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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

                                January 16, 2013

   American Wireless Broadband via Certified Mail Return Receipt and Regular
   Mail

   Chicago, Illinois

                       NOTICE OF UNLICENSED OPERATION AND

                      NOTIFICATION OF HARMFUL INTERFERENCE

   Case Number: EB-FIELDNER-13-00006032

   Document Number: W201332320002

   On January 4, 2013, an agent from the Enforcement Bureau's Chicago Office
   responded to information provided by the Federal Aviation Administration
   (FAA) that the Terminal Doppler Weather Radars (TDWR) serving the Chicago
   O'Hare and Chicago Midway Airports have been receiving interference in the
   5600-5650 MHz band. The agent confirmed by direction finding techniques
   that radio emissions with a 20 MHz bandwidth centered on frequency 5620
   MHz were emanating from the rooftop of the Malibu East Condominiums, 6033
   North Sheridan Road, Chicago, Illinois, the location of one of American
   Wireless Broadband's Unlicensed National Information Infrastructure
   (U-NII) devices. The device had no external labels or identification. On
   January 4, 2013, the agent informed American Wireless Broadband about the
   interference problem and American Wireless Broadband identified the device
   as a DBii Networks F50N-PRO. When the center frequency of American
   Wireless Broadband's U-NII device was moved out of the TDWR operational
   band, the interference to both the O'Hare and the Midway TDWRs 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 DBii F50N-PRO device is not authorized for use on 5620 MHz.
   Accordingly, your operation of the DBii F50N-PRO 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
   6033 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 DBii device operating on 5620 MHz was
   causing harmful interference to the TDWR at the Chicago Midway Airport and
   the TDWR at the Chicago O'Hare 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 Notice, 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).

   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 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

   The DBii Networks F50N-PRO datasheet lists the FCC ID as VKV-F50N;
   however, no such ID was found in the FCC database. Two similar IDs were
   found: VKV-F50 and VKVF50. According to the VKV-F50 equipment
   authorization, the DBii device is authorized pursuant to Section 15.247 of
   the Commission's rules to operate only in the 5740 to 5825 MHz band.
   According to the VKVF50 equipment authorization, the DBii device is
   authorized to operate in the following bands: 4942.5 to 4987.5 MHz, 4945
   to 4985 MHz, 4950 to 4980 MHz, and 5740 to 5825 MHz. See 47 C.F.R. S:
   15.247.