|
Previous: Phone Company fined $100,000
Next: $25,000 fine for 'spoofing' caller i.d.
NOTICE OF UNLICENSED OPERATION AND
NOTIFICATION OF HARMFUL
INTERFERENCE to Dallas Airport Radar
Federal Communications Commission April 28, 2016
Fastlane Internet Francesville, Indiana
NOTICE OF UNLICENSED OPERATION AND NOTIFICATION OF
HARMFUL INTERFERENCE
The Dallas Office, in response to information
received from the Federal Aviation Administration (FAA) that the Terminal
Doppler Weather Radar (TDWR) serving the Dallas Love Field Airport was receiving
interference on or adjacent to 5.600 GHz, conducted an investigation in the
area. On March 31, 2016, an agent from this office confirmed by you that
the radio signal on frequency 5.600 GHz was emanating from the tower at 1591
Bryson Lane, Midlothian, Texas. Your system was using Ubiquiti Networks
Rocket M5s Unlicensed National Information Infrastructure ("U-NII") devices.
One of these devices was programmed to operate on 5.600 GHz. You changed
the operating frequency of the system and the interference to the FAA radar
ceased.
Radio stations must be licensed by the FCC pursuant
to 47 U.S.C. § 301. The only exception to this licensing requirement is
for certain transmitters using or operating at a power level or mode of
operation that complies with the standards established in Part 15 of the
Commission's rules. Non-licensed operation pursuant to Part 15 of the
Commission's rules, however, is conditioned upon compliance with all applicable
regulations in the subpart, 47 C.F.R. § 15.1(b). All intentional
radiators operating pursuant to Part 15 of the FCC's rules must be certified for
use as a Part 15 device, 47 C.F.R. § 15.201(b) and failure to operate such
device consistent with its authorization violates Part 15 of the Commission's
rules.
You operated Ubiquiti Rocket M5 devices on the
frequency 5.6000 GHz. The Ubiquiti Rocket M5 with FCC ID SWX-M5 is not
authorized for use in the 5.45 GHz through 5.725 GHz frequency band. The
FCC has no record of a license being issued to you to operate a transmitter on
5600 MHz from 1591 Bryson Lane, Midlothian, Texas. Thus, your operation
was in violation of 47 U.S.C. § 301.
Non-licensed operation of a U-NII device is also
subject to the condition that it must not cause harmful interference and, if
harmful interference occurs, operation of the device must cease. See 47
C.F.R. §§ 15.5(c), 15.405. Harmful interference is defined as "[a]ny
emission, radiation or induction that endangers the functioning of a radio
navigation service or of other safety services or seriously degrades, obstructs
or repeatedly interrupts a radio communications service." 47 C.F.R. § 15.3(m).
You are notified that your Ubiquiti device operating
on 5600 MHz was causing harmful interference to the TDWR at the Dallas Love
Field Airport and that your operation of this device must not resume until the
interference can be resolved. You are also warned that operation of radio
transmitting equipment without a valid radio station authorization, including
non-certified equipment or modified equipment which voids the certification,
and/or operation of otherwise authorized equipment that continues to cause
harmful interference after your receipt of this warning, constitutes a violation
of the Federal laws cited above and could subject the operator to severe
penalties, including, but not limited to, substantial monetary fines, in rem
arrest action against the offending radio equipment, and criminal sanctions
including imprisonment. (See 47 U.S.C. §§ 401, 501, 503 and 510.)
UNLICENSED OPERATION ON FREQUENCY 5600 MHZ MUST NOT
RESUME. NONLICENSED OPERATION OF A U-NII DEVICE MAY NOT RESUME UNLESS YOU ARE IN
FULL COMPLIANCE WITH PART 15 OF THE FCC'S RULES AND UNTIL YOU RESOLVE THE
HARMFUL INTERFERENCE.
You have ten (10) days from the date of this notice
to respond with any evidence that your transmitter is not the source of the
interference to the TDWR. Your response should describe the steps you are
planning to take to eliminate future interference to the TDWR of the Dallas Love
Field Airport. Your response should be sent to the address in the
letterhead and reference the listed case Dallas Love Field Airport and document
number. Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are
informing you that the Commission's staff will use all relevant material
information before it to determine what, if any, enforcement action is required
to ensure your compliance with FCC Rules. This will include any
information that you disclose in your reply.
You may contact this office if you have any
questions.
Ronald Ramage Regional Director
|