Federal Communications Commission DA 08-528
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Global Microwave Systems, Inc.
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File No. EB-07-SE-060
MEMORANDUM OPINION AND ORDER
Adopted:  March 6, 2008 Released:  March 7, 2008
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order, we admonish Global Microwave Systems, Inc. 
(“GMS”) for marketing in the United States unauthorized radio frequency devices, specifically, 
uncertified 4.9 GHz aeronautical transmitting equipment (“4.9 GHz equipment”), in violation of Section 
302(b) of the Communications Act of 1934, as amended (“Act”),1 and Sections 2.803(a)(1) and 90.203 of 
the Commission’s rules (“rules”).2  
II.  BACKGROUND
2. GMS manufactures and markets microwave radio systems and other devices.  On January 
10, 2007, the Commission’s Office of Engineering and Technology (“OET”) sent a letter to GMS in 
response to allegations that it may be manufacturing and marketing uncertified 4.9 GHz equipment.3 In 
its response to OET’s letter, GMS acknowledged that it sold a 4.9 GHz band device to a municipality to 
be used for aerial video coverage.4 OET referred this matter to the Spectrum Enforcement Division 
(“Division”) of the Enforcement Bureau for investigation.  In August 2007, the Division issued a letter of 
inquiry (“LOI”) to GMS.5 On September 5, 2007, GMS submitted a response to the LOI acknowledging 
that it had sold one microwave radio system for use in an aeronautical application capable of operation in 
the 4.9 GHz band.6 Specifically, GMS stated that it had sold one microwave radio system to a 
municipality in December 2005, after receiving verification from the municipality that it had obtained a 
license authorizing its aeronautical operation in the 4.9 GHz band.  GMS admitted that its product was not 
  
1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803(a)(1), 90.203.
3 Letter from Ray LaForge, Chief, Auditing and Compliance Branch, Office of Engineering and Technology, to 
Global Microwave Systems, Inc. (January 10, 2007).
4 Letter from Sam Nasiri, President, Global Microwave Systems, Inc, to Ray LaForge, Chief, Auditing and 
Compliance Branch, Office of Engineering and Technology (February 6, 2007).
5 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Sam Nasiri, President, Global Microwave Systems, Inc. (August 7, 2007) (“LOI”).
6 See Letter from Sam Nasiri, President, to Brett Greenwalt, Spectrum Enforcement Division, Enforcement Bureau, 
Federal Communications Commission (September 5, 2007), at 1 (“LOI Response”).
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authorized in accordance with the Commission’s certification process.  
III. DISCUSSION
3. Section 302(b) of the Act provides that “[n]o person shall manufacture, import, sell, offer 
for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply 
with regulations promulgated pursuant to this section.”  Section 2.803(a)(1) of the Commission’s rules 
provides that: 
no person shall sell or lease, or offer for sale or lease (including advertising for sale or 
lease), or import, ship, or distribute for the purpose of selling or leasing or offering for 
sale or lease, any radio frequency device unless … [i]n the case of a device subject to 
certification, such device has been authorized by the Commission in accordance with the 
rules in this chapter and is properly identified and labeled as required by § 2.925 and 
other relevant sections in this chapter.
In addition, Section 90.203 of the Rules provides in pertinent part that “… each transmitter utilized for 
operation under this part and each transmitter marketed as set forth in § 2.803 of this chapter must be of a 
type which has been certificated for use under this part.”7
4. GMS admitted that its microwave radio system is not certified for use in an aeronautical 
application in the 4.9 GHz band.8 GMS also admitted that it sold one of these systems in December 
2005.9 Although GMS asserts that the municipality told GMS that it had a license authorizing its 
aeronautical operation in the 4.9 GHz band,10 the fact that it believed that the municipality had a license to 
operate the equipment does not obviate the need for GMS to obtain an equipment certification prior to 
marketing the equipment.  As noted above, Section 90.203 provides that each transmitter utilized for 
licensed Part 90 operations must be certified.  Accordingly, it appears that GMS has violated Section 
302(b) of the Act and Sections 2.803(a)(1) and 90.203 of the rules by marketing uncertified 4.9 GHz 
equipment.
5. Although we believe that a monetary forfeiture would be warranted for this violation, 
there is no evidence in the record that GMS marketed these devices after 2005.  The statute of limitations 
for issuing a Notice of Apparent Liability for Forfeiture in this case is one year from the date of 
violation.11 Accordingly, based upon our review of the facts and circumstances in this case, and because 
we are barred by the one-year statute of limitations from issuing a Notice of Apparent Liability for 
Forfeiture, we admonish GMS for marketing uncertified equipment in violation of Section 302(b) of the 
Act and Sections 2.803(a)(1) and 90.203 of the rules.  Finally, we caution GMS that future violations may 
result in additional enforcement action, including monetary forfeitures.
  
7 Although Section 90.1205(c) of the Rules, 47 C.F.R. § 90.1205(c), prohibits aeronautical operation in the 4.9 GHz 
band, the Wireless Telecommunications Bureau has granted waivers to licensees to use this band for aeronautical 
use subject to certain conditions.  See e.g., File No. 0003100761 (granted November 4, 2003).
8LOI response at 1.
9 Id.
10 GMS indicated that it subsequently learned that the municipality is not using the system because it was not able to 
obtain a license to operate in the 4.9 GHz band.  Id
11 See 47 U.S.C. § 503(b)(6); 47 C.F.R. § 1.80(c)(3).
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IV.   ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that Global Microwave Systems, Inc. IS 
ADMONISHED for marketing uncertified radio frequency devices in violation of Section 302(b) of the 
Act and Sections 2.803(a)(1) and 90.203 of the Rules.
7. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order shall 
be sent by Certified Mail, Return Receipt Requested, to Sam Nasiri, President, Global Microwave 
Systems, Inc., 1916 Palomar Oaks Way Suit 100, Carlsbad, CA 92008-5523.  
FEDERAL COMMUNICATIONS COMMISION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau