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                       FEDERAL COMMUNICATIONS COMMISSION
                              ENFORCEMENT BUREAU
                                  Region Two

                                 Dallas Office
                         9330 LBJ Freeway, Suite 1170
                             Dallas, Texas, 75243

                              September 16, 2016


Airosurf Communications, Inc.
Edmond, Oklahoma


                      NOTICE OF UNLICENSED OPERATION AND
                     NOTIFICATION OF HARMFUL INTERFERENCE


					  Case Number:
					  EB-FIELDSCR-16-00021995
	Document Number:  W201632500011


The Dallas Office, in response to information received from Station
KWTV that their Terminal Doppler Weather Radar (TDWR) serving the
Oklahoma City area was receiving interference on or adjacent to 5540
MHz, conducted an investigation in the area. On August 8, 2016, agents
from the Dallas Office, in conjunction with the KWTV engineer, monitored
radio transmissions centered on the frequency 5540 MHz in Oklahoma City,
Oklahoma. These transmissions were found to be associated with a MikroTik
Unlicensed National Information Infrastructure (U-NII) device owned
by Airosurf.  The device had FCC ID: TV7RB912G-5HPND, and was located
on the Sooner Tower (35°45'32.90"N, 97°25'27.40"W​). During the
investigation, agents found that the device was configured in auto mode
frequency band with Nicaragua as the operation country code instead of
United States country code, with the Dynamic Frequency Selection (DFS)
option off. When Airosurf personnel changed the operating frequency and
the country code (United States), the interference to the TDWR ceased.

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. §
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. § 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. § 15.201(b)
and failure to operate such device consistent with its authorization
violates Part 15 of the Commission's rules.

The MikroTik, RB912G-5HPHD devices are not authorized for use in
the TDWR band without DFS nor are they authorized in point-to-point
operation with high gain antennas in the TDWR operational band.
Accordingly, your operation of the MiKroTik, RB912G-5HPHD device on or
adjacent to frequency 5540 MHz 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 or adjacent to 5540 MHz on the Sooner Tower
(35°45'32.90"N, 97°25'27.40"W​). Thus, your operation was in violation
of 47 U.S.C. § 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. §§ 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. § 15.3(m).


You are hereby notified that your MiKroTik, RB912G-5HPHD device operating
on or adjacent to 5540 MHz was causing harmful interference to the KWTV
TDWR in Oklahoma City, Oklahoma and that your operation of this device
must not resume until the interference can be resolved.  You are also
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. §§ 401, 501, 503 and 510.)


UNLICENSED OPERATION ON OR ADJACENT TO FREQUENCY 5540 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 KWTV TDWR in Oklahoma
City, Oklahoma.  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. § 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.




Ronald Ramage
Regional Director


Attachments:
	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet", March 2005
      Joint OET and EB Memo dated July 27, 2010 regarding interference
      to Terminal Doppler Weather Radars