JJA-90010000XXTDMA Data System for Carriers ans Sectors

Exhibit ii Pg.-2 COM DEV/ REC 05/28/02 9:27 AM Engineering Statement of Norwood J. Patterson FCC Certification Application FCC ID: JJA-90010000XX I, Norwood J. Patterson, am a Radio & TV Engineering (REC) Consultant having studied at Pacific Radio School, San Mateo City College, San Francisco City College and Stanford University. I have appeared on numerous occasions before the State Courts, the Federal U. S. Courts the Federal Communications Commission and the U. S. State Hearing Committees. On all occasions I have been accepted as an Expert Witness in radio television and electronics engineering matters. I have been accepted by the Federal Communications Commission as an Expert in radio and television matters since 1937 with a LIFE certificate #PG-11-25313. Background: COM-DEV Broadband is a primary manufacturer of Cellular and PCS Base Stations. This application documents that the latest PCS Base Station model, M/ERGY “Access Point”, complies with all FCC requirements. It is compatible with all FCC Rules and regulations for PCS and Industries Standards for base stations including IS-2000 and IS-856. The present configuration of exciters and amplifiers are built by COM-DEV Broadband including options. The measurements including options show compliance with all FCC Rules, Regulations and policies. The design uses Proprietary circuitry. RF Filtering for compliance is accomplished by the design and use of combiners, industry standard band pass filters and Saw Filters for the frequency range of 1.930 to 1.990 GHz. Measurements attached and a study of the standards by REC show complete compliance. Norwood J. Patterson also attaches Equipment photos, schematics, circuit descriptions, and measured data along with this engineering statement filed electronically with the FCC. Also attached and separately field is a request for Confidentiality. The FCC fees have been paid for both this application for Certification and the request for Confidentiality. . The FCC fees have been paid to the FCC at Pittsburgh. Request for Confidentiality has also been request by letter filed this same date with the FCC fees and Anti-Drug Statement. It is urgently requested Confidentiality be granted by the FCC. A copy of the Confidentially request is attached as Attachment #1 as a courtesy for the FCC Laboratory. Option One (1) Option one is this system installed in an outdoor cabinet. This cabinet is shown in Exhibit I as the out door cabinet configuration. This is the same equipment as the indoor unit as measured except it has more shielding with the outdoors cabinet. The indoors cabinet was measured as to Cabinet Radiation and found in compliance. It therefore follows that the outdoor cabinet with the more elaborate shielding does a lso comply. Exhibit ii Pg.-2 COM DEV/ REC 05/28/02 9:27 AM Page –2- Option two (2) This option uses two carriers. All systems have all hardware for the 2-carrier system. It requires software set-up only to operate with two carriers, which is furnished with all units sold. Data has been prepared which shows complete compliance with FCC Rules, Regulations and policies. This data is within the exhibit #N attached and other applicable exhibits. . Amplifier The amplifier used in this product is presently FCC Equipment Authorized. The manufacture is PowerWave Technologies, model #G3S-1900-80, FCC ID#E675JS0045. It is rated for 80 Watts. It can amplify (1) one or (2) two carriers with low distortion. Both single and double carriers have been measured within this brief. Measurement shows compliance with all FCC Rules, Regulations and policies for Certification . Conclusion: As determined by design with proprietary information, specifications, measurements and certification, it has been determined that this PCS base station model M/ERGY “Access Point” complies with all FCC Rules, Regulations, policies and certification requirements. I, Norwood J. Patterson, do hereby certify that I have prepared the enclosed data and, under penalty of perjury, that data of my own knowledge is correct. As to other information and facts asserted herein, I believe that information also to be true. Norwood J. Patterson Signed: Thursday, April 04, 2002 C:\My documents \ COM-DEV Broadband Engineering statement

Exhibit Exhibit Exhibit Exhibit iii iiiiii iii Page 1 Page 1Page 1 Page 1 COM DEV/REC COM DEV/RECCOM DEV/REC COM DEV/REC April 4, 2002 April 4, 2002 April 4, 2002 April 4, 2002 FCC 731 FCC 731 FCC 731 FCC 731 Electronic ElectronicElectronic Electronic FCC §2.1033 APPLICATION FOR CERTIFICATION M/ERGY “Access Point” (AP) This application is submitted to the Federal Communications Commission (FCC) for an Equipment Authorization. The device falls under FCC Rules as a Broadband PCS subject to Subpart C & E with Certification procedures required in FCC §24.51. Certification procedures are defined in FCC Part 2 Subpart J §2.1031 for certification as specified in §24.51(a)(b)(c) and §24.52 R. F. Hazards. This application for certification is contained in §2.1033: “Application for Certification.” §2.1033 “Application for Certification.” §2.1033 “Application for Certification.” §2.1033 “Application for Certification.” §2.1033 (a) See FCC for filed electronically (b) Section (b) is not applicable (c) Certification Technical Report required for “Access Point” (AP) follows: (1)Applicant & Manufacturer: Applicant & Manufacturer:Applicant & Manufacturer: Applicant & Manufacturer:FRN #0005-0583-00 COM DEV Broadband 805 Aerovista Place, Suite 101 San Luis Obispo, CA 93401 Voice: (805) 544-1089 Fax: (805) 544-2055 Josh Lober, V. P. Engineering e-mail: FCC Consultant: [email protected] Voice: (805) 528-1996 Fax: (805) 528-1982 (2)FCC Identifier FCC IdentifierFCC Identifier FCC IdentifierJJA-90010000XX (3)Copy of Operation Manual Copy of Operation ManualCopy of Operation Manual Copy of Operation ManualSee Exhibit A (4)Type of Emissions Type of EmissionsType of Emissions Type of EmissionsSpread Spectrum Ex. B (5)Frequency Range Frequency RangeFrequency Range Frequency Range M/ERGY “Access Point”1.930 to 1.990 gHz (6) Range of Operating Range of OperatingRange of Operating Range of OperatingSet # 300 to 553 (7) Power levels.224 to 24.5 Watts each Carrier (Software controlled.) Meas. For varying operating power: Measured at RF amp external antenna terminal. (Drive level changed to Power Amplifier) (8)Maximum Power Maximum PowerMaximum Power Maximum Power as defined in applicable part of rules. §24.232 (a) specifies a limit of 1640 eirp Watts max. At antenna height < 300 meters. TX Peak Po cannot exceed 100 watts. Page 2 (8)DC Voltage applied & DC current DC Voltage applied & DC currentDC Voltage applied & DC current DC Voltage applied & DC current into the several elements of final See Exhibit C: radio frequency amplifier deviceSupply Voltage 24 Vdc current vs. power (9)Tune up Tune upTune up Tune up procedures over the power range or at a specifiedEx D omitted operating powerNo tune-up required (10)Schematic Diagram Schematic DiagramSchematic Diagram Schematic Diagram and aSee Exhibit E (Diagram) description of all circuitry and devices for determining and stabilizing frequency for See Exhibit F Frequency Stability suspension of radiation For limiting modulationSee Exhibit G Modulation Limit (11) (11)(11) (11) Photo or drawing of equipment Photo or drawing of equipmentPhoto or drawing of equipment Photo or drawing of equipment See Exhibit H See Exhibit HSee Exhibit H See Exhibit H identification plate or label showing information to be M/ERGY “Access Point” (AP) placed thereon (12)Photos Photos Photos Photos 8x10 of EquipmentSee Exhibit I (13)For equipment employing RF Modulating by Digital Techniques digital modulation techniques, See Exhibit B a detailed description of modulating systems to be used including response characteristics, frequency, phase and amplitude (14)Data Required Data RequiredData Required Data Required by FCC §: 2.1046 RF Po outputSee Exhibit J1 (See pp6 above and Ex. C) 2.1047 Mod. Characteristics J2 2.1049 Occupied Bandwidth J3 2.1051 Spurious Conducted J4 2.1053 Spurious Radiated J5 2.1055 Freq. Stability (see §24.235) J6 IS-138-A Spurs within Rx Band J7 2.1057 Freq. Spectrum to 10 th harmonic 20 gHz (15)External RF Amplifier External RF AmplifierExternal RF Amplifier External RF AmplifierNot applicable (16)AM Broadcast Stereo AM Broadcast StereoAM Broadcast Stereo AM Broadcast StereoNot applicable (17)Single Application Single ApplicationSingle Application Single ApplicationNot applicable: many identical units will be manufactured and sold. Page-3- §2.1041 Measurement Procedures Measurement ProceduresMeasurement Procedures Measurement ProceduresSee Exhibit K Misc. Items: Misc. Items:Misc. Items: Misc. Items: Equipment Used Equipment UsedEquipment Used Equipment UsedSee Exhibit L Anti-Drug Statement Anti-Drug StatementAnti-Drug Statement Anti-Drug StatementSee Exhibit M Option Two (2) Carriers Option Two (2) CarriersOption Two (2) Carriers Option Two (2) CarriersSee Exhibit N Option Outdoors Cabinet Option Outdoors CabinetOption Outdoors Cabinet Option Outdoors CabinetSee Exhibit O RF Exposure RF ExposureRF Exposure RF ExposureSee Exhibit P Letter of Authorization Letter of Authorization Letter of Authorization Letter of Authorization See Exhibit Q Letter of Compliance Letter of ComplianceLetter of Compliance Letter of ComplianceSee Exhibit R Letter Requesting Confidentiality Letter Requesting ConfidentialityLetter Requesting Confidentiality Letter Requesting Confidentiality See Attachment #1 Com Dev Ex. I AP

Exhibit Exhibit Exhibit Exhibit iii iiiiii iii Page 1 Page 1Page 1 Page 1 COM DEV/REC COM DEV/RECCOM DEV/REC COM DEV/REC April 4, 2002 April 4, 2002 April 4, 2002 April 4, 2002 FCC 731 FCC 731 FCC 731 FCC 731 Electronic ElectronicElectronic Electronic FCC §2.1033 APPLICATION FOR CERTIFICATION M/ERGY “Access Point” (AP) This application is submitted to the Federal Communications Commission (FCC) for an Equipment Authorization. The device falls under FCC Rules as a Broadband PCS subject to Subpart C & E with Certification procedures required in FCC §24.51. Certification procedures are defined in FCC Part 2 Subpart J §2.1031 for certification as specified in §24.51(a)(b)(c) and §24.52 R. F. Hazards. This application for certification is contained in §2.1033: “Application for Certification.” §2.1033 “Application for Certification.” §2.1033 “Application for Certification.” §2.1033 “Application for Certification.” §2.1033 (a) See FCC for filed electronically (b) Section (b) is not applicable (c) Certification Technical Report required for “Access Point” (AP) follows: (1)Applicant & Manufacturer: Applicant & Manufacturer:Applicant & Manufacturer: Applicant & Manufacturer:FRN #0005-0583-00 COM DEV Broadband 805 Aerovista Place, Suite 101 San Luis Obispo, CA 93401 Voice: (805) 544-1089 Fax: (805) 544-2055 Josh Lober, V. P. Engineering e-mail: FCC Consultant: [email protected] Voice: (805) 528-1996 Fax: (805) 528-1982 (2)FCC Identifier FCC IdentifierFCC Identifier FCC IdentifierJJA-90010000XX (3)Copy of Operation Manual Copy of Operation ManualCopy of Operation Manual Copy of Operation ManualSee Exhibit A (4)Type of Emissions Type of EmissionsType of Emissions Type of EmissionsSpread Spectrum Ex. B (5)Frequency Range Frequency RangeFrequency Range Frequency Range M/ERGY “Access Point”1.930 to 1.990 gHz (6) Range of Operating Range of OperatingRange of Operating Range of OperatingSet # 300 to 553 (7) Power levels.224 to 24.5 Watts each Carrier (Software controlled.) Meas. For varying operating power: Measured at RF amp external antenna terminal. (Drive level changed to Power Amplifier) (8)Maximum Power Maximum PowerMaximum Power Maximum Power as defined in applicable part of rules. §24.232 (a) specifies a limit of 1640 eirp Watts max. At antenna height < 300 meters. TX Peak Po cannot exceed 100 watts. Page 2 (8)DC Voltage applied & DC current DC Voltage applied & DC currentDC Voltage applied & DC current DC Voltage applied & DC current into the several elements of final See Exhibit C: radio frequency amplifier deviceSupply Voltage 24 Vdc current vs. power (9)Tune up Tune upTune up Tune up procedures over the power range or at a specifiedEx D omitted operating powerNo tune-up required (10)Schematic Diagram Schematic DiagramSchematic Diagram Schematic Diagram and aSee Exhibit E (Diagram) description of all circuitry and devices for determining and stabilizing frequency for See Exhibit F Frequency Stability suspension of radiation For limiting modulationSee Exhibit G Modulation Limit (11) (11)(11) (11) Photo or drawing of equipment Photo or drawing of equipmentPhoto or drawing of equipment Photo or drawing of equipment See Exhibit H See Exhibit HSee Exhibit H See Exhibit H identification plate or label showing information to be M/ERGY “Access Point” (AP) placed thereon (12)Photos Photos Photos Photos 8x10 of EquipmentSee Exhibit I (13)For equipment employing RF Modulating by Digital Techniques digital modulation techniques, See Exhibit B a detailed description of modulating systems to be used including response characteristics, frequency, phase and amplitude (14)Data Required Data RequiredData Required Data Required by FCC §: 2.1046 RF Po outputSee Exhibit J1 (See pp6 above and Ex. C) 2.1047 Mod. Characteristics J2 2.1049 Occupied Bandwidth J3 2.1051 Spurious Conducted J4 2.1053 Spurious Radiated J5 2.1055 Freq. Stability (see §24.235) J6 IS-138-A Spurs within Rx Band J7 2.1057 Freq. Spectrum to 10 th harmonic 20 gHz (15)External RF Amplifier External RF AmplifierExternal RF Amplifier External RF AmplifierNot applicable (16)AM Broadcast Stereo AM Broadcast StereoAM Broadcast Stereo AM Broadcast StereoNot applicable (17)Single Application Single ApplicationSingle Application Single ApplicationNot applicable: many identical units will be manufactured and sold. Page-3- §2.1041 Measurement Procedures Measurement ProceduresMeasurement Procedures Measurement ProceduresSee Exhibit K Misc. Items: Misc. Items:Misc. Items: Misc. Items: Equipment Used Equipment UsedEquipment Used Equipment UsedSee Exhibit L Anti-Drug Statement Anti-Drug StatementAnti-Drug Statement Anti-Drug StatementSee Exhibit M Option Two (2) Carriers Option Two (2) CarriersOption Two (2) Carriers Option Two (2) CarriersSee Exhibit N Option Outdoors Cabinet Option Outdoors CabinetOption Outdoors Cabinet Option Outdoors CabinetSee Exhibit O RF Exposure RF ExposureRF Exposure RF ExposureSee Exhibit P Letter of Authorization Letter of Authorization Letter of Authorization Letter of Authorization See Exhibit Q Letter of Compliance Letter of ComplianceLetter of Compliance Letter of ComplianceSee Exhibit R Letter Requesting Confidentiality Letter Requesting ConfidentialityLetter Requesting Confidentiality Letter Requesting Confidentiality See Attachment #1 Com Dev Ex. I AP

Ex B Pg.1 COM DEV/REC 4/5/02 COM DEV Broadband FCC §2.1033 (13) Digital Modulation M/ERGY “Access Point” Digital Modulation is used in the Access Point (base station). ASIC’s and DSPs are used to create I and Q streams which are then fed into an I and Q modulator and upconverted before being broadcast. The modulation response characteristics (frequency, phase and amplitude) as well as a description of the modulating wave train are consistent with, and described in detail in, Chapter 9 of TIA/EIA standard IS-856, CDMA 2000 High Rate Packet Data Air Interface Specification.

COM DEV Broadband 805 Aerovista Place, Suite 101 San Luis Obispo, CA 93401 Tel: (805) 544-1089 March 30, 2002 Federal Communications Commission Authorization & Evaluation Division 7453 Oakland Mills Road Columbia, MD 21046 Re: FCC ID: JJA-90010000XX COM DEV Broadband “Access Point” I hereby declare that the COM DEV Broadband unit referenced above has been designed to the Standards of FCC Bulletins Office of Engineering & Technology, EIA Standard TIA/EIA-IS-856, IS-2000 (CDMA), and FCC §24. Measurements have been performed which demonstrate compliance with TIA/EIA/IS-138, and FCC §24 Subpart E Broadband PCS. Based on these measurements and a study of the Standards, I do hereby certify under penalty of perjury that to the best of my knowledge, understanding and belief, the EIA/TIA-CDMA Access Point herein is, and will be, manufactured compatible with the TIA/EIA-IS-856 & IS-2000 (CDMA), TIA/EIA/IS-138, and FCC §24 Subpart E Broadband PCS. COM DEV Broadband is the manufacturer and code Grantee of the above referenced system. Sincerely yours, COM DEV Broadband Josh Lober ________________________ Josh Lober, Vice President COM DEV FCC Letter

LO PCS 1573 MHz LO UHF 207-276 MHz 70 MHz Saw 357-417 MHz 150 MHz Saw 1930-1990 MHz Tx Rx ANT 1850-1910 MHz 277-337 MHz PCS Converter Board 70 MHz 1930-1990 MHz 1850-1910 MHz 277-337 MHz 357-417 MHz I/Q Demod To A/D’s UHF Converter BoardIF Amp Board I/Q Mod To DAC’s 150 MHz PLL Osc 70 MHz PLL Osc RF Modem Board COM DEV Broadband Proprietary 1900 MHz Transceiver Block Diagram AP (Basestation) Radio Copyright 2002 COM DEV BROADBAND. ALL RIGHTS RESERVED. The content of this document is the intellectual property of COM DEV BROADBAND. Information is subject to change without notice. COM DEV BROADBAND reservesthe right to make changes in design or components as progress in engineering and manufacturing may warrant. COM DEV Proprietary, do not distribute.

Exhibit Exhibit Exhibit Exhibit i Page 1 i Page 1i Page 1 i Page 1 COM DEV/REC COM DEV/RECCOM DEV/REC COM DEV/REC April 7, 2002 April 7, 2002 April 7, 2002 April 7, 2002 FCC 731 FCC 731 FCC 731 FCC 731 Electronic ElectronicElectronic Electronic COM DEV BROADBAND Exhibit Identification COM DEV BROADBAND Exhibit IdentificationCOM DEV BROADBAND Exhibit Identification COM DEV BROADBAND Exhibit Identification M/ERGY “Access Point” M/ERGY “Access Point”M/ERGY “Access Point” M/ERGY “Access Point” Ex. No. Ex. No.Ex. No. Ex. No.Description DescriptionDescription Description A AA AOperation Manual (confidentia Operation Manual (confidentiaOperation Manual (confidentia Operation Manual (confidential) l)l) l) B BB BType of Emission Type of EmissionType of Emission Type of Emission C CC CDC Voltage Current Vs Power DC Voltage Current Vs PowerDC Voltage Current Vs Power DC Voltage Current Vs Power D DD DOmitted (no tune-up required) Omitted (no tune-up required)Omitted (no tune-up required) Omitted (no tune-up required) E EE ESchematic Diagram (confidential) Schematic Diagram (confidential)Schematic Diagram (confidential) Schematic Diagram (confidential) F FF FFrequency Stability Frequency StabilityFrequency Stability Frequency Stability G GG GModulation Limit Modulation LimitModulation Limit Modulation Limit H HH HFCC ID Label FCC ID LabelFCC ID Label FCC ID Label I II IEquipment Photos (confidential) Equipment Photos (confidential)Equipment Photos (confidential) Equipment Photos (confidential) J JJ JTest Data Test DataTest Data Test Data K KK KMeasurem MeasuremMeasurem Measurement Procedures ent Proceduresent Procedures ent Procedures L LL LEquipment Used Equipment UsedEquipment Used Equipment Used M MM MAnti-Drug Statement Anti-Drug StatementAnti-Drug Statement Anti-Drug Statement N NN NOption two (2) carriers (Confidentiality) Option two (2) carriers (Confidentiality)Option two (2) carriers (Confidentiality) Option two (2) carriers (Confidentiality) O OO OOption one (1) Outdoor Cabinet Option one (1) Outdoor CabinetOption one (1) Outdoor Cabinet Option one (1) Outdoor Cabinet P PP PRF Exposure RF ExposureRF Exposure RF Exposure Q QQ QAuthority Granted REC/NJP Authority Granted REC/NJPAuthority Granted REC/NJP Authority Granted REC/NJP R RR RLetter of Compliance Letter of ComplianceLetter of Compliance Letter of Compliance Attachment #1 is a copy of the letter requesting Confidentiality. END OF REPORT END OF REPORT END OF REPORT END OF REPORT COM DEV Ex. i Pg. 1-Base

Radio & Tv Engineering Co. 1416 Hollister Lane Los Osos, CA 93402 Tel: (805) 528-1996 e-mail: [email protected] January 7, 2003 Federal Communications Commission Attention: Diane Poole, Laboratory Engineer Re: Com Dev “AP”, FCC ID: 900-10000XX Response to letters ref. #: 23324; 23889; 24009; and 24315 Dated: July 9, 2002; Sept. 9, 2002; Sept. 25, 2002; and Nov. 12, 2002 Confirmation #: EA871490 Dear Dianne: Today I have sent the complete additional data you have requested in your above referenced letters. Included are files for: Pictures, Internal and External Block Diagram Parts Lists Tune-up Procedure Stability each 10 degrees, Table & Graph Spurious signals measured by substitution method on the REC 3-meter Test Site, with a Test Site photo and MPE measured & calculated. It is my professional opinion that this device complies with all FCC Rules, Regulations and Policies. A grant would be appreciated ASAP. Thanks for your assistance in this certification application. Sincerely yours, Norwood J. Patterson Norwood J. Patterson January 7, 2003 Com Dev Letter-FCC Lab re AP

Attachment #1 Confidential Request COM DEV Broadband Revised 1/29/03 5:56 PM Radio & Tv Engineering Co. ¶ 1 * Exhibit Revised 1/29/2003 Amended Wednesday, January 29,2003 REQUEST FOR CONFIDENTIALITY CONTAINED WITHIN this LETTER. Federal Communications Commission Authorization and Evaluation Division 7435 Oakland Mills Road Columbia, Maryland 21046 Re: FCC ID: JJA-90010000xx, M/ERGY Base Station (AP), Application for 1900 MHz CDMA Wireless Internet Access Terminal Transceiver Equipment Authorization (Certification) FCC 731Ea #871490 Correspondence #24760 Gentlemen: Lober & Walsh Engineering, Inc. doing business as COM DEV Broadband, 805 Aerovista Place, San Luis Obispo, California 93401 herein submits "Electronic" Application for Equipment Authorization (to be followed by submission of check in the amount of $145.00 along with Form 159 and a check for $495.00 with Form 731 sent to the FCC at Pittsburgh for Certification of a 1900 mHz CDMA Wireless Internet Terminal Transceiver under FCC Rule Part 24(e), FCC ID: JJA-9001000101. In addition to confidentiality for the entire application prior to grant (per 47CFR0.457(d)(1) (ii)), COM DEV Broadband requests, pursuant to 47 CFR 0.459, post-grant confidentiality for portions of the material contained in this application such that the identified material will be withheld from public inspection following the grant of this authorization. This material as indicated by request for confidentiality of the items during the electronic submission process and further identified herein. This Confidentiality request includes circuit diagrams RF & Digital, Parts list and Circuit descriptions. This material contains COM DEV Broadband’s confidential information and trade secrets, which COM DEV Broadband does not customarily release to the public, and which is otherwise not available to the public. Furthermore, COM DEV Broadband believes that these exhibits contain material that is leading edge technology. The information related to circuit function and complexity is not readily available, and would be of benefit to competitors and detrimental to Com Dev Broadband. COM DEV Broadband has spent a large amount of time and money to conduct the research necessary to develop this circuitry and software and obtain the first-to-market advantage as a result. Access to this information by competitors would eliminate that advantage. Please contact me by telephone at e-mail [email protected] , (805) 528-1996, by fax at (805) 528-1982 or by correspondence at the address below if there are any further questions or additional information needed concerning this filing. Regards, Norwood J. Patterson Norwood Patterson

Radio & Tv Engineering Co. 1416 Hollister Lane Los Osos, CA 93402 e-mail: [email protected] January 30, 2003 To: Federal Communications Commission Attn: Diane Poole Re: FCC fees sent to Lockbox #358315 Attached are copies of transmittal letters sent to the FCC with appropriate fees for Com Dev FCC ID:jja-90010000XX: 1. Payment Code EFT: $495.00 Form 159 was attached Check #6929 for $495 was attached FRN #: 0005-0583-00 2. Payment Code EBS: $145.00 Form 159 was attached Check #6926 for $145 was attached FRN #:0005-0583-00 If you need copies of Form 159 or checks, I can FAX them to you. From this information, you should be able to confirm that the FCC application fees have been paid. Thanks. Norwood J. Patterson Agent for Com Dev Broadband FCC-Com Dev-Diane Poole

May 31, 2002 Via UPS Overnight #A346 128 718 6 Return Receipt Requested Federal Communications Commission c/o Mellon Bank Center Three Mellon Bank Center 27 th Floor, Room 153-2713 525 William Penn Way Pittsburgh, PA 15259 Att: Wholesale Lockbox Supervisor Re: FCC Form 731 filing fee Code EBS Enclosed on behalf of COM DEV Broadband’s Confidentiality: FCC ID: JJA-90010000XX FRN #: 0005-0583-00 FCC 731 EBS Filing Fee 1. Signed FCC Form 159 2. COM DEV check #6926 for $145.00 3. Letter of Confidentiality Request The application was filed electronically on May 30, 2002: Confirmation #EA871490. If you have any questions, please contact the above. Thank you. Sincerely yours, Radio & Tv Engineering Co. Norwood J. Patterson Owner NJP:gdp Encl. FCC-ComDev AB Conf. Fee

May 31, 2002 Via UPS Overnight #A346 128 718 6 Return Receipt Requested Federal Communications Commission c/o Mellon Bank Center Three Mellon Bank Center 27 th Floor, Room 153-2713 525 William Penn Way Pittsburgh, PA 15259 Att: Wholesale Lockbox Supervisor Re: FCC Form 731 filing fee Code EFT Enclosed on behalf of COM DEV Broadband’s Confidentiality: FCC ID: JJA-90010000XX FRN #: 0005-0583-00 FCC 731 EFT Filing Fee 1. Signed FCC Form 159 2. COM DEV check #6929 for $495.00 The application was filed electronically on May 30, 2002: Confirmation #EA871490. If you have any questions, please contact the above. Thank you. Sincerely yours, Radio & Tv Engineering Co. Norwood J. Patterson Owner NJP:gdp Encl. FCC-ComDev AB EFT Fee

Exhibit Exhibit Exhibit Exhibit i Page 1 i Page 1i Page 1 i Page 1 COM DEV/REC COM DEV/RECCOM DEV/REC COM DEV/REC April 7, 2002 April 7, 2002 April 7, 2002 April 7, 2002 FCC 731 FCC 731 FCC 731 FCC 731 Electronic ElectronicElectronic Electronic COM DEV BROADBAND Exhibit Identification COM DEV BROADBAND Exhibit IdentificationCOM DEV BROADBAND Exhibit Identification COM DEV BROADBAND Exhibit Identification M/ERGY “Access Point” M/ERGY “Access Point”M/ERGY “Access Point” M/ERGY “Access Point” Ex. No. Ex. No.Ex. No. Ex. No.Description DescriptionDescription Description A AA AOperation Manual (confidentia Operation Manual (confidentiaOperation Manual (confidentia Operation Manual (confidential) l)l) l) B BB BType of Emission Type of EmissionType of Emission Type of Emission C CC CDC Voltage Current Vs Power DC Voltage Current Vs PowerDC Voltage Current Vs Power DC Voltage Current Vs Power D DD DOmitted (no tune-up required) Omitted (no tune-up required)Omitted (no tune-up required) Omitted (no tune-up required) E EE ESchematic Diagram (confidential) Schematic Diagram (confidential)Schematic Diagram (confidential) Schematic Diagram (confidential) F FF FFrequency Stability Frequency StabilityFrequency Stability Frequency Stability G GG GModulation Limit Modulation LimitModulation Limit Modulation Limit H HH HFCC ID Label FCC ID LabelFCC ID Label FCC ID Label I II IEquipment Photos (confidential) Equipment Photos (confidential)Equipment Photos (confidential) Equipment Photos (confidential) J JJ JTest Data Test DataTest Data Test Data K KK KMeasurem MeasuremMeasurem Measurement Procedures ent Proceduresent Procedures ent Procedures L LL LEquipment Used Equipment UsedEquipment Used Equipment Used M MM MAnti-Drug Statement Anti-Drug StatementAnti-Drug Statement Anti-Drug Statement N NN NOption two (2) carriers (Confidentiality) Option two (2) carriers (Confidentiality)Option two (2) carriers (Confidentiality) Option two (2) carriers (Confidentiality) O OO OOption one (1) Outdoor Cabinet Option one (1) Outdoor CabinetOption one (1) Outdoor Cabinet Option one (1) Outdoor Cabinet P PP PRF Exposure RF ExposureRF Exposure RF Exposure Q QQ QAuthority Granted REC/NJP Authority Granted REC/NJPAuthority Granted REC/NJP Authority Granted REC/NJP R RR RLetter of Compliance Letter of ComplianceLetter of Compliance Letter of Compliance Attachment #1 is a copy of the letter requesting Confidentiality. END OF REPORT END OF REPORT END OF REPORT END OF REPORT COM DEV Ex. i Pg. 1-Base

Exhibit H Pg. 1 Radio & TV Eng. Co. March 19, 2002 FCC 731 Electronic FCC Sec. 1.2.1033 (c) (11) FCC Equipment Identification Label COM DEV Broadband M/ERGY Access Point 40 mm 32 mm = Label Location on rear of Access Point Cabinet Label Font type will be Arial. Font size not less than six (6). COM DEV labe l APt FCC ID:JJA-90010000XX Model #______________ Manufactured By: COM DEV Broadband 805 Aerovista Place San Luis Obispo, Ca. 93401 e-mail: www.comdev.cc Access Point Cabinet X X

Exhibit Exhibit Exhibit Exhibit i Page 1 i Page 1i Page 1 i Page 1 COM DEV/REC COM DEV/RECCOM DEV/REC COM DEV/REC April 7, 2002 April 7, 2002 April 7, 2002 April 7, 2002 FCC 731 FCC 731 FCC 731 FCC 731 Electronic ElectronicElectronic Electronic COM DEV BROADBAND Exhibit Identification COM DEV BROADBAND Exhibit IdentificationCOM DEV BROADBAND Exhibit Identification COM DEV BROADBAND Exhibit Identification M/ERGY “Access Point” M/ERGY “Access Point”M/ERGY “Access Point” M/ERGY “Access Point” Ex. No. Ex. No.Ex. No. Ex. No.Description DescriptionDescription Description A AA AOperation Manual (confidentia Operation Manual (confidentiaOperation Manual (confidentia Operation Manual (confidential) l)l) l) B BB BType of Emission Type of EmissionType of Emission Type of Emission C CC CDC Voltage Current Vs Power DC Voltage Current Vs PowerDC Voltage Current Vs Power DC Voltage Current Vs Power D DD DOmitted (no tune-up required) Omitted (no tune-up required)Omitted (no tune-up required) Omitted (no tune-up required) E EE ESchematic Diagram (confidential) Schematic Diagram…

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