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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                          
                                                                 
     In the Matter of                 )                          
                                          File No. EB-07-SE-060  
     Global Microwave Systems, Inc.   )                          
                                                                 
                                      )                          


                          MEMORANDUM OPINION AND ORDER

   Adopted: March 6, 2008 Released: March 7, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order, we admonish Global Microwave
       Systems, Inc. ("GMS") for marketing in the United States unauthorized
       radio frequency devices, specifically, uncertified 4.9 GHz
       aeronautical transmitting equipment ("4.9 GHz equipment"), in
       violation of Section 302(b) of the Communications Act of 1934, as
       amended ("Act"), and Sections 2.803(a)(1) and 90.203 of the
       Commission's rules ("rules").

   II. BACKGROUND

    2. GMS manufactures and markets microwave radio systems and other
       devices. On January 10, 2007, the Commission's Office of Engineering
       and Technology ("OET") sent a letter to GMS in response to allegations
       that it may be manufacturing and marketing uncertified 4.9 GHz
       equipment. In its response to OET's letter, GMS acknowledged that it
       sold a 4.9 GHz band device to a municipality to be used for aerial
       video coverage. OET referred this matter to the Spectrum Enforcement
       Division ("Division") of the Enforcement Bureau for investigation. In
       August 2007, the Division issued a letter of inquiry ("LOI") to GMS.
       On September 5, 2007, GMS submitted a response to the LOI
       acknowledging that it had sold one microwave radio system for use in
       an aeronautical application capable of operation in the 4.9 GHz band.
       Specifically, GMS stated that it had sold one microwave radio system
       to a municipality in December 2005, after receiving verification from
       the municipality that it had obtained a license authorizing its
       aeronautical operation in the 4.9 GHz band. GMS admitted that its
       product was not authorized in accordance with the Commission's
       certification process.

   III. DISCUSSION

    3. Section 302(b) of the Act provides that "[n]o person shall
       manufacture, import, sell, offer for sale, or ship devices or home
       electronic equipment and systems, or use devices, which fail to comply
       with regulations promulgated pursuant to this section." Section
       2.803(a)(1) of the Commission's rules provides that:

   no person shall sell or lease, or offer for sale or lease (including
   advertising for sale or lease), or import, ship, or distribute for the
   purpose of selling or leasing or offering for sale or lease, any radio
   frequency device unless ... [i]n the case of a device subject to
   certification, such device has been authorized by the Commission in
   accordance with the rules in this chapter and is properly identified and
   labeled as required by S: 2.925 and other relevant sections in this
   chapter.

   In addition, Section 90.203 of the Rules provides in pertinent part that
   "... each transmitter utilized for operation under this part and each
   transmitter marketed as set forth in S: 2.803 of this chapter must be of a
   type which has been certificated for use under this part."

    4. GMS admitted that its microwave radio system is not certified for use
       in an aeronautical application in the 4.9 GHz band. GMS also admitted
       that it sold one of these systems in December 2005. Although GMS
       asserts that the municipality told GMS that it had a license
       authorizing its aeronautical operation in the 4.9 GHz band, the fact
       that it believed that the municipality had a license to operate the
       equipment does not obviate the need for GMS to obtain an equipment
       certification prior to marketing the equipment. As noted above,
       Section 90.203 provides that each transmitter utilized for licensed
       Part 90 operations must be certified. Accordingly, it appears that GMS
       has violated Section 302(b) of the Act and Sections 2.803(a)(1) and
       90.203 of the rules by marketing uncertified 4.9 GHz equipment.

    5. Although we believe that a monetary forfeiture would be warranted for
       this violation, there is no evidence in the record that GMS marketed
       these devices after 2005. The statute of limitations for issuing a
       Notice of Apparent Liability for Forfeiture in this case is one year
       from the date of violation. Accordingly, based upon our review of the
       facts and circumstances in this case, and because we are barred by the
       one-year statute of limitations from issuing a Notice of Apparent
       Liability for Forfeiture, we admonish GMS for marketing uncertified
       equipment in violation of Section 302(b) of the Act and Sections
       2.803(a)(1) and 90.203 of the rules. Finally, we caution GMS that
       future violations may result in additional enforcement action,
       including monetary forfeitures.

   IV. ORDERING CLAUSES

   6. Accordingly, IT IS ORDERED that Global Microwave Systems, Inc. IS
   ADMONISHED for marketing uncertified radio frequency devices in violation
   of Section 302(b) of the Act and Sections 2.803(a)(1) and 90.203 of the
   Rules.

   7. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order
   shall be sent by Certified Mail, Return Receipt Requested, to Sam Nasiri,
   President, Global Microwave Systems, Inc., 1916 Palomar Oaks Way Suit 100,
   Carlsbad, CA 92008-5523.

   FEDERAL COMMUNICATIONS COMMISION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S: 302a(b).

   47 C.F.R. S:S: 2.803(a)(1), 90.203.

   Letter from Ray LaForge, Chief, Auditing and Compliance Branch, Office of
   Engineering and Technology, to Global Microwave Systems, Inc. (January 10,
   2007).

   Letter from Sam Nasiri, President, Global Microwave Systems, Inc, to Ray
   LaForge, Chief, Auditing and Compliance Branch, Office of Engineering and
   Technology (February 6, 2007).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Sam Nasiri,
   President, Global Microwave Systems, Inc. (August 7, 2007) ("LOI").

   See Letter from Sam Nasiri, President, to Brett Greenwalt, Spectrum
   Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (September 5, 2007), at 1 ("LOI Response").

   Although Section 90.1205(c) of the Rules, 47 C.F.R. S: 90.1205(c),
   prohibits aeronautical operation in the 4.9 GHz band, the Wireless
   Telecommunications Bureau has granted waivers to licensees to use this
   band for aeronautical use subject to certain conditions. See e.g., File
   No. 0003100761 (granted November 4, 2003).

   LOI response at 1.

   Id.

   GMS indicated that it subsequently learned that the municipality is not
   using the system because it was not able to obtain a license to operate in
   the 4.9 GHz band. Id

   See 47 U.S.C. S: 503(b)(6); 47 C.F.R. S: 1.80(c)(3).

   Federal Communications Commission DA 08-528

   2

   Federal Communications Commission DA 08-528