Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of: )
)
Freewave Technologies, Inc. ) File No. EB-02-TS-581
)
Grantee of Equipment )
Authorizations, FCC ID#s KNY-DGR-115, )
KNY-205-108213, KNY-1931852313419 )
and KNY-21161341911919 )
ORDER
Adopted: August 31, 2004 Released: September 2,
2004
By the Chief, Spectrum Enforcement Division:
I. Introduction
1. In this Order, we address an informal request for Commission
action filed pursuant to Section 1.41 of the Commission's
Rules (``Rules'')1 by Microwave Data Systems, Inc. (``MDS''),
which requests revocation of the above-captioned equipment
authorizations for Part 15 spread spectrum transmitters held
by Freewave Technologies, Inc. (``Freewave''). For the
reasons discussed below, we dismiss in part and deny in part
MDS's request.
II. Background
2. On July 31, 1996, an equipment certification for a Part 15
spread spectrum transmitter with FCC ID# KNY-DGR-115 was
granted to Freewave. On August 15, 1996, an equipment
certification for a Part 15 spread spectrum transmitter with
FCC ID# KNY-205-108213 was granted to Freewave. On January 9,
2001, an equipment certification for a Part 15 spread spectrum
transmitter with FCC ID# KNY-1931852313419 was granted to
FreeWave. On August 2, 2001, an equipment certification for a
Part 15 spread spectrum transmitter with FCC ID#
KNY21161341911919 was granted to FreeWave.
3. On May 31, 2002, MDS filed an informal request for
Commission action pursuant to Section 1.41 of the Rules which
requested revocation of these four equipment authorizations
held by Freewave. In its request, MDS asserted that Freewave
``has demonstrated a clear pattern of non-compliance with the
FCC's rules'' by marketing equipment under FCC ID#s KNY-DGR-
115, KNY-205-108213, KNY-1931852313419 and KNY21161341911919
that does not comply with the terms of these equipment
authorizations. In support of this assertion, MDS made
numerous specific allegations with respect to equipment
marketed under each of the four FCC Identifiers. MDS also
alleged that Freewave is marketing non-compliant and
unauthorized bilateral amplifiers to the general public in
violation of Section 15.204(a) of the Rules.2
4. On June 20, 2002, Freewave filed a motion to dismiss MDS's
request. In its motion, Freewave asserted that the
allegations raised by MDS are without merit.
5. Subsequently, the FCC's Office of Engineering and Technology
referred the matter to the Enforcement Bureau for
investigation. On June 10, 2004, the Spectrum Enforcement
Division of the Enforcement Bureau issued a letter of inquiry
(``LOI'') to Freewave.3 Freewave submitted its response on
June 24, 2004.4
III. Discussion
FCC ID#s KNY-205-108213, KNY-1931852313419 and
KNY21161341911919
6. In its response to our LOI, Freewave indicated that it has
ceased manufacturing and selling equipment under three of the
four FCC Identifiers at issue. Specifically, Freewave stated
that it last manufactured or sold equipment under FCC ID# KNY-
205-108213 on October 1, 1998, and under FCC ID#s KNY-
1931852313419 and KNY21161341911919 on April 7, 2003. Given
that Freewave is no longer manufacturing and selling equipment
under these three FCC Identifiers and apparently has no plans
to resume manufacturing and selling equipment under these FCC
Identifiers, we find that MDS's request for revocation of
these equipment authorizations is moot at this time.
Accordingly, we dismiss without prejudice its informal request
for Commission action seeking revocation of these three
authorizations.5
FCC ID # KNY-DGR-115
7. MDS alleged in its request for revocation that the
``Professional Radio Series'' Model DGR-115H product marketed
by Freewave under FCC ID# KNY-DGR-115 does not comply with the
authorization. Specifically, MDS asserted that the Model DGR-
115H has a straight SMA connector advertised to produce a 1
watt output, has an RS-232 interface through a standard DB-9
indicating no reference to shielding connected directly to a
computer, does not include a power supply incorporating a
ferrite core for filtering or provide documentation to the
customer concerning the requirement to add a ferrite core, and
does not have a permanently attached antenna.
8. In its motion to dismiss, Freewave stated that it has always
sold the DGR-115H in the U.S. with the non-standard SMA
connector. Freewave also noted that the DGR-115H pictured in
an exhibit to MDS's request has the correct non-standard
connector on it and that the data sheet provided by MDS in
another exhibit explicitly states ``Non-standard SMA
connector.'' Freewave further stated that it satisfied the
requirements for shielded data and power supply connectors in
the DGR-115H by incorporating them internally within the metal
enclosure, which was a Class I permissive change under Section
2.1043(b)(1) of the Rules.6 Freewave asserted that because of
this permissive change, no additional ferrite was needed by
the customer. Moreover, Freewave asserted that it has always
included the power supply with the DGR-115H. Finally,
Freewave stated that it has always sold the DGR-115H with a
unique connector in compliance with Section 15.203 of the
Rules,7 which provides that intentional radiators must have
either a permanently attached antenna or a unique coupling.
9. After reviewing the record, we find no basis for initiation
of proceedings to revoke Freewave's equipment authorization,
FCC ID# KNY-DGR-115. In this regard, we believe that Freewave
has refuted each of MDS's allegations that Freewave is
marketing non-compliant equipment under this authorization.
Accordingly, we deny MDS's informal request for Commission
action seeking revocation of FCC ID# KNY-DGR-115.
Bilateral Amplifiers
10. MDS also alleged that Freewave sells bilateral amplifiers to
the general public in violation of Section 15.204(a) of the
Rules. MDS acknowledged that Freewave states that the
amplifiers are for use only by the U.S. government or
military, or for export, but asserted that the amplifiers may
be ordered directly from Freewave's web page without
verification of the intended use of the product. In addition,
MDS asserted that Freewave sells a complete line of cables
enabling the bilateral amplifier to adapt to any of the more
frequently used non-standard connectors. MDS submitted that
it would seem likely that the amplifiers have been placed in
service in the U.S. by non-government, non-military end users.
11. In response, Freewave asserted that this allegation is
false. Freewave stated that it has never sold any product,
much less an amplifier, directly from its website. Freewave
further stated that since Section 15.204 took effect in 1997,
it has sold amplifiers only to either military or export
customers and only after extensive vetting. Freewave also
noted that the practice of selling adaptor cables is widely
used in the industry and is not regulated.
12. Based on our review of the record and of Freewave's
website, we find no evidence that Freewave has marketed or is
marketing bilateral amplifiers to the general public in
violation of Section 15.204 of the Rules. We accordingly
conclude that MDS's unsubstantiated allegations do not warrant
further action.
13. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111
and 0.311 of the Rules,8 MDS's informal request for Commission
action is dismissed to the extent indicated herein and is
otherwise denied.
14. IT IS FURTHER ORDERED that a copy of this Order be sent via
first class mail and certified mail, return receipt requested,
to counsel for MDS, Wayne V. Black, Esq., Keller and Heckman
LLP, 1001 G Street, N.W., Suite 500 West, Washington, DC,
20001, and to counsel for Freewave, Henry Goldberg, Esq. and
Joseph A. Godles, Esq., Goldberg, Godles, Wiener & Wright,
1229 Nineteenth Street, N.W., Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.41.
2 47 C.F.R. § 15.204(a). Section 15.204(a) of the Rules provides
``[e]xcept as otherwise described in paragraph (b) of this
section, no person shall use, manufacture, sell or lease, offer
for sale or lease (including advertising for sale or lease), or
import, ship, or distribute for the purpose of selling or
leasing, any external radio frequency power amplifier or
amplifier kit intended for use with a Part 15 intentional
radiator.''
3 Letter from Joseph P. Casey, Chief, Spectrum Enforcement
Division, Enforcement Bureau, to Henry Goldberg, Esq. and Joseph
A. Godles, Esq. (June 10, 2004).
4 Letter from Henry Goldberg, Esq. and Joseph A. Godles, Esq.,
Counsel for Freewave Technologies, Inc., to Kathy Berthot, Deputy
Chief, Spectrum Enforcement Division, Enforcement Bureau (June
24, 2004).
5 Because we conclude that MDS's request for revocation is moot
with respect to these three equipment authorizations, we find it
unnecessary to detail or discuss herein the specific allegations
made by MDS regarding the equipment marketed under these
authorizations.
6 47 C.F.R. § 2.1043(b)(1).
7 47 C.F.R. § 15.203.
8 47 C.F.R. §§ 0.111 and 0.311.