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HiPoint Technology Services Inc., Chicago, IL

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Released: December 13, 2012

FEDERAL COMMUNICATIONS COMMISSION

ENFORCEMENT BUREAU

Northeast Region

Chicago District Office

1550 North Northwest Highway, Room 306
Park Ridge, Illinois 60068
(847) 813-4660
December 13, 2012
Via Certified Mail Return Receipt and Regular Mail
HiPoint Technology Services Inc.
Chicago, Illinois

NOTICE OF UNLICENSED OPERATION AND

NOTIFICATION OF HARMFUL INTERFERENCE

Case Number: EB-FIELDNER-12-00005506
Document Number: W201332320001
On November 29, 2012, an agent from the Enforcement Bureau’s Chicago Office responded to information
provided by the Federal Aviation Administration (FAA) that the Terminal Doppler Weather Radar (TDWR)
that serves the Chicago Midway airport had been receiving interference in the 5600-5650 MHz band. The
agent confirmed by direction finding techniques that radio emissions with a 40 MHz bandwidth centered on
frequency 5620 MHz were emanating from the rooftop of the Granville Beach Condominiums, 6171
North Sheridan Road East, Chicago, Illinois, the location of one of your Unlicensed National Information
Infrastructure (U-NII) Ubiquity devices, model Rocket M5 with FCC ID SWX-M5 (Ubiquiti Rocket M5). On
November 29, 2012, the agent contacted you and informed you of the interference problem. When the center
frequency of your U-NII device was moved out of the TDWR operational band, the interference to the TDWR
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.
The Ubiquiti Rocket M5 device is not authorized for use on 5620 MHz.1 Accordingly, your operation of the
Ubiquiti Rocket M5 device on frequency 5620 MHz does not comply with the requirements of Part 15 of the
Commission’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 5620 MHz from 6171 North Sheridan Road East, Chicago,
Illinois. Thus, your operation was in violation of 47 U.S.C. § 301.


1 According to its equipment authorization, the Ubiquiti Rocket M5 device, FCC ID SWX-M5, is authorized
pursuant to Section 15.247 of the Commission’s rules to operate only in the 5745 to 5825 MHz band.
See 47 C.F.R. § 15.247.

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 hereby notified that your Ubiquiti Rocket M5 device operating on 5620 MHz was causing harmful
interference to the TDWR at the Chicago Midway airport and that your operation of this device must not
resume, until the interference can be resolved. You are also hereby 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 5620 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 Chicago Midway airport. Your response should be sent to
the address in the letterhead and reference the listed case 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.
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau

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