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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of:               )
                                )
Freewave Technologies, Inc.     )       File No. EB-02-TS-581
                                )       
Grantee of Equipment            )
Authorizations, FCC ID#s  KNY-DGR-115,  )
KNY-205-108213, KNY-1931852313419  )
and KNY-21161341911919          )
                                   
                              ORDER

Adopted:  August 31, 2004               Released:   September  2, 
2004

By the Chief, Spectrum Enforcement Division:

I. Introduction

1.   In this Order, we address an informal request for Commission 
  action filed pursuant to Section 1.41 of the Commission's 
  Rules (``Rules'')1 by Microwave Data Systems, Inc. (``MDS''), 
  which requests revocation of the above-captioned equipment 
  authorizations for Part 15 spread spectrum transmitters held 
  by Freewave Technologies, Inc. (``Freewave'').  For the 
  reasons discussed below, we dismiss in part and deny in part 
  MDS's request.
II.  Background

2.   On July 31, 1996, an equipment certification for a Part 15 
  spread spectrum transmitter with FCC ID# KNY-DGR-115 was 
  granted to Freewave.  On August 15, 1996, an equipment 
  certification for a Part 15 spread spectrum transmitter with 
  FCC ID# KNY-205-108213 was granted to Freewave.  On January 9, 
  2001, an equipment certification for a Part 15 spread spectrum 
  transmitter with FCC ID# KNY-1931852313419 was granted to 
  FreeWave.  On August 2, 2001, an equipment certification for a 
  Part 15 spread spectrum transmitter with FCC ID# 
  KNY21161341911919 was granted to FreeWave.
3.   On May 31, 2002, MDS filed an informal request for 
  Commission action pursuant to Section 1.41 of the Rules which 
  requested revocation of these four equipment authorizations 
  held by Freewave.  In its request, MDS asserted that Freewave 
  ``has demonstrated a clear pattern of non-compliance with the 
  FCC's rules'' by marketing equipment under FCC ID#s KNY-DGR-
  115, KNY-205-108213, KNY-1931852313419 and KNY21161341911919 
  that does not comply with the terms of these equipment 
  authorizations.  In support of this assertion, MDS made 
  numerous specific allegations with respect to equipment 
  marketed under each of the four FCC Identifiers.  MDS also 
  alleged that Freewave is marketing non-compliant and 
  unauthorized bilateral amplifiers to the general public in 
  violation of Section 15.204(a) of the Rules.2
4.   On June 20, 2002, Freewave filed a motion to dismiss MDS's 
  request.  In its motion, Freewave asserted that the 
  allegations raised by MDS are without merit.  
5.   Subsequently, the FCC's Office of Engineering and Technology 
  referred the matter to the Enforcement Bureau for 
  investigation.  On June 10, 2004, the Spectrum Enforcement 
  Division of the Enforcement Bureau issued a letter of inquiry 
  (``LOI'') to Freewave.3  Freewave submitted its response on 
  June 24, 2004.4  
III.  Discussion

     FCC ID#s KNY-205-108213, KNY-1931852313419 and 
KNY21161341911919
6.   In its response to our LOI,  Freewave indicated that it has 
  ceased manufacturing and selling equipment under three of the 
  four FCC Identifiers at issue.  Specifically, Freewave stated 
  that it last manufactured or sold equipment under FCC ID# KNY-
  205-108213 on October 1, 1998, and under FCC ID#s KNY-
  1931852313419 and KNY21161341911919 on April 7, 2003.  Given 
  that Freewave is no longer manufacturing and selling equipment 
  under these three FCC Identifiers and apparently has no plans 
  to resume manufacturing and selling equipment under these FCC 
  Identifiers, we find that MDS's request for revocation of 
  these equipment authorizations is moot at this time.  
  Accordingly, we dismiss without prejudice its informal request 
  for Commission action seeking revocation of these three 
  authorizations.5
     FCC ID # KNY-DGR-115
7.   MDS alleged in its request for revocation that the 
  ``Professional Radio Series'' Model DGR-115H product marketed 
  by Freewave under FCC ID# KNY-DGR-115 does not comply with the 
  authorization.  Specifically, MDS asserted that the Model DGR-
  115H has a straight SMA connector advertised to produce a 1 
  watt output, has an RS-232 interface through a standard DB-9 
  indicating no reference to shielding connected directly to a 
  computer, does not include a power supply incorporating a 
  ferrite core for filtering or provide documentation to the 
  customer concerning the requirement to add a ferrite core, and 
  does not have a permanently attached antenna.  
8.   In its motion to dismiss, Freewave stated that it has always 
  sold the DGR-115H in the U.S. with the non-standard SMA 
  connector.  Freewave also noted that the DGR-115H pictured in 
  an exhibit to MDS's request has the correct non-standard 
  connector on it and that the data sheet provided by MDS in 
  another exhibit explicitly states ``Non-standard SMA 
  connector.''  Freewave further stated that it satisfied the 
  requirements for shielded data and power supply connectors in 
  the DGR-115H by incorporating them internally within the metal 
  enclosure, which was a Class I permissive change under Section 
  2.1043(b)(1) of the Rules.6  Freewave asserted that because of 
  this permissive change, no additional ferrite was needed by 
  the customer.  Moreover, Freewave asserted that it has always 
  included the power supply with the DGR-115H.  Finally, 
  Freewave stated that it has always sold the DGR-115H with a 
  unique connector in compliance with Section 15.203 of the 
  Rules,7 which provides that intentional radiators must have 
  either a permanently attached antenna or a unique coupling.
9.    After reviewing the record, we find no basis for initiation 
  of proceedings to revoke Freewave's equipment authorization, 
  FCC ID# KNY-DGR-115.  In this regard, we believe that Freewave 
  has refuted each of MDS's allegations that Freewave is 
  marketing non-compliant equipment under this authorization.  
  Accordingly, we deny MDS's informal request for Commission 
  action seeking revocation of FCC ID# KNY-DGR-115.
     Bilateral Amplifiers
10.  MDS also alleged that Freewave sells bilateral amplifiers to 
  the general public in violation of Section 15.204(a) of the 
  Rules.  MDS acknowledged that Freewave states that the 
  amplifiers are for use only by the U.S. government or 
  military, or for export, but asserted that the amplifiers may 
  be ordered directly from Freewave's web page without 
  verification of the intended use of the product.  In addition, 
  MDS asserted that Freewave sells a complete line of cables 
  enabling the bilateral amplifier to adapt to any of the more 
  frequently used non-standard connectors.  MDS submitted that 
  it would seem likely that the amplifiers have been placed in 
  service in the U.S. by non-government, non-military end users.  
11.   In response, Freewave asserted that this allegation is 
  false.  Freewave stated that it has never sold any product, 
  much less an amplifier, directly from its website.  Freewave 
  further stated that since Section 15.204 took effect in 1997, 
  it has sold amplifiers only to either military or export 
  customers and only after extensive vetting.  Freewave also 
  noted that the practice of selling adaptor cables is widely 
  used in the industry and is not regulated.
12.   Based on our review of the record and of Freewave's 
  website, we find no evidence that Freewave has marketed or is 
  marketing bilateral amplifiers to the general public in 
  violation of Section 15.204 of the Rules.  We accordingly 
  conclude that MDS's unsubstantiated allegations do not warrant 
  further action.  
13.   ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 
  and 0.311 of the Rules,8 MDS's informal request for Commission 
  action is dismissed to the extent indicated herein and is 
  otherwise denied.
14.  IT IS FURTHER ORDERED that a copy of this Order be sent via 
  first class mail and certified mail, return receipt requested, 
  to counsel for MDS, Wayne V. Black, Esq., Keller and Heckman 
  LLP, 1001 G Street, N.W., Suite 500 West, Washington, DC, 
  20001, and to counsel for Freewave, Henry Goldberg, Esq. and 
  Joseph A. Godles, Esq., Goldberg, Godles, Wiener & Wright, 
  1229 Nineteenth Street, N.W., Washington, D.C. 20036.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Joseph P. Casey
                              Chief,     Spectrum     Enforcement 
Division
                              Enforcement Bureau
_________________________

1 47 C.F.R.  1.41.
2 47 C.F.R.  15.204(a).  Section 15.204(a) of the Rules provides 
``[e]xcept as otherwise described in paragraph (b) of this 
section, no person shall use, manufacture, sell or lease, offer 
for sale or lease (including advertising for sale or lease), or 
import, ship, or distribute for the purpose of selling or 
leasing, any external radio frequency power amplifier or 
amplifier kit intended for use with a Part 15 intentional 
radiator.''
3 Letter from Joseph P. Casey, Chief, Spectrum Enforcement 
Division, Enforcement Bureau, to Henry Goldberg, Esq. and Joseph 
A. Godles, Esq. (June 10, 2004).
4 Letter from Henry Goldberg, Esq. and Joseph A. Godles, Esq., 
Counsel for Freewave Technologies, Inc., to Kathy Berthot, Deputy 
Chief, Spectrum Enforcement Division, Enforcement Bureau (June 
24, 2004).
5 Because we conclude that  MDS's request for revocation is  moot 
with respect to these three equipment authorizations, we find  it 
unnecessary to detail or discuss herein the specific  allegations 
made  by  MDS  regarding  the  equipment  marketed  under   these 
authorizations.
6 47 C.F.R.  2.1043(b)(1).  
7 47 C.F.R.  15.203.  
8 47 C.F.R.  0.111 and 0.311.