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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:
Aeronet Wireless Broadband
POB270013
San Juan, PR 00927-0013
NOTIFICATION OF HARMFUL INTERFERENCE
Case Number: EB-09-SJ-0014
Document Number: W200932680002
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 5.64 GHz were emanating from the building's roof on the east
side, the location of one of your unlicensed National Information
Infrastructure (U-NII) Motorola Canopy devices, model # 5400BH20. There
was no FCC Id listed on the model's label. Still on March 11, 2009, the
agents contacted you and conducted tests with your cooperation. When your
U-NII device center frequency was moved forty (40) MHz from the TDWR
center frequency, the interference to the TDWR ceased. The agents observed
that you were operating your U-NII device with a reflector antenna.
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). An
intentional radiator may be operated only with the antenna with which it
is authorized. 47 C.F.R. S: 15.204(c)
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 notified that your U-NII device operating on 5.64 MHz is
causing harmful interference to the TDWR at San Juan International Airport
and that your operation of this device must cease, 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. S:S: 401, 501, 503 and 510).
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 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