters your area is prone to. The analysis should run the gauntlet of issues including total loss of systems.		Use inclusions that test fail over for lost facilities, loss of human services, current structure and building designs, tower locations, and National Institute of Standards for Technology.		Perform an analysis that includes a steady and repeatable result and allows for a gap analysis of the systems and their functions. Areas of single point of failure should be identified and prioritized as tactions mitigating the impact of failure.		Include studies of current design and standards, as well as recovery based upon current service level agreement response intervals.		Also include the cost associated with the infrastructure, system, and personnel loss, as well as a mitigation study of liability impacts and supplemental loss.		RecoveryActivate the Emergency Recovery Process which includes procedures for conducting impact assessments, making repairs or restoration, establishing alternate solutions, performing post-incident analysis, and updating the emergency management plan.	Develop a means of personnel identification to insure access during these critical times. Do the same for any mutual aid agencies that may be helping.	Contact and gather emergency staff to review impact assessments to complete repairs and restoration of communications systems.	Complete a communications system assessment to determine the operational status of communications systems such as PBX, LAN or data networks, and the incoming, outgoing, and internal email system.	Perform a communications line assessment to determine the operational status of telecommunications lines connecting your business to the outside world.	Conduct an IT system assessment to determine the operational status of key computer systems for continuity of operations.	Complete all repairs and a post-incident analysis and utilize a lessons learned approach to emergencies.Update the organization 's emergency management plan as necessary. Schedule post-incident follow-up meetings and drills to address any outstanding emergency preparedness, response and recovery issues within 60 days of the incident.	Consider holding a debriefing session with employees or visitors with disabilities or special needs to determine how well emergency procedures worked for them and what, if anything, can be improved.	Remember that failing to plan is planning to fail.                                     Public Safety and Homeland Security                                  Exclude this node from search indexing                                                Archived                      no
- Tips for Communicating in an Emergency Tips for Communicating in an Emergency charles.harringtonTue, 11/23/2010 - 22:43             To ensure that your telephone call gets through to family, friends and loved-ones during an emergency or disaster, here are things to consider:It is important for consumers to keep in mind that during an emergency, many more people are trying to use their wireless and wireline telephones at the same time when compared to normal calling activity. When more people try to call at the same time, the increased calling volume may create network congestion.Recommended Practices for All Users	Limit non-emergency phone calls. This will minimize network congestion, free up "space" on the network for emergency communications and conserve battery power if you are using a wireless phone;	Keep all phone calls brief. If you need to use a phone, try to use it only to convey vital information to emergency personnel and/or family;	Try text messaging, also known as short messaging service (SMS) when using your wireless phone. In many cases text messages will go through when your call may not. It will also help free up more "space" for emergency communications on the telephone network;	If possible try a variety of communications services if you are unsuccessful in getting through with one. For example, if you are unsuccessful in getting through on your wireless phone, try a messaging capability like text messaging or email. Alternatively, try a landline phone if one is available. This will help spread the communications demand over multiple networks and should reduce overall congestion;	Wait 10 seconds before redialing a call. On many wireless handsets, to re-dial a number, you simply push "send" after you've ended a call to redial the previous number. If you do this too quickly, the data from the handset to the cell sites do not have enough time to clear before you've resent the same data. This contributes to a clogged network;	Have charged batteries and car-charger adapters available for backup power for your wireless phone;	Maintain a list of emergency phone numbers in your phone;	If in your vehicle, try to place calls while your vehicle is stationary;	Have a family communications plan in place. Designate someone out of the area as a central contact, and make certain all family members know who to contact if they become separated;	If you have Call Forwarding on your home number, forward your home number to your wireless number in the event of an evacuation. That way you will get incoming calls from your landline phone;	Be sure that you have at least one corded telephone that is not dependent on electricity in case of an electrical power outage. Cordless telephones usually will not work if there is a power outage;Recommended Practices for People with Disabilities	Register with your local Police Department. Remind them to keep a record of the help you may need during an evacuation, power outage or other emergency;	If you have a Personal Care Attendant, work with that person to decide how you will communicate with each other, such as by cell phone, if you are separated during an emergency;	Consider getting a medical alert system that will allow you to call for help if you are immobilized in an emergency. Most alert systems require a working phone line, so have a back up such as a cell phone or pager if the landlines are disrupted; and	Learn about devices such as personal digital assistants (PDAs), text radio, pagers, etc. that can help you receive emergency instructions and warnings from local officials. Tip: Learn about NOAA Weather Radio for the hearing impaired.Visit Federal Emergency Management Agency's (FEMA) website for more information.Recommended Practices for Communications Providers	Work with local emergency services personnel and large communications users (e.g., enterprise customers and campus environments) to develop plans for managing communications surges during emergencies;	Have procedures in place for provisioning additional capacity rapidly to areas that are experiencing surges in demand for communications services due to emergencies. These procedures are especially important for trunks that interconnect local switches with 911 tandems;	Include information in billing/marketing distributions to customers advising them of practices that they should follow when trying to communicate in an emergency;	Work with 911 call centers to help design and implement solutions that will enable them to manage heavy call volume during emergencies;	Ensure that critical 911 circuits are registered with Telecommunications Service Priority to expedite restoration of service;	Consider placing and maintaining 911 circuits over diverse interoffice transport facilities (e.g., geographically diverse facility routes, automatically invoked standby routing, diverse digital cross-connect system services, self-healing fiber ring topologies, or any combination thereof); and	Move network access away from the 911 tandem during surge events that accompany an emergency.                                     Public Safety and Homeland Security
- How Do I Find Out What Information is Subject to FOIA Requests How Do I Find Out What Information is Subject to FOIA Requestsdeborah.kleinThu, 03/24/2011 - 12:04             What Can I Obtain with a FOIA Request?Under the FOIA and the FCC's implementing rules, you are allowed to obtain copies of FCC records unless the records contain information that is exempt under the FOIA from mandatory disclosure. Section 552(b) of the FOIA contains nine types of records which are routinely exempt from disclosure under the FOIA:Records classified national defense or foreign policy materials, 5 U.S.C. § 552(b)(1);Internal personnel rules and agency practices, 5 U.S.C. § 552(b)(2);Information specifically exempted from disclosure by another statute, 5 U.S.C. § 552(b)(3);Trade secrets and commercial or financial information obtained from a person and privileged or confidential, 5 U.S.C § 552(b)(4);Inter- or intra-agency memoranda or letters which would not be available to a party in litigation with the agency, 5 U.S.C. § 552(b)(5);Personnel, medical and similar files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. § 552(b)(6);Records compiled for law enforcement purposes, 5 U.S.C. § 552(b)(7);Records relating to the examination, operations, or condition of financial institutions, 5 U.S.C. § 552(b)(8); andOil well data, 5 U.S.C. § 552 (b)(9).Even if a record falls within one of these FOIA exemptions, the FCC may, in some circumstances, release the records, depending upon the exemption at issue and the circumstances of the FOIA request.
- How to Report a Suspected Violation of Ex Parte Rules How to Report a Suspected Violation of Ex Parte Rulesgray.brooksTue, 03/22/2011 - 00:55             Section 1.1214 of the Commission's Rules provides:Any party to a proceeding or any Commission employee who has substantial reason to believe that any violation of this subpart has been solicited, attempted, or committed shall promptly advise the Office of General Counsel in writing of all the facts and circumstances which are known to him or her.&nbsp;&nbsp;This may be done by sending a letter addressed to:&nbsp;Office of General CounselAttention: Ex parte complaintsFederal Communications Commission45 L Street NEWashington, D.C. 20554(for U.S. Postal Service, including USPS overnight delivery)&nbsp;or&nbsp;Office of General CounselAttention: Ex parte complaintsFederal Communications Commission9050 Junction DriveAnnapolis Junction, MD 20701(for commercial overnight mail, such as FedEx or UPS)For further information about the ex parte rules, contact David.Senzel@fcc.gov&nbsp;or (202) 418-1720.                                     General Counsel              Secretary                                  Exclude this node from search indexing                                                Archived                      no
- How to File a Notice of an Ex Parte Presentation How to File a Notice of an Ex Parte Presentationgray.brooksTue, 03/22/2011 - 00:53             When are Ex Parte Presentations Allowed?For the purposes of the Ex Parte rules, FCC proceedings are broken down into three categories:1.&nbsp;&nbsp; &nbsp;"Exempt" proceedings, in which ex parte presentations may be made freely and do not require a subsequent notice;2.&nbsp;&nbsp; &nbsp;"Permit-but-disclose" proceedings, in which ex parte presentations to Commission decision-making personnel are permissible but subject to certain disclosure requirements (i.e., a copy of written presentations and a summary of oral presentations must be filed in the record); and3.&nbsp;&nbsp; &nbsp;"Restricted" proceedings, in which ex parte presentations to and from Commission decision-making personnel are generally prohibited (i.e., written materials must generally be served on all parties and all parties must have an opportunity to be present at oral presentations).How Do I File a Notice of an Ex Parte Presentation in a Permit-but-Disclose Proceeding?Copies of written presentations or summaries of oral presentations must generally be filed no later than two business days after the presentation, with copies of summaries to the Commissioners or Commission employees to whom the presentations were made.&nbsp; Presentations made the day a Sunshine notice is given must be filed the next business day, as must any allowable ex parte presentations during the Sunshine period.&nbsp; (See&nbsp;47 C.F.R. § 1.1206(b).)&nbsp;Copies and summaries should be filed electronically using the FCC's&nbsp;Electronic Comment Filing System (ECFS).The summaries of oral presentations must list all persons present and describe the substance of the new data or arguments presented (or provide a citation to prior written filings containing the data or arguments) and not merely list the subjects discussed. &nbsp;Generally, more than a one or two sentence description is required. (See&nbsp;47 C.F.R. § 1.1206(b)(2).)                                     General Counsel              Secretary                                  Exclude this node from search indexing
- Taking Legal Action Taking Legal ActionAnonymous (not verified)Mon, 06/27/2011 - 12:09             If you believe that you have been financially damaged by atelecommunicationscarrier and would like to take legal action against that carrier, you maybringa lawsuit based on a violation of the Communications Act in Federal DistrictCourt or file a legal action at the FCC.You cannot, however, file a lawsuit in Federal District Court regardingcomplaints related to accessibility requirements for Americans withdisabilities under Section 255 of the Communications Act, 47 U.S.C. §255.Whether you choose to file a lawsuit or a legal action at the FCC, you willhave the burden of providing evidence and making the legal argumentsnecessaryto prove your case. As a result, we strongly encourage you to contact legalcounsel for information on how to proceed with legal action.Federal District Court: You may bring a lawsuit for the recovery ofdamagesin a United States District Court under section 207 of the CommunicationsAct.47 U.S.C. § 207. Again, we advise you to contact legal counsel forinformation on how to file a legal action in a federal district court;ORFederal Communications Commission: You may elect to file a legalaction atthe FCC under Section 208 of the Communications Act. 47 U.S.C. § 208.Inaddition, a filing fee must be submitted with this type of complaint. Thistypeof legal action is most often filed when the complainant -- the person orentity filing the complaint -- seeks a written Commission ruling whichrequiresa carrier to pay damages resulting from an unlawful action. Because theCommission resolves this type of complaint in a manner similar to a courtproceeding, we strongly encourage consumers to seek the advice of legalcounselbefore filing an action. Typically, corporations file this type of legalactionagainst telecommunications carriers.  The rules governing the filing of thistype of legal action can be found in sections 1.720-1.736 of the FCC'srules.47 C.F.R. §§ 1.720-1.736.                                     Enforcement                                  Exclude this node from search indexing
- Interference Complaints Interference ComplaintsAnonymous (not verified)Fri, 06/24/2011 - 14:36             The Enforcement Bureau'sSpectrum Enforcement Division,in conjunction with theRegional and Field Offices,is responsible forresponding to interference complaints involving FCC licensees.Private Land Mobile Interference ComplaintsComplaints of Willful and/or Malicious Interference to AmateurOperationsBroadcast Interference Complaints                                      Enforcement
- Inspection Fact Sheet Inspection Fact SheetAnonymous (not verified)Mon, 06/27/2011 - 11:25             The Federal Communications Commission has the authority to inspect mostradio installations. Responsibility for conducting these inspectionsgenerally rests with the Enforcement Bureau's Field Agents. In thecourse of fulfilling this responsibility, the Agents often receivequestions concerning the authority and procedure under which they areworking. The Enforcement Bureau has assembled this general informationsheet to address some of the more commonly asked questions concerninginspections and to clarify why and how inspections occur.INSPECTION AUTHORITYSection 303(n) of the Communications Act of 1934, as amended, (Act)gives the Federal Communications Commission the "authority to inspectall radio installations associated with stations required to belicensed by any Act, or which the Commission by rule has authorized tooperate without a license under section 307(e)(1), or which are subjectto the provisions of any Act, treaty, or convention binding on theUnited States . . ." 47 U.S.C. 303(n) Both Section 303(n) of the Act,and the Rules which implement the Act, grant the right to inspect mostradio operations to the Commission, and by delegated authority to theCommission's Bureaus and agents. The Enforcement Bureau conductsinspections of radio installations as part of the Bureau's function to"[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a).Both licensees and non-licensees must allow an FCC Agent to inspecttheir radio equipment. Along with the privilege of possessing a licensecome responsibilities such as knowing the applicable rules, includingallowing the station to be inspected. Licensees should be aware of theCommission's right to inspect. Equally important, FCC Agents areallowed to inspect the radio equipment of non-licensees. Non-licenseesinclude those individuals or entities operating in accordance with Part15 of the Rules. Non-licensees also include those who should have alicense to operate their equipment but have not obtained a license andare operating without authority.Radio equipment is generally used in a commercial setting (e.g.,commercial broadcast station, land mobile station, commercial deliveryservice) or a residential setting (e.g., amateur, citizen's band (CB)radio). Home-based businesses may also operate radio stations. Thisfact sheet addresses inspection of radio stations in both thecommercial and residential settings.Frequently Asked Questions Related to Residential Inspectionof Radio Equipment by the FCCQ: Why must operators of radio frequency devices allow the FCCto inspect their equipment?A: The Commission must ascertain essential facts pertaining to theoperation of a station which may be vital to the resolution of a numberof questions, including interference problems involving public safety.For this reason, the FCC must be able to check all covered equipmentthat have the potential to emit radio frequencies. Section 303(n) ofthe Communications Act gives the FCC this authority.Q: What happens if I do not allow the FCC agent to inspect myequipment?A: Failure to allow inspection forecloses the opportunity to resolvethe problem. Thus, refusal to allow inspection is a serious challengeto the Commission's authority to inspect radio stations and is aviolation of the Rules. Such a refusal may lead to revocation of alicense, maximum monetary forfeiture, or other Commission sanctions.Q:	The FCC Agent standing at my door does not have a searchwarrant, so I don't have to let him in, right?A: Wrong. Search warrants are needed for entry involving criminalmatters. One of the requirements as a licensee, or non-licensee subjectto the Commission's Rules, is to allow inspection of your radioequipment by FCC personnel. Whether you operate an amateur station orany other radio device, your authorization from the Commission comeswith the obligation to allow inspection. Even radio stations licensedunder a "blanket" rule or approval, such as Citizen's Band (CB) Radio,are subject to the Commission's inspection requirement.Q:	Well then, if I am a low-power broadcaster and don't have anFCC license, they need a search warrant, right?A: Wrong again. The FCC agents have the authority to inspect all radioequipment; even if you do not have a license, the FCC can still inspectyour equipment. Section 303(n) of the Act gives the FCC the right toinspect all "stations required to be licensed." This language coversyour low-power radio station. The FCC agents are inspecting theequipment, not searching your house.Q:	Okay, I understand now why the Agent doesn't need a searchwarrant, but how do I know what the Agent will do next?A: Once you open the door, the agents should show their FCCidentification card and badge, identify themselves by name and agency,and should state the purpose of the visit. They then should requestpermission to inspect the radio station. The agents may also ask to seerecords such as licenses for the station or operator. Agents, however,should never open private cabinets, drawers, or other private items inthe search for license documents.Q:	Can the agents come to my residence at any hour of the dayor night to conduct an inspection?A: FCC Agents inspect during the hours of operation. If you areoperating your station during late or unusual hours you cannot use thetime element as justification for refusing to permit an inspection atthat time. You cannot avoid an inspection by electing to operate onlyduring late or unusual hours.Q:	The FCC Agent said that I had to allow inspection of myradio station without unnecessary delay.  What does "withoutunnecessary delay" mean?A: Immediate on-the-spot inspections are generally necessary. In mostcases, any delay can result in changed conditions of the transmittingequipment or its operation, adversely affecting the efficacy of theinspections. For that reason, Agents cannot return at a later time toaccommodate the operator, cannot wait for the operator to make anyadjustments to the equipment, and cannot spend time repeating thereasons for the inspection.Q:	Why don't the FCC's agents have to make an appointment withme to inspect my equipment?A: The Commission has no means of determining whether a station isbeing operated as licensed except through immediate on-the-spotinspection. To establish the amount of operating power of a station,the input power of the last radio stage of the transmitter must beactually measured with test equipment. To delay an inspection for theconvenience of a licensee would allow the licensee time in which tomodify or restore the transmitter to its licensed condition, thuspermitting the licensee to avoid detection. This same theory alsoapplies in the case of whether a station is operating with anunapproved type of transmitter.Q:	What can happen to me if the agent determines that I amusing illegal or unauthorized equipment?A: There are several different ways that this situation can be handled.You may volunteer to surrender the equipment to the agent who will thendestroy it under FCC procedure. If you choose not to surrender theequipment, the FCC can bring a proceeding against you to take theequipment. This is known as an in rem (i.e., property) forfeitureproceeding . Additionally, if you choose not to surrender theequipment, you can be issued a civil monetary forfeiture penalty.See 1997 Forfeiture Policy Statement 12 FCC Rcd 17087(1997).Q:	Am I required to surrender any illegal or unauthorizedequipment to the agent?A: No, surrender is voluntary. However, it is the best way to avoid alarge monetary forfeiture.Q:	Is the inspection procedure for various services different? Is the procedure different for licensees and non-licensees?A: The inspection procedure is essentially the same for all of theservices. Similarly, the inspection procedure is the same for licensedand non-licensed stations. This is because the FCC has the right toinspect ALL covered radio equipment.Frequently Asked Questions for the Business EnvironmentQ:	FCC Agents arrived to inspect the radio at my office.  Myboss isn't here.  Should I call my boss to be present forthe inspection?A: You may call your boss if you wish. If the company is open forbusiness, however, the inspection should be permitted regardless ofwhether your boss is present. This is not an acceptable reason to delayan inspection.Q:	My boss didn't tell me anyone would come by to inspect ourradio so I don't have to let the FCC inspectors in, right?A: Wrong. The licensee is responsible for knowing the rules and thoseinclude the FCC's right to inspect. Because the employer is responsiblefor the acts of the employee, it is up to the licensee-employer toinform its staff as to its responsibilities concerning the operation ofthe radio station.Q:	I run a small daytime only AM station.  Do I have to allowthe agents to inspect the station late at night?A: The FCC inspects during hours of operation. Thus, a day timestation, by definition, should not be operating at night. If FCC agentsdetermine that radio signals are emitting from the daytime stationduring night time hours, however, an inspection must be allowed ifrequested by an FCC agent.Q:	How do I know that these are really agents from the FCC?A: FCC Agents have a badge and credentials with their names and the FCCseal which they will present to you when requesting your permission toinspect. If you would like to further confirm their identity, you maycall the FCC's Communications and Crisis Management Center in Washington,D.C., at (202)418-1122. It is open 24 hours a day, 365 days a year.Q:	If an agent is testing my FCC authorized equipment and theequipment breaks or malfunctions during the tests, is theFCC liable?A: If the agent was negligent, you may have a claim under the FederalTort Claims Act (FTCA) to recover damages for your property. The FCCwill make the initial determination whether the agent was negligent.Q:	Can I have my attorney present during the inspection?  Can Imake the agent wait to start the inspection until myattorney is present?A: You may have your attorney present during the inspection; however,there is no constitutional right to have your attorney present.Therefore, you may not make the agent wait until your attorney arrives.Making the agent wait for your attorney conflicts with the "unnecessarydelay" requirement discussed earlier.                                     Enforcement                                  Tags:                               Enforcement
- How to Make a Privacy Act Request How to Make a Privacy Act Requestgray.brooksSun, 05/01/2011 - 19:46             Information may be requested from the Commission under the Privacy Act, 5 U.S.C. 552a. Privacy Act requests for information in the Commission's files must be in writing, and sent to the Privacy Act contact address found below. The Privacy Act permits a person to seek access to agency records pertaining to him or herself, provided the record is maintained within a "system of records" - i.e., the record is retrieved by that individual requester's name or personal identifier. Several exemptions apply, however. To learn more, see the Commission's policies related to the release of information at 47 CFR Subpart E, Privacy Act Regulations.To make a Privacy Act request, contact:Lori AlexiouFederal Communications Commission45 L Street NEWashington, DC 20554&nbsp;Privacy@fcc.gov202-418-xxxx -->&nbsp;                                     Managing Director                                  Tags:                               FCC Management &amp; Policies                    Policy                                                      Exclude this node from search indexing                                                Archived                      no
- Hoaxes HoaxesAnonymous (not verified)Mon, 06/27/2011 - 12:54             The Commission's prohibition against the broadcast of hoaxes is set forth at Section 73.1217 of the Commission's rules, 47 C.F.R. § 73.1217.This rule prohibits broadcast licensees or permittees from broadcasting false information concerning a crime or a catastrophe if: the licensee knows this information is false; it is foreseeable that broadcast of the information will cause substantial public harm; and broadcast of the information does in fact directly cause substantial public harm.Any programming accompanied by a disclaimer will be presumed not to pose foreseeable harm if the disclaimer clearly characterizes the program as a fiction and is presented in a way that is reasonable under the circumstances.For purposes of this rule, "public harm'' must begin immediately, and cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties.The public harm will be deemed foreseeable if the licensee could expect with a significant degree of certainty that public harm would occur.A "crime'' is any act or omission that makes the offender subject to criminal punishment by law.A "catastrophe'' is a disaster or imminent disaster involving a violent or sudden event affecting the public.Complaints alleging violation of this rule should be sent to the Federal Communications Commission, Enforcement Bureau, Investigations &amp; Hearings Division, 445 12th Street, SW, Washington, D.C. 20554. Complaints should include the call sign and community of license of the station, the date and time of the broadcast(s) in question, and a detailed description of the public harm caused as a result of the broadcast. In addition, if possible, complaints should include a transcript or recording of the broadcast in question.                                     Enforcement