Unauthorized Operation and Radar Interference
On February 7, 2014, the Federal Communications Commission Enforcement Bureau adopted a Forfeiture Order assessing a $20,000 fine against Rapidwave, LLC, located in Saratoga Springs, Utah. The enforcement action resolves violations of Sections 301 and 302(b) of the Communications Act of 1934, as amended, along with Sections 15.1(b) and 15.1(c) of the Commission's rules regarding the operation of an intentional radiator contrary to Part 15 regulations and its equipment authorization.
The investigation began on October 27 and October 28, 2010, when agents from the Enforcement Bureau's Denver Office responded to reports of radio interference affecting the Federal Aviation Administration (FAA) Terminal Doppler Weather Radar (TDWR) serving Salt Lake City International Airport. Using direction-finding techniques, agents identified unauthorized radio emissions on 5600 MHz originating from a Rapidwave transmitter at the Lake Mountain communications site.
Equipment Certification and Dynamic Frequency Selection Non-Compliance
The transmitter causing the interference was identified as a Ubiquiti Networks XtremeRange5 transceiver. The equipment was operating on frequencies for which it was not certified and without Dynamic Frequency Selection (DFS) capability.
Under Commission rules, devices operating in the 5.25–5.35 GHz and 5.47–5.725 GHz frequency ranges must employ DFS functionality to detect nearby radar systems and avoid co-channel interference with FAA radar operations.
- Device FCC ID: SWX-XR5 (Ubiquiti Networks XtremeRange5).
- Equipment Grant Date: Issued on February 16, 2007, by MET Laboratories, Inc.
- Certified Operating Range: Certified as a Part 15 intentional radiator only within the 5745.0–5825.0 MHz band.
- Observed Operation: Transmitting on 5600 MHz without required DFS radar detection functionality.
Forfeiture Assessment and Reduction Analysis
The Enforcement Bureau previously issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $25,000 penalty. Rapidwave responded by requesting cancellation or reduction of the forfeiture, arguing that the $10,000 upward adjustment for single-device operation was unwarranted, claiming an inability to pay, arguing a low degree of culpability, and citing a clean compliance record.
The Bureau rejected the challenge to the upward adjustment, confirming that a $10,000 increase is standard practice in cases involving interference to FAA TDWR installations regardless of whether one or multiple devices are involved. The Bureau also determined that Rapidwave's gross revenues did not support a reduction based on inability to pay and that Rapidwave's culpability remained clear. However, the Bureau granted a $5,000 reduction based on Rapidwave's history of overall compliance, setting the final forfeiture at $20,000.
Payment and Compliance Terms
Under the terms of the Forfeiture Order (DA 14-139), Rapidwave must pay the full $20,000 penalty within thirty calendar days of the release date using check, money order, wire transfer, or credit card alongside FCC Form 159. Failure to comply may result in the matter being referred to the U.S. Department of Justice for collection under Section 504(a) of the Communications Act.