Federal Communications Commission DA 17-970
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
RADWIN Ltd.
RADWIN, Inc.
)
)
)
)
)
File No.:  EB-SED-17-00023629
Acct. No.:  201832100001
FRN:  0008787137
ORDER
Adopted:  November 14, 2017 Released:  November 14, 2017
By the Deputy Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has 
entered into a Consent Decree to resolve its investigation into whether RADWIN Ltd. and RADWIN, Inc. 
(collectively Radwin) marketed Unlicensed National Information Infrastructure (U-NII) devices in 
violation of the Commission’s equipment authorization and marketing requirements.  The noncompliant 
U-NII devices allowed users to modify device settings in a way that could cause harmful interference to 
Terminal Doppler Weather Radar (TDWR) systems used by Federal Aviation Administration air traffic 
controllers to detect potentially hazardous weather conditions for aircraft.  The Commission’s 
requirements ensure that devices that emit radio frequency radiation comply with the Commission’s 
technical requirements and do not cause harmful interference to Federal agency public safety systems, 
such as TDWR, or to other authorized Federal and non-Federal communications systems, once the 
devices are marketed to the public.  To settle this matter, Radwin admits that it violated the Commission’s 
equipment authorization and marketing rules with respect to these noncompliant U-NII devices, will 
implement a compliance plan, and will pay a $95,000 civil penalty.
2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
referenced investigation regarding Radwin’s marketing of its U-NII devices, and compliance with the 
Commission’s equipment authorization and marketing rules pursuant to Section 302(b) of the 
Communications Act of 1934, as amended (Act),1 and Sections 2.803(b)(2) and 15.407 of the 
Commission’s rules.2
3. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of Radwin’s basic qualifications to hold or obtain any Commission license or authorization.3
4. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act4 and the
authority delegated by Sections 0.111 and 0.311 of the Commission’s rules,5 the attached Consent Decree 
IS ADOPTED and its terms incorporated by reference.
5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED in 
accordance with the terms of the attached Consent Decree. 
  
1 47 U.S.C. § 302a(b).
2 47 CFR §§ 2.803, 15.407.
3 See 47 CFR § 1.93(b).
4 47 U.S.C. § 154(i).
5 47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 17-970
2
6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail and certified mail, return receipt requested, to Sharon Sher, President & CEO, 
RADWIN Ltd. and RADWIN, Inc., 900 Corporate Drive, Mahwah, NJ 07430, and to Russell Fox, Esq., 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., 701 Pennsylvania Ave., NW, Suite 900, 
Washington, DC 20004.
FEDERAL COMMUNICATIONS COMMISSION
Christopher L. Killion
Deputy Chief
Enforcement Bureau
Federal Communications Commission DA 17-970
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
RADWIN Ltd. 
RADWIN, Inc.
)
)
)
)
)
File No.:  EB-SED-17-00023629
Acct. No.:  201832100001 
FRN:  0008787137
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission, RADWIN Ltd., 
and RADWIN, Inc., by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into whether Radwin violated Section 
302(b) of the Communications Act of 1934, as amended,1 and Sections 2.803(b)(2) and 15.407 of the 
Commission’s rules2 in connection with the Company’s marketing of radio frequency devices.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.3
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.
(e) “Communications Laws” means collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which Radwin is 
subject by virtue of its business activities, including but not limited to the 
Equipment Authorization and Marketing Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 13.
(g) “Covered Employees” means all employees and agents of Radwin who perform, or 
supervise, oversee, or manage the performance of, duties that relate to Radwin’s 
responsibilities under the Communications Laws, including the Equipment 
Authorization and Marketing Rules. 
(h) “Effective Date” means the date by which both the Bureau and Radwin have signed 
the Consent Decree.
(i) “Equipment Authorization and Marketing Rules” means Section 302(b) the Act;4
Sections 2.803 and 15.407 of the Commission’s rules;5 and other provisions of the 
  
1 47 U.S.C. § 302a(b).
2 47 CFR §§ 2.803(b)(2), 15.407.
3 47 U.S.C. § 151 et seq.
4 47 U.S.C. § 302a(b).
5 47 CFR §§ 2.803, 15.407.
Federal Communications Commission DA 17-970
2
Act, the Rules, and Commission orders related to the authorization of radio 
frequency devices and the marketing of such devices.
(j) “Investigation” means the investigation commenced by the Bureau’s April 25, 
2017 Letter of Inquiry regarding whether the marketing of certain radio frequency 
devices by Radwin complied with the Equipment Authorization and Marketing 
Rules.6
(k) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by Radwin to implement the Compliance Plan.
(l) “Parties” means Radwin and the Bureau, each of which is a “Party.”
(m) “Radwin” or “Company” means RADWIN Ltd. and its affiliates; subsidiaries, 
including RADWIN, Inc.; predecessors-in-interest; and successors-in-interest.
(n) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
3. Section 302 of the Act authorizes the Commission to promulgate reasonable regulations 
to minimize harmful interference by equipment that emits radio frequency energy.7 Specifically, 
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.”8 The purpose of Section 302 of the Act is to ensure that radio 
transmitters and other electronic devices meet certain standards to control interference before they reach 
the market.  
4. The Commission carries out its responsibilities under Section 302 of the Act in two ways.  
First, the Commission establishes technical requirements for transmitters and other equipment to 
minimize their potential for causing interference to authorized radio services.  Second, the Commission 
administers an equipment authorization program to ensure that equipment reaching the market in the 
United States complies with the technical and administrative requirements set forth in the Commission’s 
rules.  The equipment authorization program requires, among other things, that radio frequency devices 
must be tested for compliance with the applicable technical requirements prior to marketing.9 In that 
regard, Section 2.803(b) of the Rules prohibits the marketing of radio frequency devices unless the device 
has first been properly authorized, identified, and labeled in accordance with the Rules, with limited 
exceptions.10
5. Radwin is a privately-held corporation that manufactures and distributes broadband 
wireless systems, specifically point-to-point, point-to-multipoint, and non-line-of-sight equipment 
operating in the 5 GHz band that provide backhaul, broadband access, private network connectivity, and 
other similar applications.  All of the products involved in the Investigation support Unlicensed National 
Information Infrastructure (U-NII) 1, U-NII-2, and U-NII-3 bands.  The Bureau’s Spectrum Enforcement 
Division, issued a Letter of Inquiry to Radwin, on April 25, 2017, directing it to submit a sworn written 
  
6 See Letter from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Mr. 
Sharon Sher, President and CEO, Radwin, Ltd. (Apr. 25, 2017) (on file in EB-SED-17-00023629).
7 47 U.S.C. § 302a.
8 Id. § 302a(b).
9 The term “marketing” is defined in the Commission’s rules and includes the “sale or lease, or offering for sale or 
lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or 
leasing or offering for sale or lease.”  47 CFR § 2.803(a).
10 See id. §§ 2.803(b), (c).
Federal Communications Commission DA 17-970
3
response to a series of questions relating to Radwin’s marketing of its U-NII devices in the United States 
with respect to dynamic frequency selection (DFS) mitigation and sensitivity pursuant to Section 
15.407.11 The Investigation revealed that, for some period of time prior to the commencement of the 
Investigation, Radwin marketed devices that did not meet the Commission’s Equipment Authorization 
and Marketing Rules as the devices allowed users to disable the DFS mitigation and sensitivity features 
contained in each device sold.  As a result of Radwin’s full cooperation with the Bureau’s Investigation, 
Radwin has taken remedial action so that current and deployed products comply with the Commission’s 
rules.  Radwin’s current products no longer contain the ability to disable DFS mitigation and sensitivity 
features.  Additionally, during routine software updates for deployed Radwin products, the disabling 
features are permanently removed and cannot be re-installed.  Radwin’s actions have addressed all 
matters relating to the Investigation.12
6. The Bureau and Radwin negotiated the following terms and conditions of settlement and 
hereby enter into this Consent Decree as provided herein.
III. TERMS OF AGREEMENT
7. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
8. Jurisdiction.  Radwin agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
9. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the Effective Date as defined herein.  As of the Effective Date, the Parties agree that this 
Consent Decree shall have the same force and effect as any other order of the Commission.  
10. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate the Investigation.  In consideration for the termination of the Investigation, Radwin agrees to 
the terms, conditions, and procedures contained herein.  The Bureau further agrees that, in the absence of 
new material evidence, it will not use the facts developed in the Investigation through the Effective Date, 
or the existence of this Consent Decree, to institute, on its own motion, any new proceeding, formal or 
informal, or take any action on its own motion against Radwin concerning the matters that were the 
subject of the Investigation.  The Bureau also agrees that, in the absence of new material evidence, it will 
not use the facts developed in the Investigation through the Effective Date, or the existence of this 
Consent Decree, to institute on its own motion any proceeding, formal or informal, or to set for hearing 
the question of Radwin’s basic qualifications to be a Commission licensee or hold Commission licenses 
or authorizations.13
11. Admission of Liability.  Radwin admits for the purpose of this Consent Decree and for 
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 10 herein, 
that its actions set forth in paragraph 5, herein, violated the Equipment Authorization and Marketing 
Rules.  
12. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, Radwin 
shall designate a senior corporate manager with the requisite corporate and organizational authority to 
serve as a Compliance Officer and to discharge the duties set forth below.  The person designated as the 
  
11 See supra note 6.  The investigation was initiated in response to a referral from the Commission’s Office of 
Engineering and Technology (OET).  Pursuant to Section 2.945 of the Commission’s rules, OET requested a U-NII 
device to determine the extent to which the equipment complied with the data filed by the applicant.  47 CFR § 
2.945.
12 47 CFR § 2.803.
13 See 47 CFR § 1.93(b).
Federal Communications Commission DA 17-970
4
Compliance Officer shall be responsible for developing, implementing, and administering the Compliance 
Plan and ensuring that Radwin complies with the terms and conditions of the Compliance Plan and this 
Consent Decree.  In addition to the general knowledge of the Communications Laws necessary to 
discharge his or her duties under this Consent Decree, the Compliance Officer shall have specific 
knowledge of the Equipment Authorization and Marketing Rules prior to assuming his or her duties.  
13. Compliance Plan.  For purposes of settling the matters set forth herein, Radwin agrees 
that it shall, within sixty (60) calendar days after the Effective Date, develop and implement a 
Compliance Plan designed to ensure future compliance with the Communications Laws and with the 
terms and conditions of this Consent Decree.  With respect to the Equipment Authorization and 
Marketing Rules, Radwin will implement, at a minimum, the following procedures:
(a) Operating Procedures.  Within thirty (30) calendar days after the Effective Date, 
Radwin shall establish Operating Procedures that all Covered Employees must 
follow to help ensure Radwin’s compliance with the Equipment Authorization and 
Marketing Rules.  Radwin’s Operating Procedures shall include internal procedures 
and policies specifically designed to ensure compliance with Section 2.803 of the 
Commission’s rules,14 and with applicable technical standards.  
(b) Compliance Manual.  Within sixty (60) calendar days after the Effective Date, the 
Compliance Officer shall develop and distribute a Compliance Manual to all 
Covered Employees.  The Compliance Manual shall set forth the Equipment 
Authorization and Marketing Rules and the Operating Procedures that Covered 
Employees shall follow to help ensure Radwin’s compliance with those Rules.  
Radwin shall periodically review and revise the Compliance Manual as necessary 
to ensure that the information set forth therein remains current and accurate.  
Radwin shall distribute any revisions to the Compliance Manual promptly to all 
Covered Employees. 
(c) Compliance Training Program.  Radwin shall establish and implement a 
Compliance Training Program to ensure compliance with the Equipment 
Authorization and Marketing Rules and the Operating Procedures.  As part of the 
Compliance Training Program, Covered Employees shall be advised of Radwin’s 
obligation to report any noncompliance with the Equipment Authorization and 
Marketing Rules under paragraph 14 of this Consent Decree and shall be instructed 
on how to disclose noncompliance to the Compliance Officer.  All Covered 
Employees shall be trained pursuant to the Compliance Training Program within 
sixty (60) calendar days after the Effective Date, except that any person who 
becomes a Covered Employee at any time after the initial Compliance Training 
Program shall be trained within thirty (30) calendar days after the date such person 
becomes a Covered Employee.  Radwin shall repeat compliance training on an 
annual basis, and shall periodically review and revise the Compliance Training 
Program as necessary to ensure that it remains current and complete and to enhance 
its effectiveness.  
14. Reporting Noncompliance.  Radwin shall report any noncompliance with the 
Equipment Authorization and Marketing Rules and with the terms and conditions of this Consent Decree 
within fifteen (15) calendar days after discovery of such noncompliance.  Such reports shall include an 
explanation of:  (i) each instance of noncompliance; (ii) the steps that Radwin has taken or will take to 
remedy such noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the 
steps that Radwin has taken or will take to prevent the recurrence of any such noncompliance.  All reports 
of noncompliance shall be submitted to Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, 
  
14 See supra note 9 and accompanying text.
Federal Communications Commission DA 17-970
5
Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW, Rm. 3-C366, 
Washington, DC 20554, with copies submitted electronically to Salomon Satche at 
Salomon.Satche@fcc.gov, Kathy Harvey at Kathy.Harvey@fcc.gov, and Ricardo Durham at 
Ricardo.Durham@fcc.gov.
15. Compliance Reports.  Radwin shall file compliance reports with the Commission ninety 
(90) calendar days after the Effective Date, twelve (12) months after the Effective Date, twenty-four (24) 
months after the Effective Date, and thirty-six (36) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of Radwin’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and the Equipment Authorization and Marketing Rules.  In addition, each 
Compliance Report shall include a certification by the Compliance Officer, as an 
agent of and on behalf of Radwin, stating that the Compliance Officer has personal 
knowledge that Radwin: (i) has established and implemented the Compliance Plan; 
(ii) has utilized the Operating Procedures since the implementation of the 
Compliance Plan; and (iii) is not aware of any instances of noncompliance with the 
terms and conditions of this Consent Decree, including the reporting obligations set 
forth in paragraph 14 of this Consent Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement 
explaining that his/her personal knowledge is the basis for such certification and 
shall comply with Section 1.16 of the Rules and be subscribed to as true under 
penalty of perjury in substantially the form set forth therein.15
(c) If the Compliance Officer cannot provide the requisite certification, the 
Compliance Officer, as an agent of and on behalf of Radwin, shall provide the 
Commission with an explanation of the reason(s) why and describe:  (i) each 
instance of noncompliance; (ii) the steps that Radwin has taken or will take to 
remedy such noncompliance, including the schedule on which proposed remedial 
actions will be taken; and (iii) the steps that Radwin has taken or will take to 
prevent the recurrence of any such noncompliance, including the schedule on 
which such preventive action will be taken.  
(d) All Compliance Reports shall be submitted to Aspasia A. Paroutsas, Chief, 
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, 445 12th Street, SW, Rm. 3-C366, Washington, DC 20554, with 
copies submitted electronically to Salomon Satche at Salomon.Satche@fcc.gov, 
Kathy Harvey at Kathy.Harvey@fcc.gov, and Ricardo Durham at 
Ricardo.Durham@fcc.gov.
16. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 12 
through 15 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.  
17. Civil Penalty.  Radwin will pay a civil penalty to the United States Treasury in the 
amount of ninety-five thousand dollars ($95,000) within thirty (30) calendar days of the Effective Date.  
Radwin shall send electronic notification of payment to Salomon Satche at Salomon.Satche@fcc.gov, 
Kathy Harvey at Kathy.Harvey@fcc.gov, Ricardo Durham at Ricardo.Durham@fcc.gov, and Samantha 
Peoples at Sam.Peoples@fcc.gov on the date said payment is made.  The payment must be made by check 
or similar instrument, wire transfer, or credit card, and must include the Account Number and FRN 
referenced above.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) 
  
15 47 CFR § 1.16.
Federal Communications Commission DA 17-970
6
must be submitted.16 When completing the FCC Form 159, enter the Account Number in block number 
23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code).  Below 
are additional instructions that should be followed based on the form of payment selected:
· Payment by check or money order must be made payable to the Federal Communications 
Commission. Such payments (along with the completed FCC Form 159) must be mailed to 
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent 
via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.
· Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed FCC Form 159 must be faxed to U.S. 
Bank at (314) 418-4232 on the same business day the wire transfer is initiated.
· Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the form to authorize the credit card payment.  The 
completed FCC Form 159 must then be mailed to Federal Communications Commission, 
P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
Questions regarding payment procedures should be addressed to the Financial Operations Group 
Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
18. Waivers.  As of the Effective Date, Radwin waives any and all rights it may have to seek 
administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the 
validity of this Consent Decree and the Adopting Order.  Radwin shall retain the right to challenge 
Commission interpretation of the Consent Decree or any terms contained herein.  If either Party (or the 
United States on behalf of the Commission) brings a judicial action to enforce the terms of the Consent 
Decree or the Adopting Order, neither Radwin nor the Commission shall contest the validity of the 
Consent Decree or the Adopting Order, and Radwin shall waive any statutory right to a trial de novo.  
Radwin hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act17
relating to the matters addressed in this Consent Decree.
19. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
20. Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
21. Subsequent Rule or Order.  The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which Radwin does not expressly 
consent) that provision will be superseded by such Rule or Order.
22. Successors and Assigns.  Radwin agrees that the provisions of this Consent Decree shall 
be binding on its successors, assigns, and transferees.
  
16 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
17 See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 17-970
7
23. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.  
24. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
25. Paragraph Headings.  The headings of the paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
26. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions.
27. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Christopher L. Killion
Deputy Chief
Enforcement Bureau
________________________________
Date
________________________________
Sharon Sher
President and CEO
RADWIN Ltd.
________________________________
Date
________________________________
Sharon Sher
President 
RADWIN, Inc.
________________________________
Date