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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
July 20, 2010
Via Certified Mail:
Sling Broadband, LLC
Miami, Florida
NOTICE OF UNLICENSED OPERATION AND
NOTIFICATION OF HARMFUL INTERFERENCE
Case Number: EB-10-MA-0111
Document Number: W201032600061
On June 9, 2010, in response to a complaint from the Federal Aviation
Administration ("FAA"), agents from the Enforcement Bureau's Miami Office
confirmed by direction finding techniques that radio emissions on
frequency 5.650 GHz were emanating from a radio transmitter device located
on antenna structure #1028046 in Miami, Florida. These transmissions were
interfering with the FAA's Terminal Doppler Weather Radar ("TDWR") serving
the Fort Lauderdale-Hollywood International Airport. The device in use was
the Rocket M5 model manufactured by Ubiquiti Networks with FCC ID SWX-M5
("Ubiquiti Rocket M5"). On June 11, 2010, an agent contacted your CTO
(Managing Partner) about your transmissions on 5.650 GHz. The agent
confirmed that the interference to the TDWR ceased when your Ubiquiti
Rocket M5 device was tuned to a different frequency.
Radio stations must be licensed by the Federal Communications Commission
("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, 47 C.F.R. S:S: 15.1 et seq. 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 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 Ubiquiti Rocket M5 device is not authorized for use on frequency 5.650
GHz. Accordingly, your operation of the Ubiquiti Rocket M5 device on
frequency 5.650 GHz does not comply with the requirements of Part 15 of
the FCC'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
5.650 GHz from your location. Thus, your operation was in violation of 47
U.S.C. S: 301.
Nonlicensed operation of a radio transmitter 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:
15.5. 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." See 47 C.F.R. S: 15.3(m).
You are hereby notified that the Ubiquiti Rocket M5 device operating on
5.650 GHz was causing harmful interference to the TDWR that serves the
Fort Lauderdale-Hollywood International Airport.
You are also hereby warned that operation of radio transmitting equipment
without a valid radio station authorization, including the use of
certified equipment on unauthorized frequencies, 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 ON FREQUENCY 5.650 GHz MUST NOT RESUME. NONLICENSED
OPERATION OF A PART 15 DEVICE MAY NOT RESUME UNLESS YOU ARE IN FULL
COMPLIANCE WITH PART 15 OF THE FCC'S RULES.
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 device to operate on 5.650 GHz. Your response should also describe the
steps you are taking to ensure that your operation does not interfere with
the TDWR that serves the Fort Lauderdale-Hollywood International Airport,
as well as any TDWR serving any other 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 FCC'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.
Stephanie Dabkowski
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
According to its equipment authorization, FCC ID SWX-M5, the Ubiquiti
Rocket M5 device is authorized pursuant to Section 15.247 of the FCC's
Rules to operate only in the 5745 to 5825 MHz band. See 47 C.F.R. S:
15.247.
On June 11, 2010, your CTO (Managing Partner) admitted that the dynamic
frequency selection ("DFS") functionality on your Ubiquiti Rocket M5
device was disabled. If the Ubiquiti Rocket M5 had been authorized as an
Unlicensed National Information Infrastructure (U-NII) device to operate
on frequency 5.650 GHz, DFS would have been required to be employed. See
47 C.F.R. S: 15.407(h)(2). Thus, even if the Ubiquiti Rocket M5 device had
been certified as a U-NII device, your operation would not have been in
compliance with Part 15 of the Rules.