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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

                                  June 2, 2011

   Via Certified Mail:

   Crucito Marrero

   dba CMARR

   POB  21377

   San Juan, PR 00928

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-11-SJ-0013

   Document Number: W201132680001

   In response to information provided by the Federal Aviation Administration
   ("FAA") that the Terminal Doppler Weather Radar ("TDWR") serving the San
   Juan International Airport had been receiving interference on or adjacent
   to the frequency 5.61 GHz, the Enforcement Bureau's San Juan Office ("San
   Juan Office") conducted an investigation in the San Juan area. On April
   28, 2011 and May 5, 2011, agents from the San Juan Office confirmed by
   direction finding techniques that radio emissions on the frequency 5.585
   GHz were emanating from the rooftop  of the City View Plaza Building in
   Guaynabo at 18-o 25' 1.22" N 66-o 6' 33.09" W, the location of two of your
   Unlicensed National Information Infrastructure ("U-NII") devices, Rocket
   M5s manufactured by Ubiquiti Networks, Inc. with FCC ID SWX-M5. On May 11,
   2011 and May 16, 2011, agents from the San Juan Office confirmed by
   direction finding techniques that radio emissions on the frequencies 
   5.625 GHz and 5635 GHz  were emanating from the rooftop  of the Cano Auto
   Parts building on Piniero Avenue in San Juan at 18-o 24' 9.45" N 66-o 5'
   20.03" W, the location of several  more of your  UNII devices of the same
   make and model. On May 18, 2011, you admitted that you (dba CMARR) own the
   UNII devices noted on the rooftops of the City View Plaza and Cano Auto
   Parts buildings and retuned different frequencies into the UNII devices
   prior to an inspection that day.

   Radio stations must be licensed by the FCC pursuant to section 301 of the
   Communications Act of 1934, as amended ("Act"). 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 FCC's rules ("Rules"). Operation of an
   intentional radiator, such as the Ubiquiti Rocket M5 device, not in
   accordance with the regulations in Part 15 of the Rules, requires a
   license pursuant to the provisions of Section 301 of the Act.
   Additionally, operation of an intentional radiator, such as the Ubiquiti
   Rocket M5 device, that is not in compliance with the administrative and
   technical provisions of Part 15, including prior FCC authorizations, is
   prohibited under section 302 of the Act.

   You operated Ubiquiti Rocket M5 devices on the frequencies 5.625 GHz,
   5.635 GHz, and 5.585 GHz. The Ubiquiti Rocket M5 with FCC ID SWX-M5 is not
   authorized for use in the 5.45 GHz through 5.725 GHz frequency band.
   Accordingly, you are not in compliance with the requirements of Part 15 of
   the Rules. Therefore, your operations must be licensed by the FCC. The FCC
   has no record of a license being issued to you to operate a transmitter on
   5.625 GHz, 5.635 GHz, or 5.585 GHz from these locations. Thus, these
   stations are operating in violation of section 301 of the Act.

   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. 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."

   You are hereby warned that operation of radio transmitting equipment
   without a valid radio station authorization, and/or operation of otherwise
   authorized equipment that causes 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.

   UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
   IMMEDIATELY.  USE OF NON-CERTIFIED PART 15 EQUIPMENT AT ANY OTHER SITE
   ALSO MUST BE DISCONTINUED. NONLICENSED OPERATION OF A U-NII 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 transmitters you are using are certified for use as Part
   15 U-NII devices and your transmitters  are not the source of the
   interference to the TDWR. 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, 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

   Joint OET and EB Memo dated July 27, 2010 regarding interference to
   Terminal Doppler Weather Radars

   47 U.S.C. S: 301.

   47 C.F.R. S:S: 15.1 et seq.

   See 47 C.F.R. 15.1(b).

   47 U.S.C. S: 302a.

   See 47 C.F.R. S: 15.1(c).

   47 U.S.C. S: 301.

   See 47 C.F.R. S:S: 15.5, 15.405.

   47 C.F.R. S: 15.3(m).

   See 47 U.S.C. S:S: 401, 501, 503 and 510.

   5 U.S.C. S: 552a(e)(3).