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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of CMARR, Inc. San Juan, PR ) ) ) ) ) ) ) File No:
   EB-FIELDSCR-13-00011740 NAL/Acct. No.: 201432680004 FRN: 0018774943




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: June 24, 2014 Released: June 24, 2014

   By the Resident Agent, San Juan Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. We propose a penalty of $25,000 against CMARR, Inc. (CMARR), for
       apparently willfully interfering with a Federal Aviation
       Administration (FAA) weather radar in San Juan, Puerto Rico, by
       operating radio transmitters without a license. Given the risk to
       public safety created by CMARR's unlicensed operations, and the fact
       that CMARR had already received a warning for similar violations,
       these actions warrant a significant penalty.

    2. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that CMARR, operator of an Unlicensed National Information
       Infrastructure (U-NII) transmission system in San Juan, Puerto Rico,
       apparently willfully and repeatedly violated Sections 301 and 333 of
       the Communications Act of 1934, as amended (Act),^ by causing
       interference to the FAA by operating an intentional radiator without a
       license. We conclude that CMARR is apparently liable for forfeiture in
       the amount of twenty-five thousand dollars ($25,000).

   II. BACKGROUND

    3. As part of its ongoing coordination efforts with the FAA, the
       Enforcement Bureau received a complaint about radio emissions causing
       interference to the FAA's Terminal Doppler Weather Radar (TDWR)
       installation serving the San Juan International Airport. TDWR
       installations exist at 45 major airports in the United States and
       Puerto Rico and assist air traffic controllers in detecting
       low-altitude wind shear that can pose a risk to aircraft.^ The TDWR
       serving the San Juan International Airport operates on the center
       frequency of 5610 MHz.

    4. On November 13, 2013, in response to an FAA complaint of interference,
       an agent from the Enforcement Bureau's San Juan Office (San Juan
       Office) monitored radio transmissions on the frequency 5610 MHz in the
       San Juan area, which were originating on an azimuth of 129 degrees
       true north from the TDWR site, the same direction as the source of the
       interference reported by the FAA. On November 13 and 18, 2013, the
       agent, using direction-finding techniques, identified the source of
       the transmissions on 5610 MHz as the rooftop of the RP Auto Parts
       Store on Pineiro Avenue in San Juan. On November 18, 2013, the agent,
       accompanied by CMARR's owner, conducted an inspection of the rooftop
       and found that the transmissions on 5610 MHz were not present. CMARR's
       owner confirmed that all of the transmitters on the rooftop belonged
       to CMARR and that the highest transmitter on a tower on the rooftop,
       an Ubiquiti Rocket model M5, had been transmitting on 5610 MHz. He
       also stated that the transmitter had been retuned away from 5610 MHz
       minutes before the agent arrived at approximately 3:15 P.M. The agent
       subsequently learned that the FAA reported the interference to the
       TDWR serving the San Juan Airport ceased between 3:10 and 3:22 P.M. on
       November 18, 2013, thus confirming that CMARR's device was the source
       of the interference.^

    5. The Rocket M5 model is certified for use as a Part 15 intentional
       radiator only in the 5745-5825 MHz band^ and is not certified as a
       U-NII intentional radiator.^ According to Commission records, CMARR
       does not hold a license to operate on 5610 MHz from this location in
       San Juan, Puerto Rico.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty.^ Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law.^ The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act,^ and
       the Commission has so interpreted the term in the Section 503(b)
       context.^  The Commission may also assess a forfeiture for violations
       that are merely repeated, and not willful.^  The term "repeated" means
       the commission or omission of such act more than once or for more than
       one day.^

   A. Willful Interference with FAA Weather Radar

    7. Section 333 of the Act prohibits any person from willfully or
       maliciously interfering with or causing interference to any radio
       communications of any licensed station.^ The evidence is sufficient to
       find that CMARR apparently willfully interfered with the FAA's TDWR
       serving the San Juan International Airport, because it was on notice
       that its actions could cause harmful interference. In response to a
       complaint of interference from the FAA, on November 6, 2013, an agent
       from the San Juan Office warned CMARR's owner verbally that its
       unlicensed operations from the roof of the Cobian Plaza Condo Building
       in San Juan Puerto Rico were causing interference to the FAA's weather
       radar and must stop. The agent determined CMARR operated an Ubiquiti
       Rocket M5 on 5610 MHz, and CMARR's owner confirmed the operations.
       Therefore, on November 13 and 18, 2013, CMARR was aware that operating
       an Ubiquiti Rocket M5 on 5610 MHz, the center frequency of the TDWR,
       could cause harmful interference to the FAA's weather radar. An agent
       from the San Juan Office determined and CMARR admits that it operated
       an Ubiquiti Rocket M5 on 5610 MHz on the rooftop of the RP Auto Parts
       Store, and its operations did in fact interfere with the TDWR. Thus,
       based on the evidence before us, we find that CMARR apparently
       willfully and repeatedly violated Section 333 of the Act by willfully
       interfering with the FAA's weather radar.

   B. Unlicensed Operation of U-NII Intentional Radiator

    8. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license.^ Part 15 of the
       Commission's rule (Rules),^ however, sets forth conditions under which
       intentional radiators may operate without an individual license.
       Pursuant to Section 15.1(b) of the Rules, "the operation of an
       intentional or unintentional radiator that is not in accordance with
       the regulations in [Part 15] must be licensed pursuant to the
       provisions of Section 301 of the Communications Act...."^ Thus, if an
       intentional radiator fails to comply with the conditions set forth in
       its equipment authorization,^ the operation is no longer covered under
       the unlicensed provisions of those Rules and must obtain an individual
       license pursuant to Section 301 of the Act.

    9. On November 13 and November 18, 2013, as described above, an agent
       from the San Juan Office observed CMARR operate a Part 15 intentional
       radiator, a Ubiquity Rocket M5, on the center frequency of 5610 MHz
       from the rooftop of the RP Auto Parts Store in San Juan, Puerto Rico.
       The device is not certified for use on the frequency 5610 MHz.
       Therefore, CMARR's operations did not comply either with the device's
       Equipment Authorization or Part 15 requirements and thus required a
       license. According to Commission records, CMARR does not hold a
       license to operate on the frequency of 5610 MHz in San Juan, Puerto
       Rico. Thus, based on the evidence before us, we find that CMARR
       apparently willfully and repeatedly violated Section 301 of the Act by
       operating an unlicensed radio transmitter on November 13 and 18, 2013.

   C. Proposed Forfeiture

   10. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for interference is
       $7,000 and operation without an instrument of authorization is
       $10,000.^ In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in Section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, any history of prior offenses,
       ability to pay, and other such matters as justice may require.^ The
       fact that CMARR operated an unlicensed transmitter and created a
       safety hazard by causing interference to the FAA's weather radar after
       being put on notice that its actions could cause harmful interference
       and violated the Act demonstrates an egregious and deliberate
       disregard for the Commission's requirements. Thus, we find that an
       upward adjustment in the base forfeiture amounts of $8,000 is
       warranted.^ ^

   11. Although we could impose larger upward adjustments for CMARR's
       apparent violations, we decline to do so, based on the particular
       circumstances of this case. We caution CMARR and other U-NII service
       providers, however, that we may do so in future cases if the
       circumstances warrant or if our current approach does not serve as a
       sufficient deterrent. Applying the Forfeiture Policy Statement,
       Section 1.80 of the Rules, and the statutory factors to the instant
       case, we therefore conclude that CMARR is apparently liable for a
       total forfeiture of $25,000 for violations of Section 301 and 333 of
       the Act.

   IV.  ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Sections 0.111, 0.311, 0.314 and 1.80 of the Rules, CMARR,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of twenty-five thousand dollars ($25,000) for violations of
       Sections 301 and 333 of the Act.^

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order,  CMARR, Inc. SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   14. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account Number
       and FRN referenced above. CMARR, Inc. shall also send electronic
       notification on the date said payment is made to
       SCR-Response@fcc.gov. Regardless of the form of payment, a completed
       FCC Form 159 (Remittance Advice) must be submitted.^ When completing
       the FCC Form 159, enter the Account Number in block number 23A (call
       sign/other ID) and enter the letters "FORF" in block number 24A
       (payment type code).   Below are additional instructions you should
       follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   15. Any request for making full payment over time under an installment
       plan should be sent to:  Chief Financial Officer--Financial
       Operations, Federal Communications Commission, 445 12th Street, S.W.,
       Room 1-A625, Washington, D.C.  20554.^  If you have questions
       regarding payment procedures, please contact the Financial Operations
       Group Help Desk by phone, 1-877-480-3201, or by e-mail,
       ARINQUIRIES@fcc.gov.

   16. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, #150 Carlos Chardon St., US Federal Building Room 762
       San Juan, PR 00918-1731 and must include the NAL/Acct. No. referenced
       in the caption. The statement should also be emailed to
       SCR-Response@fcc.gov.

   17. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices (GAAP); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   18. 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 first class mail, to CMARR, Inc. at POB 21377, San
       Juan, PR00928.

   FEDERAL COMMUNICATIONS COMMISSION

   Reuben Jusino

   Resident Agent

   San Juan, PR

   ^ 47 U.S.C. SS 301, 333.

   ^ MIT Lincoln Laboratories,
   http://www.ll.mit.edu/mission/aviation/faawxsystems/tdwr.html (last
   visited Jan. 26, 2011).

   ^ U-NII operators located within 35 km or line of sight of a TDWR
   installation have been urged to implement a 30 MHz guardband around the
   TDWR center operating frequency, to prevent interference to the TDWR. See
   Memorandum  from Julius Knapp, Chief, Office of Engineering and
   Technology, FCC, and P. Michele Ellison, Chief, Enforcement Bureau, FCC,
   to Manufacturers and Operators of Unlicensed 5 GHz Outdoor Network
   Equipment Re: Elimination of Interference to Terminal Doppler Weather
   Radar (TDWR) (dated July 27, 2010), available at
   http://transition.fcc.gov/eb/uniitdwr.pdf (last visited April 27, 2013).
   The RP Auto Parts Store is less than 15 km from the TDWR serving the San
   Juan International Airport.

   ^ Agents from the San Juan Office were unable to determine the FCC IDs for
   the Rocket M5's in use. However, there are five FCC IDs associated with
   Ubiquiti Rocket M5 devices: SWX-M5, SWX-M5B, SWX-M5G, SWX-M5L and SWX-M5D.
   All of these FCC IDs are certified as Part 15C devices and are authorized
   to operate only in the 5745 MHz - 5825 MHz band.

   ^ 47 C.F.R. S 15.403(s) (defining 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 CMARR'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 CMARR 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, 97^th 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[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   ^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).

   ^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   ^ Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, 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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   ^ 47 U.S.C. S 333.

   ^ 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 15.201(b) (providing that all intentional radiators
   operating under Part 15 of the Rules be certificated by the Commission).
   The Commission issues equipment authorizations for such devices, which set
   forth relevant conditions for the grant.

   ^ The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 503(b)(2)(E).

   ^ See, e.g., Estevan J. Gutierrez, Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 12542 (Enf. Bur. 2011) (upwardly adjusted $17,000
   base forfeiture amounts for violations of Sections 301 and 333 to $25,000
   because of threats and interference to public safety); Gabriel A. Garcia,
   Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 3750 (Enf. Bur.
   2011) (upward adjustment warranted for unlicensed operation, with full
   knowledge that such activity violated the Act, which resulted in
   interference to public safety radio operations).

   ^ 47 U.S.C. SS 301, 333, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80.

   ^  An FCC Form 159 and detailed instructions for completing the form may
   be obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^  See 47 C.F.R. S 1.1914.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 14-863

                                       2

   Federal Communications Commission DA 14-863