Before the DC 20554 In the Matter of ) ) Towerstream Corporation ) File No.: EB-FIELDSCR-12-00004486 ) File No.: EB-FIELDNER-12-00004796 Middletown, Rhode Island ) NAL/Acct. No.: 201332600006 ) FRN: 0015467749 ) ) CONSENT DECREE The Enforcement Bureau of the Federal Communications Commission and Towerstream Corporation (Towerstream), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether Towerstream violated Sections 301 and 333 of the Communications Act of 1934, as amended, by operating radio transmitters, including Unlicensed National Information Infrastructure (U-NII) transmission systems, without a license and causing harmful interference to Federal Aviation Administration’s (FAA) Terminal Doppler Weather Radar (TDWR) systems, which the FAA uses to detect wind shear and other weather conditions near airports. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: means the Communications Act of 1934, as amended. “Act” Order” means an order of the Bureau adopting the terms of this Consent “Adopting Decree without change, addition, deletion, or modification. means the Enforcement Bureau of the Federal Communications “Bureau” Commission. 15 Rules” means Part 15 of the Rules; and other provisions of the Act, the “Part Rules, and Commission orders related to the operation of unlicensed devices, including U-NII transmission systems. and mean the Federal Communications Commission and all “Commission” “FCC” of its bureaus and offices. Laws” collectively, the Act, the Rules, and the published and “Communications promulgated orders and decisions of the Commission to which Towerstream is subject by virtue of its business activities, including but not limited to the Part 15 Rules. Plan” means the compliance obligations, program, and procedures “Compliance described in this Consent Decree at paragraph 11. Employees” means all employees and agents of Towerstream who “Covered perform, or supervise, oversee, or manage the performance of, duties that relate to Towerstream’s responsibilities under the Communications Laws, including the Part 15 Rules. Date” means the date by which both the Bureau and Towerstream have “Effective signed the Consent Decree. means the investigation commenced by the Bureau in File Nos. “Investigation”
Before the DC 20554 In the Matter of Towerstream Corporation Middletown, Rhode Island ) ) ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00004486 File No.: EB-FIELDNER-12-00004796 NAL/Acct. No.: 201332600006 FRN: 0015467749 CONSENT DECREE The Enforcement Bureau of the Federal Communications Commission and Towerstream Corporation (Towerstream), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether Towerstream violated Sections 301 and 333 of the Communications Act of 1934, as amended, by operating radio transmitters, including Unlicensed National Information Infrastructure (U-NII) transmission systems, without a license and causing harmful interference to Federal Aviation Administration’s (FAA) Terminal Doppler Weather Radar (TDWR) systems, which the FAA uses to detect wind shear and other weather conditions near airports. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: “Act” means the Communications Act of 1934, as amended. “Adopting Order” means an order of the Bureau adopting the terms of this Consent Decree without change, addition, deletion, or modification. “Bureau” means the Enforcement Bureau of the Federal Communications Commission. “Part 15 Rules” means Part 15 of the Rules; and other provisions of the Act, the Rules, and Commission orders related to the operation of unlicensed devices, including U-NII transmission systems. “Commission” and “FCC” mean the Federal Communications Commission and all of its bureaus and offices. “Communications Laws” collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which Towerstream is subject by virtue of its business activities, including but not limited to the Part 15 Rules. “Compliance Plan” means the compliance obligations, program, and procedures described in this Consent Decree at paragraph 11. “Covered Employees” means all employees and agents of Towerstream who perform, or supervise, oversee, or manage the performance of, duties that relate to Towerstream’s responsibilities under the Communications Laws, including the Part 15 Rules. “Effective Date” means the date by which both the Bureau and Towerstream have signed the Consent Decree. “Investigation” means the investigation commenced by the Bureau in File Nos.
DA-16-653A1.docx