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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                  North Region

                            Chicago District Office

                     1550 North Northwest Highway, Room 306

                           Park Ridge, Illinois 60068

                                 (847) 813-4660

                                October 29, 2013

                           Via Certified Mail Return Receipt and Regular Mail

   American Wireless Broadband

   Chicago, Illinois

                       NOTICE OF UNLICENSED OPERATION AND

                      NOTIFICATION OF HARMFUL INTERFERENCE

   Case Number: EB-FIELDNER-13-00011329

   Document Number: W201432320001

   On September 18, 2013, an agent from the Enforcement Bureau's Chicago
   Office responded to information provided by the Federal Aviation
   Administration (FAA) that the Terminal Doppler Weather Radar (TDWR) that
   serves the Chicago Midway airport had been receiving interference in the
   5645 MHz band. The agent confirmed by direction finding techniques that
   radio emissions with a 40 MHz bandwidth centered on frequency 5650  MHz
   were emanating from the rooftop of the Noble Square Cooperative, 1165
   North Milwaukee Avenue, Chicago, Illinois, the location of one of American
   Wireless Broadband's  Unlicensed National Information Infrastructure
   (U-NII) devices. The device had no external labels or identification but
   the transmitter was subsequently identified by American Wireless Broadband
   as a DBii Networks F52N with FCC ID VKV-F52N. On September 18, 2013, the
   agent contacted you and informed you of the interference problem. When the
   center frequency of your U-NII device was moved out of the TDWR
   operational band, the interference to the Midway 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. Non-licensed operation pursuant to Part 15 of the Commission'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
   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) and failure to operate such
   device consistent with its authorization violates Part 15 of the
   Commission's rules.

   The DBii F52N device is not authorized for use on 5650 MHz.^ Accordingly,
   your operation of the DBii F50N-PRO device on frequency 5650 MHz does not
   comply with the requirements of Part 15 of the Commission's rules and
   should therefore be licensed by the FCC. The FCC has no record of a
   license being issued to you to operate a transmitter on 5620 MHz from 1165
   North Milwaukee Avenue, Chicago, Illinois. Thus, your operation was in
   violation of 47 U.S.C. S 301.

   Non-licensed 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. SS 15.5(c),
   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 notified that your DBii device operating on 5650 MHz was
   causing harmful interference to the TDWR  at the Chicago Midway airport
   and that your operation of this device must not resume, until the
   interference can be resolved. You are also hereby warned that operation of
   radio transmitting equipment without a valid radio station authorization,
   including non-certified equipment or modified equipment which voids the
   certification, 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. SS 401, 501, 503 and 510).

   UNLICENSED OPERATION ON FREQUENCY 5650 MHZ MUST NOT RESUME. 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 RESOLVE THE
   HARMFUL INTERFERENCE.

   You have ten (10) days from the date of this notice to respond with any
   evidence that your transmitter is not the source of the interference to
   the TDWR. Your response should describe the steps you are planning to take
   to eliminate future interference to the TDWR of the Chicago Midway
   airport. 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.

   James M. Roop

   District Director

   Chicago District Office

   North Region

   Enforcement Bureau

   ^ According to the VKV-F52N equipment authorization, the DBii device is
   authorized to operate in the following bands: 2400 to 2483.5 MHz, 4940 to
   4990 MHz, and 5725 to 5850 MHz. See 47 C.F.R. S 15.247.