FCC Web Documents citing 15.407

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • the Commission's Rules (``Rules''). The noted apparent violations involve Proxim's marketing of non-compliant wireless access points. II. BACKGROUND The Commission received a report from the National Telecommunication and Information Administration (``NTIA'') indicating that Proxim's ORiNICO AP-4000 wireless access point (``AP-4000''), an unlicensed National Information Infrastructure (``U-NII'') device operating in the frequency band 5.250-5.350 GHz, is not in compliance with Section 15.407(h)(2) of the Rules. Section 15.407(h)(2) requires U-NII devices operating in that frequency range to employ a Dynamic Frequency Selection (``DFS'') radar mechanism to detect the presence of radar systems and avoid co-channel operation with radar systems. Following receipt of the report from the NTIA, the FCC's Office of Engineering and Technology (``OET'') examined an additional Proxim wireless access point, the
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  • the emission limit of Section 15.239(b) of the Rules) (``Power 7''); see also Proxim Wireless Corporation, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1145, 1146-49 �� 5-12 (Spectrum Enf. Div., Enf. Bur. 2009) (proposing a $7,000 forfeiture against manufacturer for marketing a wireless access point that OET tests confirmed did not comply with radar detection requirement of Section 15.407(h)(2) of the Rules) (``Proxim''); Ikusi-Angel Iglesias, S.A.., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 15560, 15561-63 �� 4-10 (Spectrum Enf. Div., Enf. Bur. 2004) (proposing a $7,000 forfeiture against a manufacturer for marketing a remote control transmitter that OET tests determined, and the manufacturer acknowledged, did not comply with the timing requirement of Section 15.231(a) of the Rules,
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  • of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Ayustar Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. �� 15.1(b), 15.407. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032680001 (Enf. Bur., San Juan Office, November 12, 2009) (``NAL''). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(E). 47 U.S.C. � 301. See 47 C.F.R. �� 15.1 et seq. 47 C.F.R. � 15.1(b). See 47 C.F.R. � 15.401 et seq. Moreover, assuming arguendo that Ayustar's transmitters were not
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  • Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Motorola, Inc. (``Motorola''). The Consent Decree terminates an investigation by the Bureau against Motorola for possible violations of Section 302(b) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 302a(b), and Sections 2.803(a), 2.926(e), 15.37(l), and 15.407(h) of the Commission's Rules (``Rules''), 47 C.F.R. �� 2.803(a), 2.926(e), 15.37(l), and 15.407(h), regarding the marketing and labeling of Unlicensed National Information Infrastructure (U-NII) devices. The Bureau and Motorola have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-618A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-618A1.pdf
  • No. EB-09-SE-065 Acct. No. 201032100025 FRN No. 0009320326 CONSENT DECREE The Enforcement Bureau (``Bureau'') and Airspan Networks (Israel), Ltd. (``Airspan''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation of Airspan for possible violations of Section 302(b) of the Communications Act of 1934, as amended (``Act''), and Sections 2.803, 2.925, and 15.407(h)(2) of the Commission's Rules (``Rules'') regarding the marketing and selling of unlicensed National Information Infrastructure (``U-NII'') devices. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order of the Bureau adopting the terms of this Consent
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  • 2010 Released: April 26, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Axxcelera Broadband Wireless, Inc. (``Axxcelera''). The Consent Decree terminates the Bureau's investigation into Axxcelera's possible violations of Section 302(b) the Communications Act of 1934, as amended, and Sections 2.803(a)(1) and 15.407(h)(2) of the Commission's Rules, regarding the marketing of unlicensed National Information Infrastructure (``U-NII'') devices. The Bureau and Axxcelera have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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  • that is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. As discussed above, Rapidwave operated its Ubiquiti XtremeRange5 transceiver on a frequency not authorized under the transceiver's FCC Equipment Authorization and with no functioning DFS radar detection mechanism as required under section 15.407(h)(2) of the Rules. Accordingly, Rapidwave apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Rapidwave may have operated its Ubiquiti
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  • submitted. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Sling Broadband, LLC at 2700 N. State Road 7, Hollywood, FL 33021. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. � 15.407. 47 C.F.R. � 15.1(b). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. 47 C.F.R. � 15.5 Id. 47 C.F.R. � 15.1(b). (last visited Jan. 26, 2011). The collocation agreement referenced
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  • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. Ayustar operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that Ayustar apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. Pursuant to the Commission's Forfeiture Policy Statement and
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  • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Insight Consulting Group of Kansas City, LLC, 600 E. Admiral Blvd., Suite 1201, Kansas City, MO 64106. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. � 15.407. 47 C.F.R. � 15.1(b). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. 47 C.F.R. � 15.5. 47 C.F.R. � 15.1(b). (last visited Jan. 26, 2011). Agents from the Kansas City
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  • a manner that is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. As discussed above, Utah Broadband operated its Ubiquiti XtremeRange5 transceivers on frequencies not authorized under the transceivers' FCC Equipment Authorization and with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules disabled. Accordingly, Utah Broadband apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Utah Broadband may have
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  • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. AT&T operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that AT&T apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. Pursuant to the Commission's Forfeiture Policy Statement and
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  • of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Argos Net, Inc., Oficina #212, Calle Acosta #32, Caguas, PR, 00725. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. � 15.407. 47 C.F.R. � 15.1(b). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. 47 C.F.R. � 15.5. 47 C.F.R. � 15.1(b). (last visited Jan. 26, 2011). Agents from the San Juan
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  • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to VPNet, Inc. at POB 193780, San Juan, PR 00919. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. �� 301, 302a(b); see also 47 C.F.R. � 15.407. 47 C.F.R. �� 15.1(b), (c). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. See 47 C.F.R. � 15.1(c). Section 15.201(b) of the Rules provides that all intentional radiators operating under
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  • and not as a separate product. (1) An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to �15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to �15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
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  • ``clarify that point-to-point and point-to-multipoint fixed links in the 4.9 GHz public safety networks are co-primary with mobile links'' and ``grant primary status to fixed links connecting public safety networks with each other using the 4940-4990 MHz band.'' Second, M/A-COM proposes to add ``a new Section 90.1215(d)'' thereby updating this section ``consistent with changes the Commission ... made to Section 15.407(a) of its rules'' (i.e., reflecting the same revised measurement procedures adopted by the Commission for devices that use digital modulation techniques regulated by Part 15). Primary Status to Certain Fixed Links. Section 90.1207 currently provides 4.9 GHz licensees with authority to ``operate base and mobile units (including portable and handheld units) and operate temporary (1 year or less) fixed stations,''
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  • of the 100 sweeps of averaging and that the interval between pulses is not included in any of the sweeps (e.g., 100 sweeps should occur during one transmission, or each sweep gated to occur during a transmission). * When the emission bandwidth is less than 1 MHz, use a measurement bandwidth equal to the emission bandwidth, in accordance with Section 15.407(a)5. * It is permissible to use a resolution bandwidth less than the measurement bandwidth provided the measured power is integrated to show total power over the measurement bandwidth. The integration can be performed using the spectrum analyzer's band power measurement function with band limits set equal to the measurement band edges or by summing power levels in each band in
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  • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to �15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to �15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
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  • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to �15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to �15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. The ``certificates'' submitted by OvisLink are labeled as DOC test reports. External radio frequency power amplifiers are intentional radiators subject to certification rather than DOC authorization procedures. Furthermore, our review of
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  • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to �15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to �15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
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  • that U-NII devices are not required to detect and avoid frequency hopping radar signals. Globespan further requests that if it was the intent of the Commission to include frequency hopping radars in the DFS requirements, the Commission should specify a measurement procedure for this requirement. Wi-Fi Alliance seeks clarification, in part, of the channel availability check time requirement in section 15.407(h)(2)(ii). Finally, Extreme Networks seeks clarification of the definition of a U-NII central controller that must include DFS capability. OET notes that these petitions for reconsideration raise issues regarding DFS compliance and measurement procedures that are addressed in the Project Team's revised procedures. Therefore, in order to refresh the record, we seek additional comment on the DFS issues raised in the
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  • Public notice that the Applications had been accepted for filing was given on October 4, 2006. Wireless Telecommunications Bureau Site-By-Site Accepted for Filing, Report No. 2870, Public Notice (rel. Oct. 4, 2006) at 5-6. See supra note 3. PTD at 1-2. Id. at 2. Id. NAL at � 14. See 47 U.S.C. � 301; see also 47 C.F.R. �� 15.1(b), 15.407. 47 U.S.C. � 503(b). 47 C.F.R. � 1.939(d). PTD at 2. . Cingular--AT&T Wireless Order, 19 FCC Rcd at 21548 � 47. Fox River Broadcasting, Inc., Memorandum Opinion and Order, 93 FCC 2d 127, 129 � 6 (1983). We reserve the right to revisit this conclusion in the future in the appropriate context if additional evidence of rule violations comes
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  • the emission limit of Section 15.239(b) of the Rules) (``Power 7''); see also Proxim Wireless Corporation, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1145, 1146-49 �� 5-12 (Spectrum Enf. Div., Enf. Bur. 2009) (proposing a $7,000 forfeiture against manufacturer for marketing a wireless access point that OET tests confirmed did not comply with radar detection requirement of Section 15.407(h)(2) of the Rules) (``Proxim''); Ikusi-Angel Iglesias, S.A.., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 15560, 15561-63 �� 4-10 (Spectrum Enf. Div., Enf. Bur. 2004) (proposing a $7,000 forfeiture against a manufacturer for marketing a remote control transmitter that OET tests determined, and the manufacturer acknowledged, did not comply with the timing requirement of Section 15.231(a) of the Rules,
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  • of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Ayustar Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. �� 15.1(b), 15.407. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032680001 (Enf. Bur., San Juan Office, November 12, 2009) (``NAL''). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(E). 47 U.S.C. � 301. See 47 C.F.R. �� 15.1 et seq. 47 C.F.R. � 15.1(b). See 47 C.F.R. � 15.401 et seq. Moreover, assuming arguendo that Ayustar's transmitters were not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-616A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-616A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-616A1.txt
  • Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Motorola, Inc. (``Motorola''). The Consent Decree terminates an investigation by the Bureau against Motorola for possible violations of Section 302(b) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 302a(b), and Sections 2.803(a), 2.926(e), 15.37(l), and 15.407(h) of the Commission's Rules (``Rules''), 47 C.F.R. �� 2.803(a), 2.926(e), 15.37(l), and 15.407(h), regarding the marketing and labeling of Unlicensed National Information Infrastructure (U-NII) devices. The Bureau and Motorola have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-618A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-618A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-618A1.txt
  • No. EB-09-SE-065 Acct. No. 201032100025 FRN No. 0009320326 CONSENT DECREE The Enforcement Bureau (``Bureau'') and Airspan Networks (Israel), Ltd. (``Airspan''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation of Airspan for possible violations of Section 302(b) of the Communications Act of 1934, as amended (``Act''), and Sections 2.803, 2.925, and 15.407(h)(2) of the Commission's Rules (``Rules'') regarding the marketing and selling of unlicensed National Information Infrastructure (``U-NII'') devices. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order of the Bureau adopting the terms of this Consent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-689A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-689A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-689A1.txt
  • 2010 Released: April 26, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Axxcelera Broadband Wireless, Inc. (``Axxcelera''). The Consent Decree terminates the Bureau's investigation into Axxcelera's possible violations of Section 302(b) the Communications Act of 1934, as amended, and Sections 2.803(a)(1) and 15.407(h)(2) of the Commission's Rules, regarding the marketing of unlicensed National Information Infrastructure (``U-NII'') devices. The Bureau and Axxcelera have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1311A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1311A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1311A1.txt
  • that is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. As discussed above, Rapidwave operated its Ubiquiti XtremeRange5 transceiver on a frequency not authorized under the transceiver's FCC Equipment Authorization and with no functioning DFS radar detection mechanism as required under section 15.407(h)(2) of the Rules. Accordingly, Rapidwave apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Rapidwave may have operated its Ubiquiti
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1312A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1312A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1312A1.txt
  • submitted. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Sling Broadband, LLC at 2700 N. State Road 7, Hollywood, FL 33021. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. � 15.407. 47 C.F.R. � 15.1(b). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. 47 C.F.R. � 15.5 Id. 47 C.F.R. � 15.1(b). (last visited Jan. 26, 2011). The collocation agreement referenced
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  • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. Ayustar operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that Ayustar apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. Pursuant to the Commission's Forfeiture Policy Statement and
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  • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Insight Consulting Group of Kansas City, LLC, 600 E. Admiral Blvd., Suite 1201, Kansas City, MO 64106. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. � 15.407. 47 C.F.R. � 15.1(b). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. 47 C.F.R. � 15.5. 47 C.F.R. � 15.1(b). (last visited Jan. 26, 2011). Agents from the Kansas City
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  • �� 2.925 and 15.19(a) of this chapter on the individual equipment carton rather than on the device, and are exempt from complying with the requirements of � 15.21. (e) U-NII equipment operating in the 5.25-5.35 GHz band for which applications for certification are filed on or after July 20, 2006 shall comply with the DFS and TPC requirements specified in �15.407. U-NII equipment operating in the 5.25-5.35 GHz band that are imported or marketed on or after July 20, 2007 shall comply with the DFS and TPC requirements in �15.407. (f) All Access BPL devices that are manufactured, imported, marketed or installed on or after July 7, 2006, shall comply with the requirements specified in subpart G of this part, including
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  • a manner that is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. As discussed above, Utah Broadband operated its Ubiquiti XtremeRange5 transceivers on frequencies not authorized under the transceivers' FCC Equipment Authorization and with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules disabled. Accordingly, Utah Broadband apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Utah Broadband may have
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  • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. AT&T operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that AT&T apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. Pursuant to the Commission's Forfeiture Policy Statement and
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  • of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Argos Net, Inc., Oficina #212, Calle Acosta #32, Caguas, PR, 00725. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. � 15.407. 47 C.F.R. � 15.1(b). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. 47 C.F.R. � 15.5. 47 C.F.R. � 15.1(b). (last visited Jan. 26, 2011). Agents from the San Juan
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  • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to VPNet, Inc. at POB 193780, San Juan, PR 00919. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. �� 301, 302a(b); see also 47 C.F.R. � 15.407. 47 C.F.R. �� 15.1(b), (c). 47 C.F.R. �� 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. �� 15.1(a), 15.5. See 47 C.F.R. � 15.1(c). Section 15.201(b) of the Rules provides that all intentional radiators operating under
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  • without an individual license. If intentional radiators fail to comply with the conditions set forth in Part 15, they are not authorized to operate in the United States without a license. Part 15 Subpart E of the Rules sets forth more specific conditions under which U-NII devices may operate in the 5.15-5.35 GHz, 5.47-5.725 GHz, and 5.725-5.825 GHz bands. Section 15.407(e) of the Rules provides that ``[w]ithin the 5.15-5.25 GHz band, U-NII devices will be restricted to indoor operations to reduce any potential for harmful interference to co-channel MSS operations.'' On May 18, June 6, June 8, and June 14, 2006, resident agents from the San Juan Office observed Neptuno operate U-NII devices within the 5.15-5.25 GHz band outdoors at three
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  • submitted. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Ayustar at its address of record. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Office South Central Region Enforcement Bureau 47 U.S.C. � 301; see also 47 C.F.R. �� 15.1(b), 15.407. 47 U.S.C. � 503(b). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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  • � 15.247. On June 11, 2010, your CTO (Managing Partner) admitted that the dynamic frequency selection (``DFS'') functionality on your Ubiquiti Rocket M5 device was disabled. If the Ubiquiti Rocket M5 had been authorized as an Unlicensed National Information Infrastructure (U-NII) device to operate on frequency 5.650 GHz, DFS would have been required to be employed. See 47 C.F.R. � 15.407(h)(2). Thus, even if the Ubiquiti Rocket M5 device had been certified as a U-NII device, your operation would not have been in compliance with Part 15 of the Rules. � � NL��PNG -ބ�� T�o ��hjD� 5/�8��b0ُ�#~⇂{�-(c)BM8�- ����M''�; �zF؜'�%�'Np�� ��#�sb؁``ܪ�G�G ��7z�&=�6�Zw^`� �Q|�d"\�-�k � �bX�"(c):2�L�j3 2#D~��#�3 %''�l �T��P ��8(+ M(c)...�tme� �^ T9 h-=Y� ���5nT_�...���8�f�">T �� ~(R)�������o��[g�)V v�w�@�� jݕ�9 � WA�
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    • 15.1 et seq. Nonlicensed operation pursuant to Part 15 of the FCC's rules, however, is conditioned upon compliance with all applicable regulations in the subpart, 47 C.F.R. � 15.1(b). U-NII devices are required to have DFS functionality enabled for any operation in the 5.25 GHz - 5.35 GHz and the 5.47 GHz - 5.725 GHz bands. See 47 C.F.R. � 15.407(h)(2). Accordingly, your operation on the frequencies 5.530 GHz and 5.540 GHz was not in compliance 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 5.530 GHz or 5.540 GHz from this location. Thus, your
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    • operation pursuant to Part 15 of the FCC's rules, however, is conditioned upon compliance with all applicable regulations in the subpart, 47 C.F.R. � 15.1(b). Unlicensed National Information Infrastructure (``U-NII) devices are required to have DFS functionality enabled for any operation in the 5.250 GHz - 5.350 GHz and the 5.470 GHz - 5.725 GHz bands. See 47 C.F.R. � 15.407(h)(2). Accordingly, your operation on the frequencies 5.560 GHz and 5.660 GHz was not in compliance 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 5.560 GHz or 5.660 GHz from this location. Thus, your
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    • utilize those bands and thereby increase consumer choice. It would also provide the flexibility and certainty needed to promote the introduction of new, non-interfering products into the band, without the need for frequent rule changes to address each specific new technology that may be developed. This proposal would more closely align the Section 15.247 spread spectrum rules with the Section 15.407 U-NII rules. Therefore, we seek comment on whether the same result would be achieved by amending the U-NII rules to include the 915 MHz and 2.4 GHz bands. Finally, the Further Notice proposes to eliminate the processing gain requirement for direct sequence spread spectrum systems. The processing gain requirement was adopted more than ten years ago as a means to
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    • 5.725 -5.825 GHz U-NII band are allowed 1 Watt output power, the same output power allowed for spread spectrum devices in the 5.725 - 5.850 GHz band. However, digital systems operating under the U-NII rules at the full 1 Watt are required to have a wider bandwidth than a spread spectrum system operating at 1 Watt. See 47 C.F.R. � 15.407(a)(3). See, e.g., comments of Proxim, Inc. and Wi-LAN, Inc., and reply comments of Information Technology Industries Association. See, e.g., comments of Wi-LAN, Inc., Information Technology Council, and Proxim, Inc. Wi-LAN, Inc. comments at pages 2-4. See Joint Comments at page 3. Joint Commenters at page 4. See ITI reply comments. See Proxim reply comments at pages 5-7. Id. at page
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    • paragraph (l), to read as follows: �15.37 Transition provisions for compliance with the rules. ***** (l) U-NII Equipment operating in the 5.25 - 5.35 GHz band that are authorized under the certification procedure on or after [1 year after publication of R&O in ET Docket No. 03-122 in the Federal Register] shall comply with the DFS requirement specified in Section 15.407 of this part. All U-NII Equipment operating in the 5.25 - 5.35 GHz band that are manufactured or imported on or after [2 years from publication of R&O in ET Docket No. 03-122 in the Federal Register] shall comply with the DFS requirement specified in Section 15.407 of this part. Equipment authorized, imported or manufactured prior to these dates shall
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    • 22, part 24, part 25, part 27, part 80, and part 90, respectively, of this chapter, are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in ��2.1091 and 2.1093 of this chapter. Cordless telephones and portable transmitters, millimeter devices, unlicensed PCS and unlicensed NII devices authorized under �15.247, �15.253, �15.255, �15.319 and �15.407 of this chapter are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. However, routine evaluation for portable devices authorized under �15.247 is required only if the maximum peak output power of the device exceeds 100 milliwatts (100 mW). Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) authorized under Part
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    • antenna restriction for Part 15 devices; 3) modify the equipment authorization procedures to provide more flexibility to configure transmission systems without the need to obtain separate authorization for every combination of system components; 4) harmonize the measurement procedures for digital modulation systems authorized pursuant to Section 15.247 of the rules with those for similar U-NII devices authorized under Sections 15.401- 15.407 of the rules; 5) modify the channel spacing requirements for frequency hopping spread spectrum devices in the 2.4 GHz band in order to remove barriers to the introduction of new technology that uses wider bandwidths; 6) clarify the equipment authorization requirements for modular transmitters; and 7) make other changes to update or correct Parts 2 and 15 of our rules.
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    • DFS requirement for U-NII equipment operating in the 5.25-5.35 GHz band. The Report and Order requires U-NII equipment operating in the 5.25-5.35 GHz band that are authorized under the certification procedures on or after [1 year after publication of R&O in ET Docket No. 03-122 in the Federal Register] to comply with the DFS and TPC requirements specified in Section 15.407 of the rules. U-NII equipment operating in the 5.25-5.35 GHz band that are imported or marketed [2 years after publication of R&O in ET Docket No. 03-122 in the Federal Register] shall comply with the DFS and TPC requirements in Section 15.407 of the rules. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. We received
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    • will not receive harmful interference from unlicensed operations? Out-of-band Emissions. We recognize the need to assure that increased operation of unlicensed devices enabled under the interference temperature concept in these bands will not result in harmful out-of-band interference. To that end, we propose that such operations should comply with an undesirable emission limit such as that set forth in Section 15.407(b)(1) of the Rules. This rule requires that all out-of-band emissions from U-NII devices operating in the 5.15-5.25 GHz band not exceed an EIRP of -27 dBm/MHz. Our experience to date has shown that this limit has served well in the context of its current application to U-NII in this band. Based on that experience, we seek comment on whether a
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    • it has no impact on ordinary consumers and does not deter those who want to modify unlicensed devices. Additionally, Cisco states that the unique connector requirement burdens manufacturers due to the need to find new ``unique'' connectors once its current connector becomes widely marketed to other manufacturers. Similarly, Cisco, Intel, and others request that the integral antenna rule of Section 15.407(d) for U-NII devices in the 5.15 GHz - 5.25 GHz band should be eliminated. This rule, like the Section 15.203 requirement, was instituted in order to prevent unauthorized tampering resulting in emissions from an unlicensed device causing harmful interference to licensed services. However, according to these commenters, the integral antenna rule increases complexity and costs while not satisfying the original
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    • Permit Unlicensed National Information Infrastructure (U-NII) Devices in the 5.4 GHz band, Report and Order, 18 FCC Rcd 24484 (2003). Part 15 of our Rules sets forth the technical requirements for U-NII technology and applications. See 47 C.F.R. �� 15.401-15.407. These rules employ spectral power density limits, rather than emission masks, to limit in-band and out-of-band power. See 47 C.F.R. �15.407. ITS or Dedicated Short Range Communications (DSRC) systems operate in the 5.850-5.925 GHz band. See Amendment of the Commission's Rules Regarding Dedicated Short-Range Communication Services in the 5.850-5.925 GHz band (5.9 GHz band), Report and Order, 19 FCC Rcd 2458 (2004). Petition at 5. Id. at 6. See also NPSTC further comments filed Oct. 2, 2003. See also 47 C.F.R.
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    • 302, 303, 304, 307 and 544A. Section 15.37 is amended by modifying paragraph (l), to read as follows: �15.37 Transition provisions for compliance with the rules. ***** (l) U-NII equipment operating in the 5.25-5.35 GHz band for which applications for certification are filed on or after January 20, 2006 shall comply with the DFS and TPC requirements specified in Section 15.407 of this part. U-NII equipment operating in the 5.25-5.35 GHz band that are imported or marketed on or after January 20, 2007 shall comply with the DFS and TPC requirements in Section 15.407 of this part. ***** 47 C.F.R. � 15.37(l). See Revision of Parts 2 and 15 of the Commission's Rules to Permit Unlicensed National Information Infrastructure (U-NII) devices
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    • chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in Sec. Sec. 2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in Sec. Sec. 15.253(f), 15.255(g), 15.319(i), and 15.407(f) of this chapter. Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) is subject to routine environment evaluation as specified in Sec. Sec. 2.1093 and 5.1125 of this chapter. Equipment authorized for use in the Medical Implant Communications Service (MICS) as a medical implant transmitter (as defined in Appendix 1 to Subpart E of part 95 of
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    • policy change is appropriate in light of our Herculean work on public safety spectrum use in the 700 and 800 MHz bands over the past couple of years, I very much appreciate the value in having a discussion on the technical aspects of interruptible spectrum leasing. For these reasons, I enthusiastically support this item. See 47 C.F.R. �� 15.323 and 15.407(h). , News Release dated November 19, 2004. See First Report and Order in ET Docket No. 00-47, 16 FCC Rcd 17373,17377 (2001). We always retain the right to request and examine any component (whether software or hardware) of a specific radio system when needed for certification under Commission rules. See 47 C.F.R. � 2.1. Radios with cognitive capabilities do not
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    • 544A Section 15.37 is amended by modifying paragraph (l) to read as follows: � 15.37 Transition provisions for compliance with the rules * * * * * (l) U-NII equipment operating in the 5.25-5.35 GHz band for which applications for certification are filed on or after July 20, 2006 shall comply with the DFS and TPC requirements specified in Section 15.407 of this part. U-NII equipment operating in the 5.25-5.35 GHz band that are imported or marketed on or after July 20, 2007 shall comply with the DFS and TPC requirements in Section 15.407 of this part. * * * * * 47 C.F.R. � 15.37(l). See Revision of Parts 2 and 15 of the Commission's Rules to Permit Unlicensed National
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    • authority). See IEEE 802 comments at 6 and 12, Motorola comments at 15, Tropos Networks comments at 5, CWLab comments at 3-4, Microsoft Corporation comments at 12-13, Wi-fi Alliance comments at 4, Intel Corporation comments at 15, Michael J. Marcus comments at 6, and Shared Spectrum reply comments at 7. The U-NII spectrum sensing requirements are set forth in Section 15.407(h) of the rules, 47 C.F.R. � 15.407(h). 47 C.F.R. � 15.407(h)(2). See Shared Spectrum Company reply comments at 7 and Adaptrum comments at 20. See 47 C.F.R. � 15.407(h)(2). See 47 C.F.R. � 15.407(h)(1). The U-NII definitions for ``master'' and ``client'' are in the U-NII compliance measurement procedures. See Memorandum Opinion and Order in ET Docket No. 03-122, 21 FCC
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    • requests for clarification or reconsideration of our rules for unlicensed National Information Infrastructure (U-NII) devices in the 5.25-5.35 GHz and 5.47-5.725 GHz bands, including Radio Local Area Networks (RLANs), which were adopted in the Report and Order in this proceeding. Specifically, we are granting a request by the Wi-Fi Alliance to clarify the Transmit Power Control (TPC) requirements in section 15.407(h)(1), dismissing a request by the Wi-Fi Alliance to clarify the channel availability check time requirement in section 15.407(h)(2)(ii), denying a request by Globespan Virata (Globespan) to revise the rules to state that U-NII devices are not required to detect and avoid frequency hopping radar signals, and dismissing a request by Extreme Networks Inc. (Extreme Networks) to modify the definition of
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    • Information, ``Establishment and Firm Size (Including Legal Form of Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005). Id. The census data do not provide a more precise estimate of the number of firms that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See 47 C.F.R. �� 15.323(c) and 15.407(h) for examples of listen-before-talk requirements currently in the rules. 5 U.S.C. � 603(c)(1) - (c)(4). (...continued from previous page) (continued....) Federal Communications Commission FCC 07-117 Federal Communications Commission FCC 07-117 I M � � � � � (R) � �@��� �@��� �@��� �@��� h @ \ @ \ @ \ @ \ @ \ @ \ @ \ @ \
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    • and not as a separate product. (1) An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to �15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to �15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-56A1.txt
    • Section 15.231. For instance, data transmission is prohibited, except for operation under Section 15.231(e), in which case there are separate field strength level and timing requirements. Compliance with these requirements must be assured. The modular transmitter must comply with any applicable RF exposure requirements. For example, FCC Rules in Sections 2.1091, 2.1093 and specific Sections of Part 15, including 15.319(i), 15.407(f), 15.253(f), 15.255(g) and 15.257(g) require that applicants for authorization of Unlicensed PCS, U-NII and millimeter wave devices perform a routine environmental evaluation for RF exposure to demonstrate compliance. In addition, applicants for authorization of spread spectrum transmitters operating under Section 15.247 are required to address RF exposure compliance in accordance with Section 15.247(i). Applicants for authorization of modular transmitters approved
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    • may transmit on a channel, it must monitor the channel for 60 seconds and determine that there are no radar signals present above a specified threshold. It must also continuously monitor the channel during operation and vacate the channel within ten seconds and not re-use the channel for 30 minutes if a radar signal is detected. See 47 C.F.R. � 15.407(h)(2). See Cisco petition for clarification dated June 3, 2005 and MSS petition for reconsideration dated June 1, 2005. See ITI opposition to MSS petition for reconsideration dated July 29, 2005. See Cognitive Radio Report and Order at 5504 and 47 C.F.R. � 2.1. Open Source Software (OSS) is software in which the source code is made available for others to
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    • 20 centimeters (7.9 inches) is normally maintained between the transmitter's radiating structure(s) and the body of the user or nearby persons. See 47 C.F.R. �2.1091(b). The Commission routinely exempts mobile devices in bands below 1.5 GHz that radiate less than 1.5 watts ERP (3.9 dBW EIRP) from environmental evaluation for RF exposure. See 47 C.F.R �2.1091(c). See 47 C.F.R. � 15.407(h)(2)(i). Master and client modes are defined in the U-NII compliance measurement procedure found in the appendix of the Memorandum Opinion and Order in ET Docket No. 03-122, 21 FCC Rcd 7672, 7682 (2006). 47 C.F.R. �� 2.1091 and 2.1093 EIRP is referenced to a theoretical point source radiator, whereas ERP is referenced to a dipole radiator. Power measurements of EIRP
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    • ``clarify that point-to-point and point-to-multipoint fixed links in the 4.9 GHz public safety networks are co-primary with mobile links'' and ``grant primary status to fixed links connecting public safety networks with each other using the 4940-4990 MHz band.'' Second, M/A-COM proposes to add ``a new Section 90.1215(d)'' thereby updating this section ``consistent with changes the Commission ... made to Section 15.407(a) of its rules'' (i.e., reflecting the same revised measurement procedures adopted by the Commission for devices that use digital modulation techniques regulated by Part 15). Primary Status to Certain Fixed Links. Section 90.1207 currently provides 4.9 GHz licensees with authority to ``operate base and mobile units (including portable and handheld units) and operate temporary (1 year or less) fixed stations,''
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    • and service rules would apply? What amount of bandwidth would MBAN devices require to operate in this band and in what portion of the band would they operate? Can MBAN devices operate compatibly with the incumbent services in the 5150-5250 MHz band? Should MBAN operations be limited to indoor locations, similar to the indoor restriction to U-NII devices in Section 15.407(e)? B. Service and Technical Rules We discuss in this section the service and technical rules that we could apply to MBAN devices operating in the 2360-2400 MHz band. Similar service and technical rules would be required for MBAN operations in either the 2400-2483.5 MHz or the 5150-5250 MHz band. We discuss the 2360-2400 MHz band here because that band was
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
    • and 90 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in ��2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in ��15.253(f), 15.255(g), 15.319(i), and 15.407(f) of this chapter. Portable devices as defined in �2.1093(b) of this chapter operating in the General Mobile Radio Service (GMRS), the Wireless Medical Telemetry Service (WMTS) and the Medical Device Radiocommunication Service (MedRadio) Subparts C, H and I of Part 95 of this chapter are subject to radio frequency radiation exposure requirements as specified in ��2.1093 and 95.49 of this
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
    • and 90 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in ��2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in ��15.253(f), 15.255(g), 15.319(i), and 15.407(f) of this chapter. Portable devices as defined in �2.1093(b) of this chapter operating in the General Mobile Radio Service (GMRS), the Wireless Medical Telemetry Service (WMTS) and the Medical Device Radiocommunication Service (MedRadio) Subparts C, H and I of Part 95 of this chapter are subject to radio frequency radiation exposure requirements as specified in ��2.1093 and 95.49 of this
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    • include too much time over the Thanksgiving weekend. . See Revision of Parts 2 and 15 of the Commission's Rules to Permit Unlicensed National Information Infrastructure (U-NII) devices in the 5 GHz band, ET Docket No. 03-122, Report and Order, 18 FCC Rcd 24484 (2003). The rules also require the 5.25-5.35 GHz band to incorporate DFS. See 47 C.F.R. � 15.407(h)(2). While these rules have generally proven successful, we note that interference to radar operations has occurred. The Commission continues to investigate and work with users and manufacturers regarding these interference events. See Wireless Operations in the 3650-3700 MHz Band, ET Docket No. 04-151, Report and Order, 20 FCC Rcd 6502 (2005). The Commission defined a contention-based protocol as: A protocol
  • http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.txt
    • utilize those bands and thereby increase consumer choice. It would also provide the flexibility and certainty needed to promote the introduction of new, non-interfering products into the band, without the need for frequent rule changes to address each specific new technology that may be developed. This proposal would more closely align the Section 15.247 spread spectrum rules with the Section 15.407 U-NII rules. Therefore, we seek comment on whether the same result would be achieved by amending the U-NII rules to include the 915 MHz and 2.4 GHz bands. Finally, the Further Notice proposes to eliminate the processing gain requirement for direct sequence spread spectrum systems. The processing gain requirement was adopted more than ten years ago as a means to
  • http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
    • this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 15.253(f), 15.255(g), and 15.319(i) and 15.407(f) of this chapter. All other mobile, portable, and unlicensed transmitting devices are categorically excluded from routine environmental evaluation for RF exposure under �� 2.1091 and 2.1093 of this chapter except as specified in paragraphs (c) and (d) of this section. (3) In general, when the guidelines specified in � 1.1310 are exceeded in an accessible area due to the emissions
  • http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.txt
    • of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 15.253(f), 15.255(g), 15.319(i), and 15.407(f) of this chapter. Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) is subject to routine environment evaluation as specified in �� 2.1093 and 95.1125 of this chapter. Equipment authorized for use in the Medical Implant Communications Service (MICS) as a medical implant transmitter (as defined in Appendix 1 to Subpart E of Part 95 of this
  • http://transition.fcc.gov/eb/Orders/2005/DA-05-1701A1.html
    • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to 15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to 15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://transition.fcc.gov/eb/Orders/2006/DA-06-1436A1.html
    • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to S15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. The "certificates" submitted by OvisLink are labeled as DOC test reports. External radio frequency power amplifiers are intentional radiators subject to certification rather than DOC authorization procedures. Furthermore, our review of
  • http://transition.fcc.gov/eb/Orders/2006/DA-06-853A1.html
    • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to S15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://transition.fcc.gov/eb/Orders/2007/FCC-07-45A1.html
    • and not as a separate product. (1) An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to S15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://transition.fcc.gov/eb/Orders/2009/DA-09-146A1.html
    • Commission's Rules ("Rules"). The noted apparent violations involve Proxim's marketing of non-compliant wireless access points. II. BACKGROUND 2. The Commission received a report from the National Telecommunication and Information Administration ("NTIA") indicating that Proxim's ORiNICO AP-4000 wireless access point ("AP-4000"), an unlicensed National Information Infrastructure ("U-NII") device operating in the frequency band 5.250-5.350 GHz, is not in compliance with Section 15.407(h)(2) of the Rules. Section 15.407(h)(2) requires U-NII devices operating in that frequency range to employ a Dynamic Frequency Selection ("DFS") radar mechanism to detect the presence of radar systems and avoid co-channel operation with radar systems. 3. Following receipt of the report from the NTIA, the FCC's Office of Engineering and Technology ("OET") examined an additional Proxim wireless access point,
  • http://transition.fcc.gov/eb/Orders/2009/DA-09-2303A1.html
    • the emission limit of Section 15.239(b) of the Rules) ("Power 7"); see also Proxim Wireless Corporation, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1145, 1146-49 P:P: 5-12 (Spectrum Enf. Div., Enf. Bur. 2009) (proposing a $7,000 forfeiture against manufacturer for marketing a wireless access point that OET tests confirmed did not comply with radar detection requirement of Section 15.407(h)(2) of the Rules) ("Proxim"); Ikusi-Angel Iglesias, S.A.., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 15560, 15561-63 P:P: 4-10 (Spectrum Enf. Div., Enf. Bur. 2004) (proposing a $7,000 forfeiture against a manufacturer for marketing a remote control transmitter that OET tests determined, and the manufacturer acknowledged, did not comply with the timing requirement of Section 15.231(a) of the Rules,
  • http://transition.fcc.gov/eb/Orders/2010/DA-10-138A1.html
    • said payment is made to SCR-Response@fcc.gov. 13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Ayustar Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S:S: 15.1(b), 15.407. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032680001 (Enf. Bur., San Juan Office, November 12, 2009) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 301. See 47 C.F.R. S:S: 15.1 et seq. 47 C.F.R. S: 15.1(b). See 47 C.F.R. S: 15.401 et seq. Moreover, assuming arguendo that Ayustar's transmitters were not
  • http://transition.fcc.gov/eb/Orders/2010/DA-10-616A1.html
    • Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Motorola, Inc. ("Motorola"). The Consent Decree terminates an investigation by the Bureau against Motorola for possible violations of Section 302(b) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 302a(b), and Sections 2.803(a), 2.926(e), 15.37(l), and 15.407(h) of the Commission's Rules ("Rules"), 47 C.F.R. S:S: 2.803(a), 2.926(e), 15.37(l), and 15.407(h), regarding the marketing and labeling of Unlicensed National Information Infrastructure (U-NII) devices. 2. The Bureau and Motorola have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms
  • http://transition.fcc.gov/eb/Orders/2010/DA-10-618A1.html
    • (Israel), Ltd. ) FRN No. 0009320326 ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Airspan Networks (Israel), Ltd. ("Airspan"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation of Airspan for possible violations of Section 302(b) of the Communications Act of 1934, as amended ("Act"), and Sections 2.803, 2.925, and 15.407(h)(2) of the Commission's Rules ("Rules") regarding the marketing and selling of unlicensed National Information Infrastructure ("U-NII") devices. I. DEFINITIONS 1. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order of the Bureau adopting the terms
  • http://transition.fcc.gov/eb/Orders/2010/DA-10-689A1.html
    • Released: April 26, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Axxcelera Broadband Wireless, Inc. ("Axxcelera"). The Consent Decree terminates the Bureau's investigation into Axxcelera's possible violations of Section 302(b) the Communications Act of 1934, as amended, and Sections 2.803(a)(1) and 15.407(h)(2) of the Commission's Rules, regarding the marketing of unlicensed National Information Infrastructure ("U-NII") devices. 2. The Bureau and Axxcelera have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
  • http://transition.fcc.gov/eb/Orders/2011/DA-11-1311A1.html
    • is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. 11. As discussed above, Rapidwave operated its Ubiquiti XtremeRange5 transceiver on a frequency not authorized under the transceiver's FCC Equipment Authorization and with no functioning DFS radar detection mechanism as required under section 15.407(h)(2) of the Rules. Accordingly, Rapidwave apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. 12. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Rapidwave may have operated its
  • http://transition.fcc.gov/eb/Orders/2011/DA-11-1312A1.html
    • 22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Sling Broadband, LLC at 2700 N. State Road 7, Hollywood, FL 33021. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S: 15.407. 47 C.F.R. S: 15.1(b). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. 47 C.F.R. S: 15.5 Id. 47 C.F.R. S: 15.1(b). MIT Lincoln Laboratories, http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last visited Jan. 26, 2011).
  • http://transition.fcc.gov/eb/Orders/2011/DA-11-1313A1.html
    • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. Ayustar operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that Ayustar apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. 11. Pursuant to the Commission's Forfeiture Policy Statement
  • http://transition.fcc.gov/eb/Orders/2011/DA-11-1314A1.html
    • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Insight Consulting Group of Kansas City, LLC, 600 E. Admiral Blvd., Suite 1201, Kansas City, MO 64106. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S: 15.407. 47 C.F.R. S: 15.1(b). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. 47 C.F.R. S: 15.5. 47 C.F.R. S: 15.1(b). MIT Lincoln Laboratories, http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last visited Jan. 26, 2011). Agents
  • http://transition.fcc.gov/eb/Orders/2011/DA-11-273A1.html
    • manner that is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. 11. As discussed above, Utah Broadband operated its Ubiquiti XtremeRange5 transceivers on frequencies not authorized under the transceivers' FCC Equipment Authorization and with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules disabled. Accordingly, Utah Broadband apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. 12. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Utah Broadband may
  • http://transition.fcc.gov/eb/Orders/2011/DA-11-306A1.html
    • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. AT&T operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that AT&T apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. 11. Pursuant to the Commission's Forfeiture Policy Statement
  • http://transition.fcc.gov/eb/Orders/2012/DA-12-279A1.html
    • of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Argos Net, Inc., Oficina #212, Calle Acosta #32, Caguas, PR, 00725. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S: 15.407. 47 C.F.R. S: 15.1(b). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. 47 C.F.R. S: 15.5. 47 C.F.R. S: 15.1(b). MIT Lincoln Laboratories, http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last visited Jan. 26, 2011). Agents
  • http://transition.fcc.gov/eb/Orders/2012/DA-12-450A1.html
    • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to VPNet, Inc. at POB 193780, San Juan, PR 00919. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. S:S: 301, 302a(b); see also 47 C.F.R. S: 15.407. 47 C.F.R. S:S: 15.1(b), (c). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. See 47 C.F.R. S: 15.1(c). Section 15.201(b) of the Rules provides that all intentional radiators operating under
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.txt
    • utilize those bands and thereby increase consumer choice. It would also provide the flexibility and certainty needed to promote the introduction of new, non-interfering products into the band, without the need for frequent rule changes to address each specific new technology that may be developed. This proposal would more closely align the Section 15.247 spread spectrum rules with the Section 15.407 U-NII rules. Therefore, we seek comment on whether the same result would be achieved by amending the U-NII rules to include the 915 MHz and 2.4 GHz bands. Finally, the Further Notice proposes to eliminate the processing gain requirement for direct sequence spread spectrum systems. The processing gain requirement was adopted more than ten years ago as a means to
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
    • this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 15.253(f), 15.255(g), and 15.319(i) and 15.407(f) of this chapter. All other mobile, portable, and unlicensed transmitting devices are categorically excluded from routine environmental evaluation for RF exposure under �� 2.1091 and 2.1093 of this chapter except as specified in paragraphs (c) and (d) of this section. (3) In general, when the guidelines specified in � 1.1310 are exceeded in an accessible area due to the emissions
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.txt
    • of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 2.1091 and 2.1093 of this chapter. Unlicensed PCS, unlicensed NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in �� 15.253(f), 15.255(g), 15.319(i), and 15.407(f) of this chapter. Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) is subject to routine environment evaluation as specified in �� 2.1093 and 95.1125 of this chapter. Equipment authorized for use in the Medical Implant Communications Service (MICS) as a medical implant transmitter (as defined in Appendix 1 to Subpart E of Part 95 of this
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da001407.doc
    • 15.231. For instance, data transmission is prohibited, except for operation under Section 15.231(e), in which case there are separate field strength level and timing requirements. Compliance with these requirements must be assured. 8. The modular transmitter must comply with any applicable RF exposure requirements. For example, FCC Rules in Sections 2.1091, 2.1093 and specific Sections of Part 15, including 15.319(i), 15.407(f), 15.253(f) and 15.255(g), require that Unlicensed PCS, UNII and millimeter wave devices perform routine environmental evaluation for RF Exposure to demonstrate compliance. In addition, spread spectrum transmitters operating under Section 15.247 are required to address RF Exposure compliance in accordance with Section 15.247(b)(4). Modular transmitters approved under other Sections of Part 15, when necessary, may also need to address certain
  • http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html
    • without an individual license. If intentional radiators fail to comply with the conditions set forth in Part 15, they are not authorized to operate in the United States without a license. Part 15 Subpart E of the Rules sets forth more specific conditions under which U-NII devices may operate in the 5.15-5.35 GHz, 5.47-5.725 GHz, and 5.725-5.825 GHz bands. Section 15.407(e) of the Rules provides that "[w]ithin the 5.15-5.25 GHz band, U-NII devices will be restricted to indoor operations to reduce any potential for harmful interference to co-channel MSS operations." 9. On May 18, June 6, June 8, and June 14, 2006, resident agents from the San Juan Office observed Neptuno operate U-NII devices within the 5.15-5.25 GHz band outdoors at
  • http://www.fcc.gov/eb/FieldNotices/2003/DOC-294713A1.html
    • 15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Ayustar at its address of record. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Office South Central Region Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S:S: 15.1(b), 15.407. 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
  • http://www.fcc.gov/eb/FieldNotices/2003/DOC-300297A1.html
    • S: 15.247. On June 11, 2010, your CTO (Managing Partner) admitted that the dynamic frequency selection ("DFS") functionality on your Ubiquiti Rocket M5 device was disabled. If the Ubiquiti Rocket M5 had been authorized as an Unlicensed National Information Infrastructure (U-NII) device to operate on frequency 5.650 GHz, DFS would have been required to be employed. See 47 C.F.R. S: 15.407(h)(2). Thus, even if the Ubiquiti Rocket M5 device had been certified as a U-NII device, your operation would not have been in compliance with Part 15 of the Rules. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300297A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300297A1.doc
  • http://www.fcc.gov/eb/FieldNotices/2003/DOC-300927A1.html
    • 15.1 et seq. Nonlicensed operation pursuant to Part 15 of the FCC's rules, however, is conditioned upon compliance with all applicable regulations in the subpart, 47 C.F.R. S: 15.1(b). U-NII devices are required to have DFS functionality enabled for any operation in the 5.25 GHz - 5.35 GHz and the 5.47 GHz - 5.725 GHz bands. See 47 C.F.R. S: 15.407(h)(2). Accordingly, your operation on the frequencies 5.530 GHz and 5.540 GHz was not in compliance 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 5.530 GHz or 5.540 GHz from this location. Thus, your
  • http://www.fcc.gov/eb/FieldNotices/2003/DOC-301061A1.html
    • operation pursuant to Part 15 of the FCC's rules, however, is conditioned upon compliance with all applicable regulations in the subpart, 47 C.F.R. S: 15.1(b). Unlicensed National Information Infrastructure ("U-NII) devices are required to have DFS functionality enabled for any operation in the 5.250 GHz - 5.350 GHz and the 5.470 GHz - 5.725 GHz bands. See 47 C.F.R. S: 15.407(h)(2). Accordingly, your operation on the frequencies 5.560 GHz and 5.660 GHz was not in compliance 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 5.560 GHz or 5.660 GHz from this location. Thus, your
  • http://www.fcc.gov/eb/Orders/2005/DA-05-1701A1.html
    • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to 15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to 15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://www.fcc.gov/eb/Orders/2006/DA-06-1436A1.html
    • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to S15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. The "certificates" submitted by OvisLink are labeled as DOC test reports. External radio frequency power amplifiers are intentional radiators subject to certification rather than DOC authorization procedures. Furthermore, our review of
  • http://www.fcc.gov/eb/Orders/2006/DA-06-853A1.html
    • approved and not as a separate product. An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to S15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://www.fcc.gov/eb/Orders/2007/FCC-07-45A1.html
    • and not as a separate product. (1) An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to S15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of
  • http://www.fcc.gov/eb/Orders/2010/DA-10-138A1.html
    • said payment is made to SCR-Response@fcc.gov. 13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Ayustar Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S:S: 15.1(b), 15.407. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032680001 (Enf. Bur., San Juan Office, November 12, 2009) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 301. See 47 C.F.R. S:S: 15.1 et seq. 47 C.F.R. S: 15.1(b). See 47 C.F.R. S: 15.401 et seq. Moreover, assuming arguendo that Ayustar's transmitters were not
  • http://www.fcc.gov/eb/Orders/2010/DA-10-616A1.html
    • Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Motorola, Inc. ("Motorola"). The Consent Decree terminates an investigation by the Bureau against Motorola for possible violations of Section 302(b) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 302a(b), and Sections 2.803(a), 2.926(e), 15.37(l), and 15.407(h) of the Commission's Rules ("Rules"), 47 C.F.R. S:S: 2.803(a), 2.926(e), 15.37(l), and 15.407(h), regarding the marketing and labeling of Unlicensed National Information Infrastructure (U-NII) devices. 2. The Bureau and Motorola have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms
  • http://www.fcc.gov/eb/Orders/2010/DA-10-618A1.html
    • (Israel), Ltd. ) FRN No. 0009320326 ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Airspan Networks (Israel), Ltd. ("Airspan"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation of Airspan for possible violations of Section 302(b) of the Communications Act of 1934, as amended ("Act"), and Sections 2.803, 2.925, and 15.407(h)(2) of the Commission's Rules ("Rules") regarding the marketing and selling of unlicensed National Information Infrastructure ("U-NII") devices. I. DEFINITIONS 1. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order of the Bureau adopting the terms
  • http://www.fcc.gov/eb/Orders/2010/DA-10-689A1.html
    • Released: April 26, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Axxcelera Broadband Wireless, Inc. ("Axxcelera"). The Consent Decree terminates the Bureau's investigation into Axxcelera's possible violations of Section 302(b) the Communications Act of 1934, as amended, and Sections 2.803(a)(1) and 15.407(h)(2) of the Commission's Rules, regarding the marketing of unlicensed National Information Infrastructure ("U-NII") devices. 2. The Bureau and Axxcelera have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
  • http://www.fcc.gov/eb/Orders/2011/DA-11-1311A1.html
    • is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. 11. As discussed above, Rapidwave operated its Ubiquiti XtremeRange5 transceiver on a frequency not authorized under the transceiver's FCC Equipment Authorization and with no functioning DFS radar detection mechanism as required under section 15.407(h)(2) of the Rules. Accordingly, Rapidwave apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. 12. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Rapidwave may have operated its
  • http://www.fcc.gov/eb/Orders/2011/DA-11-1312A1.html
    • 22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Sling Broadband, LLC at 2700 N. State Road 7, Hollywood, FL 33021. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S: 15.407. 47 C.F.R. S: 15.1(b). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. 47 C.F.R. S: 15.5 Id. 47 C.F.R. S: 15.1(b). MIT Lincoln Laboratories, http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last visited Jan. 26, 2011).
  • http://www.fcc.gov/eb/Orders/2011/DA-11-1313A1.html
    • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. Ayustar operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that Ayustar apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. 11. Pursuant to the Commission's Forfeiture Policy Statement
  • http://www.fcc.gov/eb/Orders/2011/DA-11-1314A1.html
    • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Insight Consulting Group of Kansas City, LLC, 600 E. Admiral Blvd., Suite 1201, Kansas City, MO 64106. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S: 15.407. 47 C.F.R. S: 15.1(b). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. 47 C.F.R. S: 15.5. 47 C.F.R. S: 15.1(b). MIT Lincoln Laboratories, http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last visited Jan. 26, 2011). Agents
  • http://www.fcc.gov/eb/Orders/2011/DA-11-273A1.html
    • manner that is inconsistent with its Equipment Authorization, or in a manner that is inconsistent with the Part 15 Rules, is a violation of section 302(b) of the Act. 11. As discussed above, Utah Broadband operated its Ubiquiti XtremeRange5 transceivers on frequencies not authorized under the transceivers' FCC Equipment Authorization and with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules disabled. Accordingly, Utah Broadband apparently violated section 15.1(c) of the Rules and section 302(b) of the Act. 12. We make the following additional observations regarding the application of other U-NII rules to these facts. Section 15.407(a) of the Rules limits the power of U-NII devices. As discussed above, the Enforcement Bureau's calculations suggest that Utah Broadband may
  • http://www.fcc.gov/eb/Orders/2011/DA-11-306A1.html
    • of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of section 302(b) of the Act. Section 15.504(h)(2) of the Rules requires U-NII devices operating in the 5.47 - 5.725 GHz band to employ DFS. AT&T operated a U-NII transmitter that was incapable of operating with the DFS radar detection mechanism required under section 15.407(h)(2) of the Rules. Thus, based on the evidence before us, we find that AT&T apparently willfully and repeatedly violated section 302(b) of the Act and section 15.1(c) of the Rules by operating a U-NII transmitter without DFS capability on a frequency for which it was required on December 7 and 8, 2010. 11. Pursuant to the Commission's Forfeiture Policy Statement
  • http://www.fcc.gov/eb/Orders/2012/DA-12-279A1.html
    • of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Argos Net, Inc., Oficina #212, Calle Acosta #32, Caguas, PR, 00725. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. S: 301; see also 47 C.F.R. S: 15.407. 47 C.F.R. S: 15.1(b). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. 47 C.F.R. S: 15.5. 47 C.F.R. S: 15.1(b). MIT Lincoln Laboratories, http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last visited Jan. 26, 2011). Agents
  • http://www.fcc.gov/eb/Orders/2012/DA-12-450A1.html
    • copy of this Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to VPNet, Inc. at POB 193780, San Juan, PR 00919. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Field Office South Central Region Enforcement Bureau 47 U.S.C. S:S: 301, 302a(b); see also 47 C.F.R. S: 15.407. 47 C.F.R. S:S: 15.1(b), (c). 47 C.F.R. S:S: 15.1 et seq. Revision of Part 15 of the Rules Regarding the Operation of Radio Frequency Devices Without an Individual License, First Report and Order, 4 FCC Rcd 3493 (1989). 47 C.F.R. S:S: 15.1(a), 15.5. See 47 C.F.R. S: 15.1(c). Section 15.201(b) of the Rules provides that all intentional radiators operating under