FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013 Page: 40
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operate without an individual license.3 Pursuant to Section 15.1(b) of the Rules, however, "operation
of an intentional ... radiator that is not in accordance with the regulations in this part must be licensed.
..."24 Thus, if an intentional radiator fails to comply with the conditions set forth in its equipment
authorization,25 the operation is no longer covered by the unlicensed provisions of Part 15 and must be
licensed pursuant to Section 301 of the Act.
7. On January 10 and 12, 2012, agents from the Denver District Office observed Directlink
operating a Part 15 intentional radiator - a Ubiquiti Rocket M5 - on the center frequency of 5630 MHz
with a bandwidth of 40 MHz from the Red Fox Circle communications site in Elizabeth, Colorado. On
January 12, 2012, a representative from Directlink remotely modified the operating frequency of this site.
The Agents confirmed with the FAA that the frequency change corrected the interference from this
identified U-Nil transmission system. The U-NII system utilized transceiver module model Rocket M5,
an intentional radiator manufactured by Ubiquiti Networks, Inc.26 The FCC Equipment Authorization for
the Ubiquiti Rocket M5 transceiver limits the device to a frequency range of 5745 MHz to 5825 MHz.27
During the investigation, however, the FCC agents observed that the transceiver was operating with a
bandwidth of 40 MHz on a center frequency of 5630 MHz, a channel outside the authorized frequency
range. As the inspection continued on January 12, 2012, the FCC agents also observed - and a
Directlink representative acknowledged - that the transceiver was not operating with DFS functionality.
8. Pursuant to its Equipment Authorization, the Ubiquiti Rocket M5 transceiver is an
intentional radiator, certified for use pursuant to Part 15, Subpart C of the Rules (Intentional Radiators).
By operating on frequency 5630 MHz, Directlink did not comply with the equipment authorization, and,
as a result, the Part 15 exception for unlicensed operation no longer applies, and a license is required
under Section 301. According to Commission records, Directlink does not hold a license to operate on
the center frequency of 5630 MHz in Elizabeth, Colorado. Thus, based on the evidence before us, we
find that Directlink apparently willfully and repeatedly violated Section 301 of the Act and Section
15.1(b) of the Rules by operating an unlicensed radio transmitter.28
B. Use of Unauthorized U-NI Device
9. Section 15.201(b) of the Rules29 provides that all intentional radiators operating under
Part 15 shall be certificated by the Commission. Section 15.1(c) of the Rules30 states that the operation
of an intentional radiator that is not in compliance with the administrative and technical provisions in
that part is prohibited. Section 302(b) of the Act provides that "[n]o person shall ... use devices which
fail to comply with the regulations promulgated pursuant to this section.'"' Consequently, the operation
of an intentional radiator in a manner inconsistent with the Part 15 Rules is a violation of Section 302(b)
of the Act. As discussed above, the Ubiquiti Rocket M5 device used by Directlink was found operating
2See 47 C.F.R. 15.1 et seq.
24 47 C.F.R. 15.1(b) (emphasis added).
25 See supra note 7.
" See supra note 12.
2" See supra note 13.
2 See supra note 14.
29 47 C.F.R. 15.201(b).
w 47 U.S.C. 302a(b); 47 C.F.R. 15.1(c).
31 47 U.S.C. 302a(b).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013, book, January 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171173/m1/55/: accessed July 19, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.