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                               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


   San Juan, PR 00927-0013


   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).


   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


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", July 2003