FCC Web Documents citing 15.401

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.pdf
  • 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 U-NII devices and were instead general Part 15 unlicensed intentional transmitters, Ayustar also apparently failed to comply with the power limits contained in Section 15.407(2) of the Rules. 47 C.F.R. § 15.407(2). Section 15.407(2) restricts output power in the 5.47-5.725 GHz band to 0.25 Watts. Pursuant to the U-NII rules,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1311A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1311A1.pdf
  • 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 transceiver in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Rapidwave and other U-NII operators to be mindful of these requirements or risk further enforcement action. The FCC agent observed the operation of the unauthorized U-NII transmission system by Rapidwave on October 27 and 28, 2010. Rapidwave's violations were repeated because they occurred on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1312A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1312A1.pdf
  • devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although Sling's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. §§ 15.401-15.407) because Sling operated them as U-NII devices on U-NII frequencies. Sling was also operating on the frequency 5745 MHz, a frequency for which the Rocket M5 is certified. Operation pursuant to section 15.247 of the Rules, however, must comply with the applicable power limits specified therein. 47 C.F.R. § 15.247. 47 C.F.R. § 15.205(a). See email from Aaron Tuttle, TDWR
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1314A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1314A1.pdf
  • U-NII devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although Insight's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Insight operated them as U-NII devices on U-NII frequencies. 47 U.S.C. § 503(b). 47 U.S.C. § 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) (``This provision [inserted in section 312] defines the terms `willful' and `repeated' for purposes of section 312, and for any other relevant section of the act (e.g., section 503).... As defined ...
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-273A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-273A1.pdf
  • 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 operated its Ubiquiti transceivers in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Utah Broadband and other U-NII operators to be mindful of these requirements or risk further enforcement action. The FCC agents observed the operation of the unauthorized U-NII transmission systems by Utah Broadband on October 5 and 6, 2010. Utah Broadband's violations were repeated because
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-306A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-306A1.pdf
  • U-NII devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although AT&T's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because AT&T operated them as U-NII devices on a U-NII frequency. Because this device is not authorized to be used on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands, the Rules do not require it to have DFS functionality when manufactured. Devices operating on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-279A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-279A1.pdf
  • U-NII devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although Argos's device was not authorized to operate in the U-NII bands, it is subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Argos operated them as U-NII devices on U-NII frequencies. There is only one FCC ID for the NanoStation5, SWX-NS5. This FCC ID is certified as a Part 15C device and is authorized to operate only in the 5745 MHz - 5825 MHz band. Although Argos's device was not authorized to operate in the U-NII band, it is subject to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-927A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-927A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-927A1.txt
  • Commission took steps to minimize the potential for these devices to cause interference to existing radiofrequency operations. Specifically, the Commission adopted requirements for U-NII devices in the 5.250-5.350 GHz and 5.470-5.725 GHz bands to employ DFS and Transmit Power Control (TPC). The Commission codified requirements for these U-NII devices in Part 15, Subpart E of its rules (47 C.F.R. § 15.401 et seq.). In the Report and Order, the Commission also provided an interim measurement procedure to be used by the Commission and others in determining whether U-NII devices comply with the rules. The Commission stated that the provisions of this test procedure would need to be modified as equipment was developed and as testing methodologies were refined. The Commission also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1808A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1808A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1808A1.txt
  • communications or signals by radio within the United States except under and in accordance with the Act and with a license. 47 U.S.C. § 301. 47 C.F.R. Part 15. Part 15, Subpart E of the Commission's Rules sets forth 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. 47 C.F.R. §§ 15.401-15.407. See Neptuno Networks, Inc., Notice of Apparent Liability for Forfeiture, File No. EB-06-SJ-022 (Jan. 23, 2007) (NAL) at ¶ 5, and generally for additional details regarding the Enforcement Bureau's investigation. Id. at ¶ 7. Id. See supra notes 1, 2. Public notice that the Applications had been accepted for filing was given on October 4, 2006. Wireless Telecommunications Bureau Site-By-Site
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.txt
  • 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 U-NII devices and were instead general Part 15 unlicensed intentional transmitters, Ayustar also apparently failed to comply with the power limits contained in Section 15.407(2) of the Rules. 47 C.F.R. § 15.407(2). Section 15.407(2) restricts output power in the 5.47-5.725 GHz band to 0.25 Watts. Pursuant to the U-NII rules,
• 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
  • 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 transceiver in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Rapidwave and other U-NII operators to be mindful of these requirements or risk further enforcement action. The FCC agent observed the operation of the unauthorized U-NII transmission system by Rapidwave on October 27 and 28, 2010. Rapidwave's violations were repeated because they occurred on
• 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
  • devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although Sling's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. §§ 15.401-15.407) because Sling operated them as U-NII devices on U-NII frequencies. Sling was also operating on the frequency 5745 MHz, a frequency for which the Rocket M5 is certified. Operation pursuant to section 15.247 of the Rules, however, must comply with the applicable power limits specified therein. 47 C.F.R. § 15.247. 47 C.F.R. § 15.205(a). See email from Aaron Tuttle, TDWR
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1314A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1314A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1314A1.txt
  • U-NII devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although Insight's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Insight operated them as U-NII devices on U-NII frequencies. 47 U.S.C. § 503(b). 47 U.S.C. § 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) (``This provision [inserted in section 312] defines the terms `willful' and `repeated' for purposes of section 312, and for any other relevant section of the act (e.g., section 503).... As defined ...
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-273A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-273A1.txt
  • 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 operated its Ubiquiti transceivers in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Utah Broadband and other U-NII operators to be mindful of these requirements or risk further enforcement action. The FCC agents observed the operation of the unauthorized U-NII transmission systems by Utah Broadband on October 5 and 6, 2010. Utah Broadband's violations were repeated because
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-306A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-306A1.txt
  • U-NII devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although AT&T's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because AT&T operated them as U-NII devices on a U-NII frequency. Because this device is not authorized to be used on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands, the Rules do not require it to have DFS functionality when manufactured. Devices operating on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-279A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-279A1.txt
  • U-NII devices as ``[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.''). Although Argos's device was not authorized to operate in the U-NII bands, it is subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Argos operated them as U-NII devices on U-NII frequencies. There is only one FCC ID for the NanoStation5, SWX-NS5. This FCC ID is certified as a Part 15C device and is authorized to operate only in the 5745 MHz - 5825 MHz band. Although Argos's device was not authorized to operate in the U-NII band, it is subject to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269874A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269874A1.pdf
  • 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). Neptuno was transmitting from two antennas, one horizontal and one vertical, on 5.230 GHz. See, e.g., 47 C.F.R. § 15.407. 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. 47 C.F.R. § 15.407(e). MSS stands for Mobile Satellite Service. See 47 C.F.R. § 15.403(t) for the definition of U-NII devices. See also 47 C.F.R. § 15.407 (general technical requirements for U-NII devices do not list 5.375 GHz). 47 C.F.R. §§ 15.201 et seq. See 47 C.F.R. § 15.209. Neptuno apparently failed to comply with Section 15.407 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294713A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294713A1.pdf
  • provides that ``[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 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 U-NII devices and were instead general Part 15 unlicensed intentional transmitters, Ayustar also apparently failed to comply with the power limits contained in Section 15.407(2) of the Rules. 47 C.F.R. § 15.407(2). Section 15.407(2) restricts output power in the 5.47-5.725 GHz band to 0.25 Watts. Pursuant to the U-NII rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-355A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-355A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-355A1.txt
  • 208 F.3d 1263, 1275-78 (11th Cir. 2000) (holding that Internet service is neither a cable service nor a telecommunications service) and MediaOne Group, Inc. v. County of Henrico, 97 F.Supp.2d 712, 714 (E.D. Va. 2000), appeal pending, 4th Cir. No. 00-1680 (concluding that cable modem service is a cable service). See 47 C.F.R. § 15.301 et seq.; 47 C.F.R. § 15.401 et seq. See also Second 706 Report at ¶ 55. See 47 U.S.C. § 151 (interstate and foreign communications by wire or radio); 47 U.S.C. § 521 et seq. (cable communications providers); 47 U.S.C. § 201 et seq. (common carriers); 47 U.S.C. § 332 (wireless telecommunications providers). Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-110A1.txt
  • shall comply with the DFS requirement specified in Section 15.407 of this part. Equipment authorized, imported or manufactured prior to these dates shall comply with the requirements for U-NII Equipment operating in the 5.25-5.35 GHz band that were in effect immediately prior to [60 days after publication of R&O in ET Docket No. 03-122 in the Federal Register]. ***** Section 15.401 is proposed to be amended as follows: §15.401 Scope. This subpart sets out the regulations for unlicensed National Information Infrastructure (U-NII) devices operating in the 5.15 - 5.35 GHz, 5.47 - 5.725 GHz and 5.725 - 5.825 GHz bands. ***** Section 15.403 is proposed to be revised to read as follows: §15.403 Definitions. (a) Access Point (AP). A U-NII transceiver
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-223A1.txt
  • replacement 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-287A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-287A1.txt
  • Register] 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 [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 this part. ***** Section 15.401 is amended as follows: §15.401 Scope. This subpart sets out the regulations for unlicensed National Information Infrastructure (U-NII) devices operating in the 5.15 - 5.35 GHz, 5.47 - 5.725 GHz and 5.725 - 5.825 GHz bands. ***** Section 15.403 is revised to read as follows: §15.403 Definitions. (a) Access Point (AP). A U-NII transceiver that operates either as a bridge
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-165A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-165A1.txt
  • replacement 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-265A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-265A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-265A1.txt
  • presentation dated Feb. 4, 2003. See Petition at 4. See Revision of Parts 2 and 15 of the Commission's Rules to 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
• http://transition.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.doc http://transition.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.pdf http://transition.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.txt
  • 208 F.3d 1263, 1275-78 (11th Cir. 2000) (holding that Internet service is neither a cable service nor a telecommunications service) and MediaOne Group, Inc. v. County of Henrico, 97 F.Supp.2d 712, 714 (E.D. Va. 2000), appeal pending, 4th Cir. No. 00-1680 (concluding that cable modem service is a cable service). See 47 C.F.R. § 15.301 et seq.; 47 C.F.R. § 15.401 et seq. See also Second 706 Report at ¶ 55. See 47 U.S.C. § 151 (interstate and foreign communications by wire or radio); 47 U.S.C. § 521 et seq. (cable communications providers); 47 U.S.C. § 201 et seq. (common carriers); 47 U.S.C. § 332 (wireless telecommunications providers). Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a
• http://transition.fcc.gov/eb/Orders/2010/DA-10-138A1.html
  • 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 U-NII devices and were instead general Part 15 unlicensed intentional transmitters, Ayustar also apparently failed to comply with the power limits contained in Section 15.407(2) of the Rules. 47 C.F.R. S: 15.407(2). Section 15.407(2) restricts output power in the 5.47-5.725 GHz band to 0.25 Watts. Pursuant to the U-NII rules,
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1311A1.html
  • 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 Ubiquiti transceiver in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Rapidwave and other U-NII operators to be mindful of these requirements or risk further enforcement action. 13. The FCC agent observed the operation of the unauthorized U-NII transmission system by Rapidwave on October 27 and 28, 2010. Rapidwave's violations were repeated because they occurred
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1312A1.html
  • devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although Sling's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. S:S: 15.401-15.407) because Sling operated them as U-NII devices on U-NII frequencies. Sling was also operating on the frequency 5745 MHz, a frequency for which the Rocket M5 is certified. Operation pursuant to section 15.247 of the Rules, however, must comply with the applicable power limits specified therein. 47 C.F.R. S: 15.247. 47 C.F.R. S: 15.205(a). See email from Aaron Tuttle, TDWR
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1314A1.html
  • U-NII devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although Insight's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Insight operated them as U-NII devices on U-NII frequencies. 47 U.S.C. S: 503(b). 47 U.S.C. S: 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision [inserted in section 312] defines the terms `willful' and `repeated' for purposes of section 312, and for any other relevant section of the act (e.g., section 503).... As defined ...
• http://transition.fcc.gov/eb/Orders/2011/DA-11-273A1.html
  • 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 have operated its Ubiquiti transceivers in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Utah Broadband and other U-NII operators to be mindful of these requirements or risk further enforcement action. 13. The FCC agents observed the operation of the unauthorized U-NII transmission systems by Utah Broadband on October 5 and 6, 2010. Utah Broadband's violations were repeated
• http://transition.fcc.gov/eb/Orders/2011/DA-11-306A1.html
  • U-NII devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although AT&T's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because AT&T operated them as U-NII devices on a U-NII frequency. Because this device is not authorized to be used on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands, the Rules do not require it to have DFS functionality when manufactured. Devices operating on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands,
• http://transition.fcc.gov/eb/Orders/2012/DA-12-279A1.html
  • U-NII devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although Argos's device was not authorized to operate in the U-NII bands, it is subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Argos operated them as U-NII devices on U-NII frequencies. There is only one FCC ID for the NanoStation5, SWX-NS5. This FCC ID is certified as a Part 15C device and is authorized to operate only in the 5745 MHz - 5825 MHz band. Although Argos's device was not authorized to operate in the U-NII band, it is subject to
• http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.doc http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.txt
  • 208 F.3d 1263, 1275-78 (11th Cir. 2000) (holding that Internet service is neither a cable service nor a telecommunications service) and MediaOne Group, Inc. v. County of Henrico, 97 F.Supp.2d 712, 714 (E.D. Va. 2000), appeal pending, 4th Cir. No. 00-1680 (concluding that cable modem service is a cable service). See 47 C.F.R. § 15.301 et seq.; 47 C.F.R. § 15.401 et seq. See also Second 706 Report at ¶ 55. See 47 U.S.C. § 151 (interstate and foreign communications by wire or radio); 47 U.S.C. § 521 et seq. (cable communications providers); 47 U.S.C. § 201 et seq. (common carriers); 47 U.S.C. § 332 (wireless telecommunications providers). Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html
  • Office South Central Region Enforcement Bureau 47 U.S.C. S 301; see also 47 C.F.R. SS 15.1(b), 15.407. 47 U.S.C. S 503(b). Neptuno was transmitting from two antennas, one horizontal and one vertical, on 5.230 GHz. See, e.g., 47 C.F.R. S 15.407. 47 U.S.C. S 301. See 47 C.F.R. SS 15.1 et seq. 47 C.F.R. S 15.1(b). See 47 C.F.R. S 15.401 et seq. 47 C.F.R. S 15.407(e). MSS stands for Mobile Satellite Service. See 47 C.F.R. S 15.403(t) for the definition of U-NII devices. See also 47 C.F.R. S 15.407 (general technical requirements for U-NII devices do not list 5.375 GHz). 47 C.F.R. SS 15.201 et seq. See 47 C.F.R. S 15.209. Neptuno apparently failed to comply with Section 15.407 of
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-294713A1.html
  • provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." 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 U-NII devices and were instead general Part 15 unlicensed intentional transmitters, Ayustar also apparently failed to comply with the power limits contained in Section 15.407(2) of the Rules. 47 C.F.R. S: 15.407(2). Section 15.407(2) restricts output power in the 5.47-5.725 GHz band to 0.25 Watts. Pursuant to the U-NII rules,
• http://www.fcc.gov/eb/Orders/2010/DA-10-138A1.html
  • 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 U-NII devices and were instead general Part 15 unlicensed intentional transmitters, Ayustar also apparently failed to comply with the power limits contained in Section 15.407(2) of the Rules. 47 C.F.R. S: 15.407(2). Section 15.407(2) restricts output power in the 5.47-5.725 GHz band to 0.25 Watts. Pursuant to the U-NII rules,
• http://www.fcc.gov/eb/Orders/2011/DA-11-1311A1.html
  • 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 Ubiquiti transceiver in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Rapidwave and other U-NII operators to be mindful of these requirements or risk further enforcement action. 13. The FCC agent observed the operation of the unauthorized U-NII transmission system by Rapidwave on October 27 and 28, 2010. Rapidwave's violations were repeated because they occurred
• http://www.fcc.gov/eb/Orders/2011/DA-11-1312A1.html
  • devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although Sling's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. S:S: 15.401-15.407) because Sling operated them as U-NII devices on U-NII frequencies. Sling was also operating on the frequency 5745 MHz, a frequency for which the Rocket M5 is certified. Operation pursuant to section 15.247 of the Rules, however, must comply with the applicable power limits specified therein. 47 C.F.R. S: 15.247. 47 C.F.R. S: 15.205(a). See email from Aaron Tuttle, TDWR
• http://www.fcc.gov/eb/Orders/2011/DA-11-1314A1.html
  • U-NII devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although Insight's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Insight operated them as U-NII devices on U-NII frequencies. 47 U.S.C. S: 503(b). 47 U.S.C. S: 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision [inserted in section 312] defines the terms `willful' and `repeated' for purposes of section 312, and for any other relevant section of the act (e.g., section 503).... As defined ...
• http://www.fcc.gov/eb/Orders/2011/DA-11-273A1.html
  • 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 have operated its Ubiquiti transceivers in excess of permissible power limitations. Similarly, sections 15.401 through 15.407 of the Rules set out the parameters concerning operation of U-NII devices. We caution Utah Broadband and other U-NII operators to be mindful of these requirements or risk further enforcement action. 13. The FCC agents observed the operation of the unauthorized U-NII transmission systems by Utah Broadband on October 5 and 6, 2010. Utah Broadband's violations were repeated
• http://www.fcc.gov/eb/Orders/2011/DA-11-306A1.html
  • U-NII devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although AT&T's devices were not authorized to operate in the U-NII bands, they are subject to the U-NII rules (47 C.F.R. 15.401-15.407) because AT&T operated them as U-NII devices on a U-NII frequency. Because this device is not authorized to be used on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands, the Rules do not require it to have DFS functionality when manufactured. Devices operating on the 5.25 - 5.35 GHz and 5.47 - 5.725 GHz frequency bands,
• http://www.fcc.gov/eb/Orders/2012/DA-12-279A1.html
  • U-NII devices as "[i]ntentional radiators operating in the frequency bands 5.15-5.35 GHz and 5.470-5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions."). Although Argos's device was not authorized to operate in the U-NII bands, it is subject to the U-NII rules (47 C.F.R. 15.401-15.407) because Argos operated them as U-NII devices on U-NII frequencies. There is only one FCC ID for the NanoStation5, SWX-NS5. This FCC ID is certified as a Part 15C device and is authorized to operate only in the 5745 MHz - 5825 MHz band. Although Argos's device was not authorized to operate in the U-NII band, it is subject to