******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                              South Central Region

                                Houston  Office

                             9597 Jones Road, #362

                               Houston, TX 77065

                                August 13, 2010

   Via Certified Mail: 7009 3410 0000 1986 8732

   NSN Wireless LP

   Houston, Texas

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-HU-0050

   Document Number: W201032540006

   On June 17, 2010, while investigating interference to the Federal Aviation
   Administration ("FAA") Terminal Doppler Weather Radar that serves the
   George Bush Intercontinental Airport, agents from the Houston Office met
   with several companies with radio transmitting equipment located on the
   rooftop of the San Felipe Plaza at 5847 San Felipe Road in Houston, TX,
   the source of the interfering signals. During an inspection of your
   Unlicensed National Information Infrastructure ("U-NII) equipment, the
   agents, accompanied by a NSN radio technician, observed that the dynamic
   frequency selection ("DFS") functionality of your equipment was disabled
   while operating on the frequencies 5.530 GHz and 5.540 GHz. The DFS
   functionality was enabled by one of your technicians during the FCC's
   inspection.

   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). U-NII devices are required to have DFS
   functionality enabled for any operation in the 5.25 GHz - 5.35 GHz and the
   5.47 GHz - 5.725 GHz bands. See 47 C.F.R. S: 15.407(h)(2). Accordingly,
   your operation on the frequencies 5.530 GHz and 5.540 GHz was not in
   compliance 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 5.530 GHz or 5.540 GHz from this
   location. Thus, your operation was in violation of 47 U.S.C. S: 301.

   You are hereby warned that operation of radio transmitting equipment
   without a valid radio station authorization  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 OF A U-NII DEVICE ON 5.530 GHz OR 5.540 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 concerning
   your operation of these Part 15 devices.  Please provide the makes and
   models of the U-NII devices in use by you on the rooftop of the San Felipe
   Plaza building rooftop on June 17, 2010. Your response should also
   describe the steps you are taking to ensure that your operation does not
   interfere with the TDWR that serves the  George Bush Intercontinental
   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.

   Be advised that this warning does not preclude this office from pursuing
   additional sanctions based upon our investigation of this incident.

   You may contact this office if you have any questions.

   Stephen P. Lee

   Resident Agent

   Houston Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended