On top of that, as I recall the story when it first came out, they thumbed their noses at everyone that told them to knock it off.
Basically, if this is the same company, they were jerks to everyone and deserved to get whacked pretty hard. marlon ----- Original Message ----- From: Jack Unger To: WISPA General List Sent: Monday, March 15, 2010 11:31 AM Subject: Re: [WISPA] FCC Enforcements Randy, Thanks for the copy and paste. What happened is that the WISP took a 5.8 GHz Motorola and re-tuned it for the 5470-5725 MHz band. Therefore they were using it on a band that it was not certified to operate on thus they were using a radio that was not certified on the frequency that they were using it on. The FCC language is just the legal way to describe what was taking place. To operate a radio on 5.60 GHz, they would legally have to be using a) a radio that was certified for the 5470-5725 MHz band, or b) a radio that was licensed to be operating on 5.60 GHz (for example, a TDWR system). Since neither (a) nor (b) was true, they were operating illegally. If they had been using a legally certified Part-15, license-free, 5470-5725 MHz radio, they would still have been asked to exclude 5.60 GHz (because it was interfering with the TDWR) but they would not have been in violation of the law. jack Randy Cosby wrote: Maybe I read too much into it, but here it he language I was referring to. * Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 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. 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). All intentional radiators, such as your U-NII device, operating pursuant to Part 15 of the FCC's rules must be certified for use as a Part 15 device. 47 C.F.R. S: 15.201(b). The Motorola Canopy device, model # 5700BH20, FCC ID ABZ89F-C5804, is not authorized for use on frequency 5.60 GHz. Accordingly, you are not in compliance with the requirements of Part 15 of the FCC's rules. Therefore, your operations must be licensed by the FCC.*The FCC has no record of a license being issued to you to operate a transmitter on 5.61 GHz from your location.*Thus, this station is operating in violation of 47 U.S.C. S: 301. http://www.fcc.gov/eb/FieldNotices/2003/DOC-290775A1.html On 3/15/2010 12:16 PM, Jack Unger wrote: I don't recall hearing or reading that but I don't have a photographic memory (at least not anymore). Can you cut and paste a copy of the language that you are referring to? Randy Cosby wrote: In the enforcement letters, it mentions licensing some of the 5.4 frequencies. Is that really even an option? Randy On 3/13/2010 9:50 AM, Jack Unger wrote: That requirement was done several years ago to avoid military radars. Kurt Fankhauser wrote: If this radar operates at 5600-5650 why does the FCC now require the DFS on 5300mhz ??? Kurt Fankhauser WAVELINC P.O. Box 126 Bucyrus, OH 44820 419-562-6405 www.wavelinc.com -----Original Message----- From:wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Jack Unger Sent: Friday, March 12, 2010 2:42 PM To: WISPA General List Cc: WISPA's FCC Committee Subject: Re: [WISPA] FCC Enforcements Eric, That is a very responsible position to take. The database doesn't exist yet. Final definition and creation of it is being worked on right now by the Industry Group (Motorola, Cisco, Atheros, Intel, WISPA and others). WISPA and the FCC Committee will be helping with industry outreach and education so we will alert you (and as many other operators as possible) on-list when there are major developments and when the database is ready. Let me know which TDWR site you are near and I'll find out what frequency they are using so you can remain 30 MHz away from it. jack (Chair - WISPA FCC Committee) Eric Rogers wrote: Jack, Who do I contact to get on the list? I am like 5 miles from one of the TDWR radar sites. We are using Motorola 5.4 with 9.5 so it supposedly has more updated signatures. I would rather get on the list voluntarily than they find me. Eric From:wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Jack Unger Sent: Friday, March 12, 2010 2:00 PM To:nstooke...@wisperisp.com; WISPA General List Subject: Re: [WISPA] FCC Enforcements The FAA and NTIA want all outdoor operators to 1) verify if within 35 km, 2) if within 35 km, register your equipment and contact information in a (voluntary) database so they know who to contact if there is an interference problem, and 3) use channels that are more than 30 MHz away from the single-frequency that the nearby TDWR uses. jack Nathan Stooke wrote: Hello, So in those areas they want no 5.2 or 5.4 at all or only in the already blocked out part of the 5.4 band? Thanks -----Original Message----- From:wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Brian Webster Sent: Friday, March 12, 2010 9:53 AM To: 'WISPA General List' Subject: Re: [WISPA] FCC Enforcements And here is a Google Earth file for the areas they want protected around these radar sites. Thank You, Brian Webster -----Original Message----- From:wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Kurt Fankhauser Sent: Friday, March 12, 2010 9:01 AM To: 'WISPA General List' Subject: Re: [WISPA] FCC Enforcements http://en.wikipedia.org/wiki/Terminal_Doppler_Weather_Radar Attached is a map of TDWR locations in the United States. From what I read the radar has a range of 460 kilometers. Kurt Fankhauser WAVELINC P.O. Box 126 Bucyrus, OH 44820 419-562-6405 www.wavelinc.com -----Original Message----- From:wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Blair Davis Sent: Friday, March 12, 2010 3:26 AM To:wa4...@arrl.net; WISPA General List Subject: Re: [WISPA] FCC Enforcements A thing to note... All these enforcement actions were taken because of interference with licensed users.... Lessons I get from them... 1) Stay off the 5.4GHz band 2) Keep your EIRP down 3) Check your installations for out of band emissions. Leon D. Zetekoff wrote: Was going through recent enforcement actions and came across these: http://www.fcc.gov/eb/FieldNotices/2003/DOC-296094A1.html http://www.fcc.gov/eb/FieldNotices/2003/DOC-290776A1.html http://www.fcc.gov/eb/FieldNotices/2003/DOC-290775A1.html Make sure you are legal. You never know when a surprise can happen. Leon ------------------------------------------------------------------------ ---- ---- WISPA Wants You! 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Join today! http://signup.wispa.org/ ------------------------------------------------------------------------ -------- WISPA WirelessList:wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives:http://lists.wispa.org/pipermail/wireless/ -- Jack Unger - President, Ask-Wi.Com, Inc. Network Design - Technical Training - Technical Writing Serving the Broadband Wireless, Networking and Telecom Communities since 1993 www.ask-wi.com 818-227-4220jun...@ask-wi.com -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List:wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives:http://lists.wispa.org/pipermail/wireless/ -- Jack Unger - President, Ask-Wi.Com, Inc. Network Design - Technical Training - Technical Writing Serving the Broadband Wireless, Networking and Telecom Communities since 1993 www.ask-wi.com 818-227-4220jun...@ask-wi.com -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- Jack Unger - President, Ask-Wi.Com, Inc. Network Design - Technical Training - Technical Writing Serving the Broadband Wireless, Networking and Telecom Communities since 1993 www.ask-wi.com 818-227-4220 jun...@ask-wi.com ------------------------------------------------------------------------------ -------------------------------------------------------------------------------- WISPA Wants You! 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