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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                Northeast Region

                            Chicago District Office

                     1550 North Northwest Highway, Room 306

                           Park Ridge, Illinois 60068

                                 (847) 813-4660

                               December 13, 2012

                           Via Certified Mail Return Receipt and Regular Mail

   HiPoint Technology Services Inc.

   Chicago, Illinois

                       NOTICE OF UNLICENSED OPERATION AND

                      NOTIFICATION OF HARMFUL INTERFERENCE

   Case Number: EB-FIELDNER-12-00005506

   Document Number: W201332320001

   On November 29, 2012, an agent from the Enforcement Bureau's Chicago
   Office responded to information provided by the Federal Aviation
   Administration (FAA) that the Terminal Doppler Weather Radar (TDWR) that
   serves the Chicago Midway airport had been receiving interference in the
   5600-5650 MHz band. The agent confirmed by direction finding techniques
   that radio emissions with a 40 MHz bandwidth centered on frequency 5620
   MHz were emanating from the rooftop of the Granville Beach Condominiums,
   6171 North Sheridan Road East, Chicago, Illinois, 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
   November 29, 2012, the agent contacted you and informed you of the
   interference problem. When the center frequency of your U-NII device was
   moved 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 Commission'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) and failure
   to operate such device consistent with its authorization violates Part 15
   of the Commission's rules.

   The Ubiquiti Rocket M5 device is not authorized for use on 5620 MHz.
   Accordingly, your operation of the Ubiquiti Rocket M5 device on frequency
   5620 MHz does not comply with the requirements of Part 15 of the
   Commission'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
   5620 MHz from 6171 North Sheridan Road East, Chicago, Illinois. 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
   5620 MHz was causing harmful interference to the TDWR at the Chicago
   Midway 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 5620 MHZ 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 Chicago Midway
   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.

   James M. Roop

   District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   According to its equipment authorization, the Ubiquiti Rocket M5 device,
   FCC ID SWX-M5, is authorized pursuant to Section 15.247 of the
   Commission's rules to operate only in the 5745 to 5825 MHz band.

   See 47 C.F.R. S: 15.247.