Investigation and Technical Background
On April 23, 2010, the Federal Communications Commission's Enforcement Bureau adopted an Order and Consent Decree terminating an investigation into Axxcelera Broadband Wireless, Inc. (File No. EB-09-SE-127). The inquiry focused on potential violations of Section 302(b) of the Communications Act of 1934, as amended, along with Sections 2.803(a)(1) and 15.407(h)(2) of the Commission's Rules regarding the marketing of unlicensed National Information Infrastructure (U-NII) equipment.
Under FCC rules, U-NII devices operating in the 5.25-5.35 GHz and 5.47-5.725 GHz frequency bands are required to include a Dynamic Frequency Selection (DFS) radar detection mechanism to prevent harmful interference to radar systems. The Bureau initiated its inquiry via a Letter of Inquiry on July 30, 2009, regarding the ABMAX U-NII device.
Axxcelera received equipment authorization for the ABMAX device on November 6, 2008. In its September 14, 2009 response to the Bureau, the company stated that during a routine quality audit in May 2009, it discovered degraded DFS performance across certain ABMAX units. Axxcelera immediately halted shipments and determined that the issue stemmed from variations in the production version of a subcontractor chip used in the radio receiver chain.
Remedial Actions and Settlement Terms
To resolve the matter, Axxcelera implemented corrective technical measures and agreed to specific compliance terms outlined in the Consent Decree.
As part of the settlement, Axxcelera agreed to make a voluntary contribution of $5,000 to the United States Treasury within 30 days of the effective date of the Order.
- Distribution of a firmware upgrade to all United States customers to correct the DFS radar detection degradation, alongside verification of installation.
- Designation of a Compliance Officer within 30 days to administer an ongoing Compliance Plan.
- Establishment of training programs regarding 47 C.F.R. Parts 2 and 15 compliance within 90 days, repeated annually for relevant marketing and distribution personnel.
- Submission of written compliance reports and certifications to the Enforcement Bureau at intervals of 90 days, 12 months, and 24 months following the effective date.
- A 24-month operational term for the requirements set forth in the Consent Decree.
Bureau Order and Case Disposition
In the Order (DA 10-689), released April 26, 2010, the Spectrum Enforcement Division concluded that adopting the Consent Decree serves the public interest. The Bureau determined that in the absence of new material evidence, the inquiry raised no substantial or material questions of fact concerning Axxcelera's basic qualifications or character to hold FCC authorizations, and officially terminated the investigation.