Miami-Dade County Interference Investigation
The Federal Communications Commission's Enforcement Bureau issued a Notice of Unlicensed Operation and Notification of Harmful Interference to Nexogy, Inc. of Coral Gables, Florida, under Case Number EB-FIELDSCR-22-00033669. The enforcement action follows an official complaint from Miami-Dade County regarding radio interference affecting the 5945 MHz frequency in Miami, Florida.
On April 28, 2022, agents from the Enforcement Bureau's Miami Office conducted an on-site investigation. The agents tracked the source of interference affecting Miami-Dade County to a wideband signal centered on 5950 MHz. The signal was traced to a Mimosa B5c transmitter operated by Nexogy, Inc. and located at 9066 SW 73rd Ct., Miami, FL 33156. After FCC agents notified Nexogy, Inc. of the issue, the company powered down the transmitter, and agents confirmed that the interference ceased immediately thereafter.
Part 15 Authorization and Frequency Non-Compliance
Under Section 301 of the Communications Act of 1934, as amended (47 U.S.C. § 301), radio stations must obtain an FCC license unless operating under specific rules such as Part 15, which permits unlicensed operation only when transmitters strictly comply with technical standards and equipment authorizations. Section 15.201(b) mandates that intentional radiators must be certified, and Section 15.1(c) prohibits operation inconsistent with a device's certification.
The FCC's investigation confirmed that the Mimosa B5c transmitter carried FCC ID: 2ABZJ-100-00014PS and was certified as a Part 15 device. However, FCC records establish that the device is authorized to operate exclusively across designated frequency ranges. Operating on 5950 MHz fell outside these certified parameters, and the Commission possessed no record of any license issued to Nexogy, Inc. to transmit on 5950 MHz in Miami, Florida.
- 5165 – 5249 MHz
- 5260 – 5320 MHz
- 5500 – 5700 MHz
- 5745 – 5825 MHz
Statutory Obligations and Directives
The notice emphasized that even if the equipment had been authorized for 5950 MHz, Part 15 operation is strictly contingent upon not causing harmful interference pursuant to 47 CFR § 15.5(c). Harmful interference is defined under 47 CFR § 15.3(m) as any emission that endangers safety services or seriously degrades, obstructs, or repeatedly interrupts authorized radio communication services.
The FCC warned that unlicensed operation in violation of Section 301 of the Act subjects responsible parties to potential enforcement measures, including substantial monetary penalties, seizure of equipment via in rem arrest action, and criminal sanctions under 47 U.S.C. §§ 401, 501, 503, and 510. The Bureau ordered Nexogy, Inc. to ensure unauthorized transmissions and associated harmful interference cease permanently and gave the company ten days from the notice date to submit a written response detailing corrective measures to prevent future unlicensed operations.