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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

                                  787-766-5568

                                March 13th, 2012

   Via Certified Mail:

   The WIFI Store

   #240 Carretera 865

   Bo. Capanilla

   Toa Baja, PR 00949

                       NOTICE OF UNLICENSED OPERATION AND

                      NOTIFICATION OF HARMFUL INTERFERENCE

   Case Number: EB-FIELDSCR-12-00001097

   Document Number: W2012326832680001

   On March 5, 2012, 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 had 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 in the
   Capanillas Ward in the municipality of Toa Baja, Puerto Rico. An agent
   from this Office confirmed by direction finding techniques that radio
   emissions  centered on frequency 5.620 GHz were emanating from the
   building's roof  located at #240 on Carretera 865, the location of one of
   your Unlicensed National Information Infrastructure (U-NII) Ubiquity
   devices, model Rocket M5 with FCC ID SWX-M5 (Ubiquiti Rocket M5). On March
   6, 2012, an agent from the San Juan Office contacted you and informed you
   of the interference problem. When the center frequency of your U-NII
   device was moved off of 5620 MHz and out of the TDWR operational band, the
   interference to the TDWR ceased.

   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. Non-licensed 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 5.620
   GHz. Accordingly, your operation of the Ubiquiti Rocket M5 device on
   frequency 5.620 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
   5.620 GHz from #240 on Carretera 865. Thus, your operation was in
   violation of 47 U.S.C. S: 301.

   Non-licensed 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(c),
   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 Ubiquiti Rocket M5 device operating on
   5.620 MHz was causing harmful interference to the TDWR at the San Juan
   International Airport and that your operation of this device must not
   resume, 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).

   UNLICENSED OPERATION ON FREQUENCY 5.620 GHZ MUST NOT RESUME. NONLICENSED
   OPERATION OF A U-NII DEVICE MAY NOT RESUME UNLESS YOU ARE IN FULL
   COMPLIANCE WITH PART 15 OF THE FCC'S RULES AND UNTIL YOU RESOLVE THE
   HARMFUL INTERFERENCE.

   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 describe the steps you are planning to take
   to eliminate future interference to the TDWR of the San Juan International
   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 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

   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.