Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
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 8701
Wireless Metro LLC
Houston, Texas
NOTICE OF UNLICENSED OPERATION AND
NOTIFICATION OF HARMFUL INTERFERENCE
Case Number: EB-10-HU-0049
Document Number: W201032540005
On June 15, 2010, in response to complaints of interference from the
Federal Aviation Administration ("FAA"), agents from the Enforcement
Bureau's Houston Office confirmed by direction finding techniques that
radio emissions on the frequencies 5.620 GHz and 5.660 GHz were emanating
from the roof of the San Felipe Plaza building located at 5847 San Felipe
Road in Houston, Texas. These transmissions were interfering with the
FAA's Terminal Doppler Weather Radar ("TDWR") serving the George Bush
Intercontinental and William P. Hobby Airports. On June 16, 2010, after
receiving contact information from the owner of the San Felipe Plaza
building, agents from the Houston Office met with representatives of
Wireless Metro, including your President/COO, on the rooftop of the San
Felipe Plaza building to determine whether your operation caused the
interference to the TDWR. The agents confirmed that interference to the
TDWR ceased when your equipment was tuned to different frequencies.
Additionally, during the inspection of your equipment, the agents observed
that the dynamic frequency selection ("DFS") functionality on your
equipment was disabled while operating on the frequencies 5.560GHz and
5.660 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). Unlicensed National Information
Infrastructure ("U-NII) devices are required to have DFS functionality
enabled for any operation in the 5.250 GHz - 5.350 GHz and the 5.470 GHz -
5.725 GHz bands. See 47 C.F.R. S: 15.407(h)(2). Accordingly, your
operation on the frequencies 5.560 GHz and 5.660 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 5.560 GHz or 5.660 GHz from this 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 your device operating on 5.620 GHz was
causing harmful interference to the TDWR that serves the George Bush
Intercontinental Airport. Additionally, you are hereby notified that your
device operating on 5.660 GHz was causing harmful interference to the TDWR
that serves the William P. Hobby Airport.
You are also hereby warned that operation of radio transmitting equipment
without a valid radio station authorization 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 OF A U-NII DEVICE ON 5.560 GHz OR 5.660 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 16, 2010. Your response should also
describe the steps you are taking to ensure that your operation does not
interfere with the TDWRs that serve the George Bush Intercontinental and
William P. Hobby Airports, 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