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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                              South Central Region

                                San Juan Office

                          US Federal Building Room 762

                            San Juan, PR 00918-1731

                                 April 20, 2009

   Via Certified Mail:

   Ayustar

   POB16892

   San Juan, PR 00908-6892

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-SJ-0013

   Document Number: W200932680001

   On March 11, 2009, in response to information provided by the Federal
   Aviation Administration ("FAA") that the Terminal Doppler Weather Radar
   ("TDWR") that serves the San Juan International Airport has been receiving
   interference on or adjacent to 5.61 GHz, the FCC's San Juan Office of the
   Enforcement Bureau ("San Juan Office") conducted an investigation on the
   roof top of the Western Bank Plaza Building in Hato Rey. Agents from this
   Office confirmed by direction finding techniques that radio emissions on
   frequency 5.60 GHz were emanating from the northeast corner of the
   building's roof, the location of one of your unlicensed National
   Information Infrastructure (U-NII) Motorola Canopy devices, model #
   5700BH20, FCC ID ABZ89F-C5804. Still on March 11, 2009, the agents
   contacted you and conducted on/off tests with your cooperation. When your
   U-NII device was in the transmit position, the TDWR experienced
   interference on 5.61 GHz. When your U-NII device was in the off position,
   the interference to the TDWR ceased.

   Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
   The only exception to this licensing requirement is for certain
   transmitters using or operating at a power level or mode of operation that
   complies with the standards established in Part 15 of the Commission's
   rules. Nonlicensed operation pursuant to Part 15 of the FCC's rules,
   however, is conditioned upon compliance with all applicable regulations in
   the subpart. 47 C.F.R. S: 15.1(b). All intentional radiators, such as your
   U-NII device, operating pursuant to Part 15 of the FCC's rules must be
   certified for use as a Part 15 device. 47 C.F.R. S: 15.201(b). The
   Motorola Canopy device, model # 5700BH20, FCC ID ABZ89F-C5804, is not
   authorized for use on frequency 5.60 GHz. Accordingly, you are not in
   compliance with the requirements of Part 15 of the FCC's rules. Therefore,
   your operations must be licensed by the FCC. The FCC has no record of a
   license being issued to you to operate a transmitter on 5.61 GHz from your
   location. Thus, this station is operating in violation of 47 U.S.C.
   S: 301.

   Nonlicensed operation of a U-NII device is also subject to the condition
   that it must not cause harmful interference and, if harmful interference
   occurs, operation of the device must cease. See 47 C.F.R. S:S: 15.5,
   15.405. Harmful interference is defined as "[a]ny emission, radiation or
   induction that endangers the functioning of a radio navigation service or
   of other safety services or seriously degrades, obstructs or repeatedly
   interrupts a radio communications service." 47 C.F.R. S: 15.3(m).

   You are hereby warned that operation of radio transmitting equipment
   without a valid radio station authorization, and/or operation of otherwise
   authorized equipment that continues to cause harmful interference after
   your receipt of this warning, constitutes a violation of the Federal laws
   cited above and could subject the operator to severe penalties, including,
   but not limited to, substantial monetary fines, in rem arrest action
   against the offending radio equipment, and criminal sanctions including
   imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and 510).

   UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
   IMMEDIATELY.  USE OF NON-CERTIFIED PART 15 EQUIPMENT AT ANY OTHER SITE
   ALSO MUST BE DISCONTINUED. NONLICENSED OPERATION OF A U-NII DEVICE MAY NOT
   RESUME UNLESS YOU ARE IN FULL COMPLIANCE WITH PART 15 OF THE FCC'S RULES
   AND UNTIL YOU CAN RESOLVE THE HARMFUL INTERFERENCE.

   You have ten (10) days from the date of this notice to respond with any
   evidence that the transmitter you are using is certified for use as a Part
   15 U-NII device and your transmitter is not the source of the interference
   to the TDWR. Your response should also state when you discontinued
   operations at the Western Bank Plaza Building in Hato Rey and a
   description of the steps you are planning to take to eliminate the
   interference. Your response should be sent to the address in the
   letterhead and reference the listed case and document number. Under the
   Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), we are informing you that the
   Commission's staff will use all relevant material information before it to
   determine what, if any, enforcement action is required to ensure your
   compliance with FCC Rules. This will include any information that you
   disclose in your reply.

   You may contact this office if you have any questions.

   Reuben Jusino

   Resident Agent

   San Juan Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", July 2003