FCC Web Documents citing 2.1203

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1753A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1753A1.pdf
  • Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Federal Communications Commission (March 26, 2007) (``March 26, 2007, LOI response''). See Section 2.1204(a)(2) of the Rules, 47 C.F.R. § 2.1204(a)(2). FCC Form 740 is used to report customs data. See 47 C.F.R. § 2.1205(a). See Section 2.1204(a)(4) of the Rules, 47 C.F.R. § 2.1204(a)(4). Section 2.1203(a) of the Rules, 47 C.F.R. § 2.1203(a), permits the importation of a radiofrequency device only if ``the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section.'' See 47 C.F.R. § 1.80(b)(3). Federal Communications Commission DA 07-1753 Federal Communications Commission DA 07-1753 FEDERAL COMMUNICATIONS COMMISSION
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.pdf
  • on restricted frequencies. Accordingly, it appears that RangeVideo has violated Section 302(b) of the Act and Sections 2.803 and 2.805of the Rules by marketing in the Unites States the seven A/V transmitters listed above. Lastly, your response to the LOI indicates that you import the above-listed devices without filing FCC Form 740 with U.S. Customs declaring an import condition. Section 2.1203(a) of the Rules provides that ``[n]o radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section.'' Accordingly, it appears that RangeVideo has violated Section 2.1203 of the Rules by
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.pdf
  • marketing in the United States. Moreover, intentional radiators must comply with all applicable FCC technical standards, including the radiated emission limits set forth in Section 15.209 of the Rules. HLI admits that it marketed the Pilot View FPV 2400 video transmitter in the United States and that this device does not comply with the FCC's radiated emission limits. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the importer declares that the device meets one of the conditions for entry set forth in Section 2.1204 of the Rules. Pursuant to Section 2.1205, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.pdf
  • The Spy Store, Inc. (``Spy Store'') for marketing in the United States unauthorized radio frequency devices in violation of Section 302(b) of the Act, and Sections 2.803 and 15.205(a) of the Commission's Rules (``Rules''), and importing radio frequency devices without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. By letter of inquiry of inquiry (``LOI'') dated February 13, 2009, the Spectrum Enforcement Division of the Commission's Enforcement Bureau (``Division'') initiated an investigation into whether Spy Store is marketing in the United States an unauthorized radio frequency
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.pdf
  • GeoScience USA, Inc. (``MALÅ'') for marketing in the United States an unauthorized radio frequency device in violation of Section 302(b) of the Act (``Act''), and Section 2.803(a) of the Commission's Rules (``Rules''), and for importing a radio frequency device without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. In April of 2009, the Enforcement Bureau's Spectrum Enforcement Division (``Division'') received a complaint alleging that in February of 2009, MALÅ had been an exhibitor at a trade show and had displayed promotional materials that featured two uncertified
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.pdf
  • exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the device has been properly declared. On August 19, 2009, the Bureau issued a Letter of Inquiry to Entone. The LOI directed Entone to respond to a series of questions regarding the advertising, sale, importation, labeling, and identification of television interface
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.pdf
  • 2011 Released: April 28, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and PreSonus Audio Electronics, Inc. (``PreSonus''). The Consent Decree terminates an investigation initiated by the Bureau regarding PreSonus's compliance with section 302(b) of the Communications Act of 1934, as amended (``Act''), and sections 2.803, 2.1203, 15.19, and 15.105 of the Commission's rules (``Rules'') pertaining to the marketing of unauthorized Class B digital audio radio frequency devices. The Bureau and PreSonus have negotiated the terms of the Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.pdf
  • 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and American Music and Sound (AMS). The Consent Decree resolves and terminates the Bureau's investigation into AMS's compliance with Section 302(b) of the Communications Act of 1934, as amended (Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of unauthorized Class A digital audio radio frequency devices. The Bureau and AMS have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.pdf
  • the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and ETI Sound Systems, Inc. (ETI). The Consent Decree resolves and terminates the Bureau's investigation into ETI's compliance with Section 302(b) of the Communications Act of 1934, as amended (the Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of digital radio frequency devices, including guitar amplifiers, CD/MP3 players, and active speaker systems. The Bureau and ETI have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.pdf
  • and industrial environments.'' 47 C.F.R. § 15.3(i). Under the verification procedures, the manufacturer of radio frequency devices, or the importer in the case of imported devices, must make measurements or take the necessary steps to obtain measurements to ensure that the subject devices comply with the Commission's technical standards. See 47 C.F.R. § 2.902(a). See 47 C.F.R. §§ 15.19(a)(3), 15.105(b), 2.1203-05; see also supra n. 10, 11, 12 and accompanying text. See 47 C.F.R. § 2.803(e). See supra n. 5. 47 C.F.R. §§ 15.107 and 109. 47 C.F.R. § 15.19(a)(3). 47 C.F.R. § 15.105(b). 47 C.F.R. §§ 2.1203-2.1205. See Behringer USA, Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 1820 (2006). Id. at 1824 ¶ 11 and 1825-26 ¶
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.pdf
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. § 2.1204. See 47 C.F.R. § 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. § 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. Letter from Kathryn
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.pdf
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. § 2.1204. See 47 C.F.R. § 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. § 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.pdf
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. § 2.1204. See 47 C.F.R. § 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. § 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.txt
  • are designed to prevent interference from radio-frequency devices and to facilitate the filing of FCC Form 740 information regarding equipment importation. Need: These rules control technical criteria, reducing filing and handling burden on both importers and the federal government, including the U.S. Customs Service. Legal Basis: 27 U.S.C. §§ 154(I), 302, 303(r). Section Number and Title: 2.1201 Purpose. 2.1202 Exclusions. 2.1203 General requirement for entry into the U.S.A. 2.1204 Import conditions. 2.1205 Filing of required declaration. 2.1207 Examination of imported equipment. SUBPART N -- FCC Procedure for Testing Class A, B, and S Emergency Position Indicating Radiobeacons (EPIRBs) Brief Description: These rules set standards for testing Class A, B, and S Emergency Position Indicating Radiobeacons (EPIRBs) Need: These rules are necessary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2561A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2561A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2561A1.txt
  • on similar allegations made by AirCell against one of the petitioners. See Letter from Bill Gordon, V.P. Federal Regulatory Affairs, AirCell, Inc., filed September 18, 2002. See also response of petitioners, Letter from L. Andrew Tollin, Wilkinson Barker Knauer, LLP, filed September 23, 2002. See 47 U.S.C. § 333; see also 47 U.S.C. §§ 301, 302(a), 47 C.F.R. §§ 2.803, 2.1203, 22.377, http://wireless.fcc.gov/services/cellular/operations/blockingjamming.htm l. See In the Matter of AirCell, Inc., Petition, Pursuant to Section 7 of the Act, for a Waiver of the Airborne Cellular Rule, or, in the Alternative, for a Declaratory Ruling, Order, 14 FCC Rcd. 806 (WTB 1998), recon. granted in part, denied in part, DA 99-1522 (WTB 1999), app. for rev. Denied 15 FCC Rcd. 9622
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.txt
  • as amended (``Communications Act''), 47 U.S.C. § 503(b)(5), for: (1) marketing an unauthorized radio frequency (``RF'') device in the United States in violation of Section 302(b) of the Communications Act, 47 U.S.C. § 302a(b), and Section 2.803(a) of the Commission's Rules (``Rules''), 47 C.F.R. § 2.803(a); and (2) importing RF devices without declaring an import condition in violation of Section 2.1203 of the Rules, 47 C.F.R. § 2.1203. As explained below, future violations of the Commission's rules in this regard may subject you to monetary forfeitures. Your response of July 14, 2005, to our letter of inquiry (``LOI'') indicates that you marketed an uncertified video transmitter designated as the ShotWatcher until June 27, 2005. According to your response, the ShotWatcher operates
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2928A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2928A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2928A1.txt
  • 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. 47 C.F.R. §§ 15.201(b), 2.1204(a)(1). See 47 C.F.R. §§ 2.909(a), 2.1203(a). Bureau D'Electronique Appliquee, Inc., 20 FCC Rcd 3445 (Enf. Bur. 2005) (``NAL''). See infra note 14 and accompanying text. See NAL, 20 FCC Rcd at 3447 ¶ 6. Id. at 3446 ¶ 3, 3448 ¶ 9. Id. at 3446 ¶ 3. Id. at 3448 ¶ 9 n. 23. See NAL, 20 FCC Rcd at 3448 ¶ 10; see also infra
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1753A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1753A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1753A1.txt
  • Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Federal Communications Commission (March 26, 2007) (``March 26, 2007, LOI response''). See Section 2.1204(a)(2) of the Rules, 47 C.F.R. § 2.1204(a)(2). FCC Form 740 is used to report customs data. See 47 C.F.R. § 2.1205(a). See Section 2.1204(a)(4) of the Rules, 47 C.F.R. § 2.1204(a)(4). Section 2.1203(a) of the Rules, 47 C.F.R. § 2.1203(a), permits the importation of a radiofrequency device only if ``the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section.'' See 47 C.F.R. § 1.80(b)(3). Federal Communications Commission DA 07-1753 Federal Communications Commission DA 07-1753 FEDERAL COMMUNICATIONS COMMISSION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.txt
  • on restricted frequencies. Accordingly, it appears that RangeVideo has violated Section 302(b) of the Act and Sections 2.803 and 2.805of the Rules by marketing in the Unites States the seven A/V transmitters listed above. Lastly, your response to the LOI indicates that you import the above-listed devices without filing FCC Form 740 with U.S. Customs declaring an import condition. Section 2.1203(a) of the Rules provides that ``[n]o radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section.'' Accordingly, it appears that RangeVideo has violated Section 2.1203 of the Rules by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.txt
  • marketing in the United States. Moreover, intentional radiators must comply with all applicable FCC technical standards, including the radiated emission limits set forth in Section 15.209 of the Rules. HLI admits that it marketed the Pilot View FPV 2400 video transmitter in the United States and that this device does not comply with the FCC's radiated emission limits. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the importer declares that the device meets one of the conditions for entry set forth in Section 2.1204 of the Rules. Pursuant to Section 2.1205, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.txt
  • The Spy Store, Inc. (``Spy Store'') for marketing in the United States unauthorized radio frequency devices in violation of Section 302(b) of the Act, and Sections 2.803 and 15.205(a) of the Commission's Rules (``Rules''), and importing radio frequency devices without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. By letter of inquiry of inquiry (``LOI'') dated February 13, 2009, the Spectrum Enforcement Division of the Commission's Enforcement Bureau (``Division'') initiated an investigation into whether Spy Store is marketing in the United States an unauthorized radio frequency
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.txt
  • GeoScience USA, Inc. (``MALÅ'') for marketing in the United States an unauthorized radio frequency device in violation of Section 302(b) of the Act (``Act''), and Section 2.803(a) of the Commission's Rules (``Rules''), and for importing a radio frequency device without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. In April of 2009, the Enforcement Bureau's Spectrum Enforcement Division (``Division'') received a complaint alleging that in February of 2009, MALÅ had been an exhibitor at a trade show and had displayed promotional materials that featured two uncertified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.txt
  • exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the device has been properly declared. On August 19, 2009, the Bureau issued a Letter of Inquiry to Entone. The LOI directed Entone to respond to a series of questions regarding the advertising, sale, importation, labeling, and identification of television interface
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.txt
  • 2011 Released: April 28, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and PreSonus Audio Electronics, Inc. (``PreSonus''). The Consent Decree terminates an investigation initiated by the Bureau regarding PreSonus's compliance with section 302(b) of the Communications Act of 1934, as amended (``Act''), and sections 2.803, 2.1203, 15.19, and 15.105 of the Commission's rules (``Rules'') pertaining to the marketing of unauthorized Class B digital audio radio frequency devices. The Bureau and PreSonus have negotiated the terms of the Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.txt
  • 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and American Music and Sound (AMS). The Consent Decree resolves and terminates the Bureau's investigation into AMS's compliance with Section 302(b) of the Communications Act of 1934, as amended (Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of unauthorized Class A digital audio radio frequency devices. The Bureau and AMS have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.txt
  • the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and ETI Sound Systems, Inc. (ETI). The Consent Decree resolves and terminates the Bureau's investigation into ETI's compliance with Section 302(b) of the Communications Act of 1934, as amended (the Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of digital radio frequency devices, including guitar amplifiers, CD/MP3 players, and active speaker systems. The Bureau and ETI have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-13A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-13A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-13A1.txt
  • be supplied with the equipment. 47 C.F.R. § 2.902(a). 47 C.F.R. § 2.803(e)(4). 47 C.F.R. § 15.101. A Class B digital device is ``a device marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. § 15.3(i). 47 C.F.R. §§ 15.107, 15.109. 47 C.F.R. § 15.19(a)(3). 47 C.F.R. § 15.105(b). 47 C.F.R. §§ 2.1203-2.1205. See Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission to Doug White, President, Behringer USA, Inc. (March 29, 2004) (``First LOI''). See Letter from Delbert D. Smith, Esq. and Michael J. Mendelson, Esq., Jones Day to Brian Butler, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (dated April 19, 2004) (``LOI Response'').
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.txt
  • and industrial environments.'' 47 C.F.R. § 15.3(i). Under the verification procedures, the manufacturer of radio frequency devices, or the importer in the case of imported devices, must make measurements or take the necessary steps to obtain measurements to ensure that the subject devices comply with the Commission's technical standards. See 47 C.F.R. § 2.902(a). See 47 C.F.R. §§ 15.19(a)(3), 15.105(b), 2.1203-05; see also supra n. 10, 11, 12 and accompanying text. See 47 C.F.R. § 2.803(e). See supra n. 5. 47 C.F.R. §§ 15.107 and 109. 47 C.F.R. § 15.19(a)(3). 47 C.F.R. § 15.105(b). 47 C.F.R. §§ 2.1203-2.1205. See Behringer USA, Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 1820 (2006). Id. at 1824 ¶ 11 and 1825-26 ¶
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.txt
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. § 2.1204. See 47 C.F.R. § 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. § 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. Letter from Kathryn
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.txt
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. § 2.1204. See 47 C.F.R. § 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. § 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.txt
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. § 2.1204. See 47 C.F.R. § 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. § 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2394A1.html
  • Act of 1934, as amended (``Communications Act''), 47 U.S.C. 503(b)(5), for: (1) marketing an unauthorized radio frequency (``RF'') device in the United States in violation of Section 302(b) of the Communications Act, 47 U.S.C. 302a(b), and Section 2.803(a) of the Commission's Rules (``Rules''), 47 C.F.R. 2.803(a); and (2) importing RF devices without declaring an import condition in violation of Section 2.1203 of the Rules, 47 C.F.R. 2.1203. As explained below, future violations of the Commission's rules in this regard may subject you to monetary forfeitures. Your response of July 14, 2005, to our letter of inquiry (``LOI'') indicates that you marketed an uncertified video transmitter designated as the ShotWatcher until June 27, 2005. According to your response, the ShotWatcher operates on
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
  • of Conformity be supplied with the equipment. 47 C.F.R. 2.902(a). 5 47 C.F.R. 2.803(e)(4). 6 47 C.F.R. 15.101. 7 A Class B digital device is ``a device marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. 15.3(i). 8 47 C.F.R. 15.107, 15.109. 947 C.F.R. 15.19(a)(3). 10 47 C.F.R. 15.105(b). 11 47 C.F.R. 2.1203-2.1205. 12 See Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission to Doug White, President, Behringer USA, Inc. (March 29, 2004) (``First LOI''). 13 See Letter from Delbert D. Smith, Esq. and Michael J. Mendelson, Esq., Jones Day to Brian Butler, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (dated April 19, 2004)
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1753A1.html
  • Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Federal Communications Commission (March 26, 2007) ("March 26, 2007, LOI response"). See Section 2.1204(a)(2) of the Rules, 47 C.F.R. S 2.1204(a)(2). FCC Form 740 is used to report customs data. See 47 C.F.R. S 2.1205(a). See Section 2.1204(a)(4) of the Rules, 47 C.F.R. S 2.1204(a)(4). Section 2.1203(a) of the Rules, 47 C.F.R. S 2.1203(a), permits the importation of a radiofrequency device only if "the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section." See 47 C.F.R. S 1.80(b)(3). Federal Communications Commission DA 07-1753 4 Federal Communications Commission DA 07-1753 FEDERAL COMMUNICATIONS
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-100A1.html
  • and industrial environments." 47 C.F.R. S 15.3(i). Under the verification procedures, the manufacturer of radio frequency devices, or the importer in the case of imported devices, must make measurements or take the necessary steps to obtain measurements to ensure that the subject devices comply with the Commission's technical standards. See 47 C.F.R. S 2.902(a). See 47 C.F.R. SS 15.19(a)(3), 15.105(b), 2.1203-05; see also supra n. 10, 11, 12 and accompanying text. See 47 C.F.R. S 2.803(e). See supra n. 5. 47 C.F.R. SS 15.107 and 109. 47 C.F.R. S 15.19(a)(3). 47 C.F.R. S 15.105(b). 47 C.F.R. SS 2.1203-2.1205. See Behringer USA, Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 1820 (2006). Id. at 1824 P 11 and 1825-26 P
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-105A1.html
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. S 2.1204. See 47 C.F.R. S 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. S 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. Letter from Kathryn
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-106A1.html
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. S 2.1204. See 47 C.F.R. S 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. S 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1685A1.html
  • on restricted frequencies. Accordingly, it appears that RangeVideo has violated Section 302(b) of the Act and Sections 2.803 and 2.805of the Rules by marketing in the Unites States the seven A/V transmitters listed above. Lastly, your response to the LOI indicates that you import the above-listed devices without filing FCC Form 740 with U.S. Customs declaring an import condition. Section 2.1203(a) of the Rules provides that "[n]o radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section." Accordingly, it appears that RangeVideo has violated Section 2.1203 of the Rules by
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-109A1.html
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. S: 2.1204. See 47 C.F.R. S: 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. S: 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1626A1.html
  • marketing in the United States. Moreover, intentional radiators must comply with all applicable FCC technical standards, including the radiated emission limits set forth in Section 15.209 of the Rules. HLI admits that it marketed the Pilot View FPV 2400 video transmitter in the United States and that this device does not comply with the FCC's radiated emission limits. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the importer declares that the device meets one of the conditions for entry set forth in Section 2.1204 of the Rules. Pursuant to Section 2.1205, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1697A1.html
  • The Spy Store, Inc. ("Spy Store") for marketing in the United States unauthorized radio frequency devices in violation of Section 302(b) of the Act, and Sections 2.803 and 15.205(a) of the Commission's Rules ("Rules"), and importing radio frequency devices without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. By letter of inquiry of inquiry ("LOI") dated February 13, 2009, the Spectrum Enforcement Division of the Commission's Enforcement Bureau ("Division") initiated an investigation into whether Spy Store is marketing in the United States an unauthorized radio frequency
• http://transition.fcc.gov/eb/Orders/2010/DA-10-7A1.html
  • GeoScience USA, Inc. ("MALAA") for marketing in the United States an unauthorized radio frequency device in violation of Section 302(b) of the Act ("Act"), and Section 2.803(a) of the Commission's Rules ("Rules"), and for importing a radio frequency device without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. In April of 2009, the Enforcement Bureau's Spectrum Enforcement Division ("Division") received a complaint alleging that in February of 2009, MALAA had been an exhibitor at a trade show and had displayed promotional materials that featured two uncertified
• http://transition.fcc.gov/eb/Orders/2010/DA-10-804A1.html
  • exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the device has been properly declared. 2. On August 19, 2009, the Bureau issued a Letter of Inquiry to Entone. The LOI directed Entone to respond to a series of questions regarding the advertising, sale, importation, labeling, and identification of television
• http://transition.fcc.gov/eb/Orders/2011/DA-11-754A1.html
  • Released: April 28, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and PreSonus Audio Electronics, Inc. ("PreSonus"). The Consent Decree terminates an investigation initiated by the Bureau regarding PreSonus's compliance with section 302(b) of the Communications Act of 1934, as amended ("Act"), and sections 2.803, 2.1203, 15.19, and 15.105 of the Commission's rules ("Rules") pertaining to the marketing of unauthorized Class B digital audio radio frequency devices. 2. The Bureau and PreSonus have negotiated the terms of the Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the
• http://transition.fcc.gov/eb/Orders/2012/DA-12-270A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and American Music and Sound (AMS). The Consent Decree resolves and terminates the Bureau's investigation into AMS's compliance with Section 302(b) of the Communications Act of 1934, as amended (Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of unauthorized Class A digital audio radio frequency devices. 2. The Bureau and AMS have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and
• http://transition.fcc.gov/eb/Orders/2012/DA-12-360A1.html
  • Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and ETI Sound Systems, Inc. (ETI). The Consent Decree resolves and terminates the Bureau's investigation into ETI's compliance with Section 302(b) of the Communications Act of 1934, as amended (the Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of digital radio frequency devices, including guitar amplifiers, CD/MP3 players, and active speaker systems. 2. The Bureau and ETI have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms
• http://www.fcc.gov/Bureaus/Compliance/Orders/1999/fcc99326.doc
  • the Second Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C. § 604(b). 47 C.F.R. §§2.801-2.815 Report and Order, Amendment of Part 2 With Respect to Importation of Certain Electronic Equipment, 59 FCC Rcd 2d 1083 (1976). The 1976 Report and Order adopted the original importation requirements. 47 C.F.R § 2.1203(a) Report and Order, Amendment of Part 2 of the Rules Concerning the Importation of Radio Frequency Devices Capable of Causing Harmful Interference, 6 FCC Rcd 3296 (1991). Order and Notice of Proposed Rule Making, 13 FCC Rcd 13629 (1998). Id. at ¶ 5. Id. 47 C.F.R. § 2.1204(a)(5). Comments of GTE Services Corporation, at 2. GTE comments at 2-5. Iridium
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/da992150.doc
  • permit these devices to be manufactured, imported, marketed or operated within the United States. Section 302(b) of the Communications Act, 47 USC 302(b), prohibits the manufacture, importation, sale, offer for sale, or use of devices that fail to comply with the regulations promulgated pursuant to this section. Similar prohibitions are contained in the Commission's rules, e.g., 47 CFR Sections 2.803, 2.1203, and 22.377. In addition, in accordance with Section 301 of the Communications Act, 47 USC 301, persons operating or using radio transmitters must be licensed or authorized under the Commission's rules. There are no provisions in the FCC's rules that permit the operation of any device intended to interfere with cellular communications. Further, Section 333 of the Communications Act, 47
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100107.html
  • PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS (2 OF 2). OMD . Contact: Jason Lewis at (202) 418-0310 [12]DOC-295529A1.pdf [13]DOC-295529A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MALA GEOSCIENCE USA, INC. Issued an Official Citation to MALA GeoScience USA,Inc. for marketing and importing an unauthorized radio frequency device in violation of Section 302(b) of the Act and Sections 2.803(a) and 2.1203 of the Rules. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau by Citations. (DA No. 10-7). EB [14]DA-10-7A1.doc [15]DA-10-7A1.pdf [16]DA-10-7A1.txt JERRY AND DEBORAH STEVENS. Issued a monetary forfeiture in the amount of $10,000 to Jerry and Deborah Stevens for operating an unlicensed radio transmitter on the frequency 90.1 MHz in Austin, Texas. Action by: Regional Director, South Central Region, Enforcement
• http://www.fcc.gov/eb/Orders/2005/DA-05-2394A1.html
  • Act of 1934, as amended (``Communications Act''), 47 U.S.C. 503(b)(5), for: (1) marketing an unauthorized radio frequency (``RF'') device in the United States in violation of Section 302(b) of the Communications Act, 47 U.S.C. 302a(b), and Section 2.803(a) of the Commission's Rules (``Rules''), 47 C.F.R. 2.803(a); and (2) importing RF devices without declaring an import condition in violation of Section 2.1203 of the Rules, 47 C.F.R. 2.1203. As explained below, future violations of the Commission's rules in this regard may subject you to monetary forfeitures. Your response of July 14, 2005, to our letter of inquiry (``LOI'') indicates that you marketed an uncertified video transmitter designated as the ShotWatcher until June 27, 2005. According to your response, the ShotWatcher operates on
• http://www.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
  • of Conformity be supplied with the equipment. 47 C.F.R. 2.902(a). 5 47 C.F.R. 2.803(e)(4). 6 47 C.F.R. 15.101. 7 A Class B digital device is ``a device marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. 15.3(i). 8 47 C.F.R. 15.107, 15.109. 947 C.F.R. 15.19(a)(3). 10 47 C.F.R. 15.105(b). 11 47 C.F.R. 2.1203-2.1205. 12 See Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission to Doug White, President, Behringer USA, Inc. (March 29, 2004) (``First LOI''). 13 See Letter from Delbert D. Smith, Esq. and Michael J. Mendelson, Esq., Jones Day to Brian Butler, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (dated April 19, 2004)
• http://www.fcc.gov/eb/Orders/2007/DA-07-1753A1.html
  • Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Federal Communications Commission (March 26, 2007) ("March 26, 2007, LOI response"). See Section 2.1204(a)(2) of the Rules, 47 C.F.R. S 2.1204(a)(2). FCC Form 740 is used to report customs data. See 47 C.F.R. S 2.1205(a). See Section 2.1204(a)(4) of the Rules, 47 C.F.R. S 2.1204(a)(4). Section 2.1203(a) of the Rules, 47 C.F.R. S 2.1203(a), permits the importation of a radiofrequency device only if "the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section." See 47 C.F.R. S 1.80(b)(3). Federal Communications Commission DA 07-1753 4 Federal Communications Commission DA 07-1753 FEDERAL COMMUNICATIONS
• http://www.fcc.gov/eb/Orders/2007/FCC-07-100A1.html
  • and industrial environments." 47 C.F.R. S 15.3(i). Under the verification procedures, the manufacturer of radio frequency devices, or the importer in the case of imported devices, must make measurements or take the necessary steps to obtain measurements to ensure that the subject devices comply with the Commission's technical standards. See 47 C.F.R. S 2.902(a). See 47 C.F.R. SS 15.19(a)(3), 15.105(b), 2.1203-05; see also supra n. 10, 11, 12 and accompanying text. See 47 C.F.R. S 2.803(e). See supra n. 5. 47 C.F.R. SS 15.107 and 109. 47 C.F.R. S 15.19(a)(3). 47 C.F.R. S 15.105(b). 47 C.F.R. SS 2.1203-2.1205. See Behringer USA, Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 1820 (2006). Id. at 1824 P 11 and 1825-26 P
• http://www.fcc.gov/eb/Orders/2007/FCC-07-105A1.html
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. S 2.1204. See 47 C.F.R. S 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. S 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. Letter from Kathryn
• http://www.fcc.gov/eb/Orders/2007/FCC-07-106A1.html
  • the responsible party, the party performing the modification becomes the new responsible party. No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee declares that the device meets one of the conditions for entry specified in Section 2.1204 of the Rules, 47 C.F.R. S 2.1204. See 47 C.F.R. S 2.1203. Such import declarations are filed with the U.S. Customs and Border Patrol on FCC Form 740, or electronically where electronic filing is available. 47 C.F.R. S 2.1205. The Enforcement Bureau, in turn, receives this importation data from Customs and uses it to monitor compliance with the DTV tuner requirements and other requirements applicable to radio frequency devices. See Letter from
• http://www.fcc.gov/eb/Orders/2008/DA-08-1685A1.html
  • on restricted frequencies. Accordingly, it appears that RangeVideo has violated Section 302(b) of the Act and Sections 2.803 and 2.805of the Rules by marketing in the Unites States the seven A/V transmitters listed above. Lastly, your response to the LOI indicates that you import the above-listed devices without filing FCC Form 740 with U.S. Customs declaring an import condition. Section 2.1203(a) of the Rules provides that "[n]o radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, declares that the device meets one of the conditions for entry set out in this section." Accordingly, it appears that RangeVideo has violated Section 2.1203 of the Rules by
• http://www.fcc.gov/eb/Orders/2009/DA-09-1697A1.html
  • The Spy Store, Inc. ("Spy Store") for marketing in the United States unauthorized radio frequency devices in violation of Section 302(b) of the Act, and Sections 2.803 and 15.205(a) of the Commission's Rules ("Rules"), and importing radio frequency devices without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. By letter of inquiry of inquiry ("LOI") dated February 13, 2009, the Spectrum Enforcement Division of the Commission's Enforcement Bureau ("Division") initiated an investigation into whether Spy Store is marketing in the United States an unauthorized radio frequency
• http://www.fcc.gov/eb/Orders/2010/DA-10-7A1.html
  • GeoScience USA, Inc. ("MALAA") for marketing in the United States an unauthorized radio frequency device in violation of Section 302(b) of the Act ("Act"), and Section 2.803(a) of the Commission's Rules ("Rules"), and for importing a radio frequency device without filing FCC Form 740 (or the electronic equivalent) with the United States Customs and Border Patrol in violation of Section 2.1203 of the Rules. As explained below, future violations of the Commission's rules in this regard may subject your company to monetary forfeitures. In April of 2009, the Enforcement Bureau's Spectrum Enforcement Division ("Division") received a complaint alleging that in February of 2009, MALAA had been an exhibitor at a trade show and had displayed promotional materials that featured two uncertified
• http://www.fcc.gov/eb/Orders/2010/DA-10-804A1.html
  • exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory of the United States unless the device has been properly declared. 2. On August 19, 2009, the Bureau issued a Letter of Inquiry to Entone. The LOI directed Entone to respond to a series of questions regarding the advertising, sale, importation, labeling, and identification of television
• http://www.fcc.gov/eb/Orders/2011/DA-11-754A1.html
  • Released: April 28, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and PreSonus Audio Electronics, Inc. ("PreSonus"). The Consent Decree terminates an investigation initiated by the Bureau regarding PreSonus's compliance with section 302(b) of the Communications Act of 1934, as amended ("Act"), and sections 2.803, 2.1203, 15.19, and 15.105 of the Commission's rules ("Rules") pertaining to the marketing of unauthorized Class B digital audio radio frequency devices. 2. The Bureau and PreSonus have negotiated the terms of the Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the
• http://www.fcc.gov/eb/Orders/2012/DA-12-270A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and American Music and Sound (AMS). The Consent Decree resolves and terminates the Bureau's investigation into AMS's compliance with Section 302(b) of the Communications Act of 1934, as amended (Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of unauthorized Class A digital audio radio frequency devices. 2. The Bureau and AMS have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and
• http://www.fcc.gov/eb/Orders/2012/DA-12-360A1.html
  • Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and ETI Sound Systems, Inc. (ETI). The Consent Decree resolves and terminates the Bureau's investigation into ETI's compliance with Section 302(b) of the Communications Act of 1934, as amended (the Act), and Sections 2.803, 2.1203, 15.19, 15.21, and 15.105 of the Commission's rules (Rules) pertaining to the marketing of digital radio frequency devices, including guitar amplifiers, CD/MP3 players, and active speaker systems. 2. The Bureau and ETI have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms