FCC Web Documents citing 2.1204

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
  • (``Act''), 47 U.S.C. � 503(b)(5), for marketing unauthorized radio frequency devices in the United States in violation of Section 302(b) of the Act, 47 U.S.C. � 302a(b), and Section 2.803 of the Commission's Rules (``Rules''), 47 C.F.R. � 2.803; for importing radio frequency devices that do not meet one or more of the specified import conditions in violation of Section 2.1204(a) of the Rules, 47 C.F.R. � 2.1204(a); and for being unable to document compliance with the selected import conditions in violation of Section 2.1204(b) of the Rules, 47 C.F.R. � 2.1204(b). As explained below, future violations of these rules may subject Tower to monetary forfeitures. Marketing Unauthorized Radiofrequency Devices in the United States After receiving a complaint, the Spectrum Enforcement
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.pdf
  • frequency is, however, a restricted frequency under Section 15.205(a) of the Rules. Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at <> (OET, rel. May 13, 1996) (``Notice''). Id. See 47 C.F.R. � 2.1205. Under Section 2.1205, the required declaration may be filed electronically. In addition, the specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. � 2.1204. See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 08-1685 Federal Communications Commission DA 08-1685 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 h C D j � � � � � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}�� W/ x">46/��^���aУR �M(c)tmR�X��F� ���-6
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.pdf
  • 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 Form 740, where electronic filing with Customs has not been implemented. HLI admits that it imported units of the Pilot View FPV 2400 without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1697A1.pdf
  • 15.205(a) of the Rules. Thus, this device cannot comply with the FCC's technical standards and therefore cannot be certified or marketed. 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 Form 740, where electronic filing with Customs has not been implemented. Spy Store admits that it imported units of the GPS-JM2 GPS Jammer without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-7A1.pdf
  • prior certification, and without accompanying the marketing materials for that device with a disclaimer that satisfied the requirements of Rule 2.803(c). 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 of the Rules, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC Form 740, where electronic filing with Customs has not been implemented. In your LOI Response, you admit that you imported one unit of the MSR 300 into the United States without properly filing a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-804A1.pdf
  • May 14, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Entone, Inc. (``Entone''). The Consent Decree terminates an investigation by the Bureau into whether Entone violated Section 302(b) of the Communications Act of 1934, as amended, (``Act''), and Sections 2.803(a), 2.925, 2.1074, 2.1204, and 15.19 of the Commission's Rules (``Rules'') regarding the marketing, labeling, and identification of unauthorized radio frequency devices. The Bureau and Entone have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-754A1.pdf
  • as ``a digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. � 15.3(i). See 47 C.F.R. � 2.902. See 47 C.F.R. � 2.906. 47 C.F.R. � 15.107. 47 C.F.R. � 15.109. 47 C.F.R. � 15.19. 47 C.F.R. � 15.105. 47 C.F.R. � 2.1203; see also 47 C.F.R. �� 2.1204, 2.1205. See LOI, supra note 3. See Letter from Clifford M. Harrington and Tony Lin, Counsel for PreSonus Audio Electronics, Inc. to Nissa Laughner, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (September 10, 2010). Tolling Agreement, File No. EB-10-SE-053, executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Jim Mack, Chief
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-105A1.pdf
  • equipment is modified by any party not working under the authority of 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-106A1.pdf
  • equipment is modified by any party not working under the authority of 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-109A1.pdf
  • equipment is modified by any party not working under the authority of 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
• 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
  • 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 to provide manufacturers with information necessary to develop
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1705A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1705A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1705A1.txt
  • and/or distribute devices following equipment authorization, while maintaining the confidentiality of detailed technical information about the product prior to product launch. Electronic submittal of a request for such confidentiality will ensure expedited approval and will make it less burdensome for manufacturers and distributors to comply with the marketing regulations in 47 CFR �2.803 and the importation rules in 47 CFR �2.1204, while ensuring that business sensitive information remains confidential until the actual marketing of newly authorized devices. Such confidentiality will extend for 45 days from the date of the Grant of Equipment Authorization, and, absent any other action, the subject exhibits will be automatically placed on the public database at the end of this period. However, if prior to the expiration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2253A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2253A1.txt
  • amplifiers being improperly marketed and imported into the US pursuant to our Verification procedures, despite associated instructions and marketing materials that clearly indicate that they contemplate a connection to a personal computer via a USB port or other connection. This connection places the device into the category of a Class B personal computer peripheral, and under Sections 15.101, 2.803, and 2.1204 of the Commission's rules (47 C.F.R. �� 15.101, 2.803, 2.1204) the device must either be authorized under the Declaration of Conformity procedures (Sections 2.1071-1077) or certification procedures (Sections 2.1031 et al), All digital devices are subject to the same emissions limits, however, different approval processes have been established based on the complexity of testing required to conform with the rules.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3553A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3553A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3553A1.txt
  • Equipment authorization must be obtained for ATC user terminals pursuant to the test-based certification procedure specified in Part 2, Subpart J of the Commission's rules before such devices are marketed in the United States or imported for sale or lease in the United States. 47 C.F.R. � 25.149(c)(1) and (2). Also see 47 C.F.R. �� 2.803, 2.901 et seq., and 2.1204. Dual-mode MSS/ATC terminals are also subject to blanket licensing for the earth-station component. ATC Report and Order at �248. The other petitioners are Inmarsat Ventures Ltd, the U.S. GPS Industry Council, the Cellular Telecommunications and Internet Association, Cingular Wireless LLC, The Boeing Company, and the Society of Broadcast Engineers, Inc. Coordination of use of upper and lower L-Band frequencies for
• 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
  • ... The Shotwatcher can be used on every shoot - indoors, outdoors, run-and-gun, hand-held, b-roll, news, sports, documentaries - it makes no difference.'' An intentional radiator is ``A device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. � 15.3 (o). See 47 C.F.R. � 2.1205. The specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. � 2.1204. See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 05-2394 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 " - . / ? O P Q S \ ^ l m t � � `` � � � � *� � " h� -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...���
• 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
  • use devices, which fail to comply with regulations promulgated pursuant to this section.'' Section 2.803(a) of the Commission's implementing regulations prohibits the selling, leasing, or offering for sale or lease (including advertising for sale or lease) radio frequency devices subject to certification, unless the Commission certificates that such devices are compliant with applicable equipment technical standards. Additionally, Sections 15.201(b) and 2.1204(a)(1) of the Commission's implementing regulations, respectively, require that intentional radiating devices be certificated prior to importation into and marketing within the United States. B.E.A., as the manufacturer and the importer of intentional radiating equipment, is responsible for ensuring that its equipment complies with the Commission's technical standards and is certificated. The Notice of Apparent Liability for Forfeiture (``NAL'') proposed a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-121A1.txt
  • mobile earth stations. Id. at �245. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; also see 47 C.F.R. �� 1.1307, 17.4, and 17.7. 47 C.F.R. � 25.149(c)(1) and (2). Also see 47 C.F.R. �� 2.803, 2.901 et seq., and 2.1204. ATC Report and Order at � 72. 47 C.F.R. � 25.149(b)(1). 47 C.F.R. � 25.149(b)(2). 47 C.F.R. � 25.149(b)(3). 47 C.F.R. � 25.149(b)(4). See 47 C.F.R. � 25.149(b) and Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands; Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite
• 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
  • (``Act''), 47 U.S.C. � 503(b)(5), for marketing unauthorized radio frequency devices in the United States in violation of Section 302(b) of the Act, 47 U.S.C. � 302a(b), and Section 2.803 of the Commission's Rules (``Rules''), 47 C.F.R. � 2.803; for importing radio frequency devices that do not meet one or more of the specified import conditions in violation of Section 2.1204(a) of the Rules, 47 C.F.R. � 2.1204(a); and for being unable to document compliance with the selected import conditions in violation of Section 2.1204(b) of the Rules, 47 C.F.R. � 2.1204(b). As explained below, future violations of these rules may subject Tower to monetary forfeitures. Marketing Unauthorized Radiofrequency Devices in the United States After receiving a complaint, the Spectrum Enforcement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-668A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-668A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-668A1.txt
  • public interest need for the rules implemented by OET are generally unaffected by the degree of economic competition among those entities covered by these rules. We note, however, that we received two comments and three reply comments in response to our August 2006 Public Notice. OET has reviewed these comments and reply comments and finds that minor revisions to sections 2.1204 and 15.19(b)(3) of the Commission's Rules may be desirable. Accordingly, we recommend to the Commission that it issue a Notice of Proposed Rulemaking to consider these revisions. This Staff Report describes OET's extensive efforts in the last two years to update its rules to facilitate new technologies and services for the public and to provide for increased competition in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-669A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-669A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-669A1.txt
  • reasons other than the development of economic competition between telecommunications service providers, certain of the Commission's rules in their current form may no longer be in the public interest and recommends that the Commission initiate proceedings to consider whether to modify or repeal Commission rules, rule parts, or portions thereof, which are codified in 47 C.F.R., including: Sections 1.5000-1.5007; Section 2.1204; Section 15.19(b)(3); Part 17; Section 20.12; Section 20.20; Sections 24.239-24.253; Part 25; Part 64, subpart A; Sections 101.69-101.81. The staff reports satisfy the requirements of Section 11(a) to identify current rules that should be modified or repealed. Under Section 11(b), the Commission is directed to "repeal or modify any regulation it determines to be no longer necessary in the public
• 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
  • frequency is, however, a restricted frequency under Section 15.205(a) of the Rules. Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at <> (OET, rel. May 13, 1996) (``Notice''). Id. See 47 C.F.R. � 2.1205. Under Section 2.1205, the required declaration may be filed electronically. In addition, the specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. � 2.1204. See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 08-1685 Federal Communications Commission DA 08-1685 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 h C D j � � � � � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}�� W/ x">46/��^���aУR �M(c)tmR�X��F� ���-6
• 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
  • 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 Form 740, where electronic filing with Customs has not been implemented. HLI admits that it imported units of the Pilot View FPV 2400 without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• 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
  • 15.205(a) of the Rules. Thus, this device cannot comply with the FCC's technical standards and therefore cannot be certified or marketed. 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 Form 740, where electronic filing with Customs has not been implemented. Spy Store admits that it imported units of the GPS-JM2 GPS Jammer without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• 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
  • prior certification, and without accompanying the marketing materials for that device with a disclaimer that satisfied the requirements of Rule 2.803(c). 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 of the Rules, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC Form 740, where electronic filing with Customs has not been implemented. In your LOI Response, you admit that you imported one unit of the MSR 300 into the United States without properly filing a
• 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
  • May 14, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Entone, Inc. (``Entone''). The Consent Decree terminates an investigation by the Bureau into whether Entone violated Section 302(b) of the Communications Act of 1934, as amended, (``Act''), and Sections 2.803(a), 2.925, 2.1074, 2.1204, and 15.19 of the Commission's Rules (``Rules'') regarding the marketing, labeling, and identification of unauthorized radio frequency devices. The Bureau and Entone have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • rules. Need: The rules provide procedures and conditions under which grants can be dismissed, limited and revoked. The rules also specify measurement procedures to be applied generally for radiofrequency devices. Legal Basis: 47 U.S.C. 154, 302a, 303 and 336. Section Number and Title: 2.960 Designation of Telecommunications Certification Bodies (TCBs). 2.962 Requirements for Telecommunications Certification Bodies. 2.1033 Application for certification. 2.1204 Import conditions. 2.1205 Filing of required declaration. PART 5- EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST) SUBPART A-GENERAL Brief Description: The Part 5 rules prescribe the manner in which eligibility, application, licensing and operating procedures and requirements of the radio frequency spectrum may be made available for experimentation. Need: These rules permit experimentation in new radio technology and applications while ensuring
• 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
  • as ``a digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. � 15.3(i). See 47 C.F.R. � 2.902. See 47 C.F.R. � 2.906. 47 C.F.R. � 15.107. 47 C.F.R. � 15.109. 47 C.F.R. � 15.19. 47 C.F.R. � 15.105. 47 C.F.R. � 2.1203; see also 47 C.F.R. �� 2.1204, 2.1205. See LOI, supra note 3. See Letter from Clifford M. Harrington and Tony Lin, Counsel for PreSonus Audio Electronics, Inc. to Nissa Laughner, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (September 10, 2010). Tolling Agreement, File No. EB-10-SE-053, executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Jim Mack, Chief
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238992A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238992A1.pdf
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243044A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243044A1.pdf
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244171A1.pdf
  • with frequency capability for the Amateur Radio Services....will not be certificated.'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245209A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245209A1.pdf
  • and thereby deter use by CB operators of frequencies allocated for amateur radio use. Five of the Galaxy model CB transceivers previously mentioned were identified as having the modification done to enable dual use of CB and amateur frequencies. These units were Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL; and Galaxy DX77HML. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246125A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246127A1.pdf
  • by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy DX77HML. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246339A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246339A1.pdf
  • with frequency capability for the Amateur Radio Services....will not be certificated.'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248154A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248154A1.pdf
  • capability for the Amateur Radio Services....will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 5. Furthermore, the Commission has revised Section 2.1204(a)(5)5 of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. In addition to the marketing of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249275A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249275A1.pdf
  • with frequency capability for the Amateur Radio Services....will not be certificated).'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. Subsequent violations of the Communications Act and/or the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251001A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251001A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253693A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253693A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254041A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254041A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254042A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254259A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and Amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255239A1.pdf
  • Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. In addition to the marketing of the non-certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255963A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255963A1.pdf
  • Radio Services . . .. will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257050A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257050A1.pdf
  • states that ``...[CB] Transmitters with frequency capability for the Amateur Radio Services .... will not be certificated. . ..'' This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act and/or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257051A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257051A1.pdf
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257052A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257052A1.pdf
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257053A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257053A1.pdf
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257054A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257054A1.pdf
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257055A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257055A1.pdf
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257375A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257375A1.pdf
  • with frequency capability for the Amateur Radio Services....will not be certificated).'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. Subsequent violations of the Communications Act and/or the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258048A1.pdf
  • Rules states that ``...[CB] Transmitters with frequency capability for the Amateur Radio Services ... will not be certificated... .'' This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Violations of the Act and/or the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259804A1.pdf
  • foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. In addition to the marketing of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260949A1.pdf
  • with frequency capability for the Amateur Radio Services....will not be certificated).'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. Subsequent violations of the Communications Act and/or the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261721A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261721A1.pdf
  • 144 MHz. On August 2, 2005, an agent from the Atlanta Office observed Mr. Jolley offer for sale at the Beavis CB & PC Shop non-certified External RF power amplifiers capable of operation frequencies between 24 and 35 MHz with the following brand names: Magnum, Texas Star, Brute Force, X-Force, Silver Streak and Palomar. Furthermore, the Commission has revised Section 2.1204(a)(5) of the Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the seller(s) had provided assurances that the transceivers are being sold solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED AND THE COMMISSION'S RULES. 7. Violations of the Act or the Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262094A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262094A1.pdf
  • foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. In addition to the marketing of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262555A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262555A1.pdf
  • ``. . .[CB] Transmitters with frequency capability for the Amateur Radio Services . . . will not be certificated... .'' This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. Violations of the Act and/or of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266080A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266080A1.pdf
  • for the Amateur Radio Services .... Will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id. And thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules5 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchasers(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSIONS RULES. Violations of the Act of the Commission's Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272112A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272112A1.pdf
  • with frequency capability for the Amateur Radio Services....will not be certificated).'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. Subsequent violations of the Communications Act and/or the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273556A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273556A1.pdf
  • ``. . .[CB] Transmitters with frequency capability for the Amateur Radio Services . . . will not be certificated... .'' This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. Violations of the Act and/or of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-58A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-58A1.txt
  • 1, 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 154(j), That the Application for Review filed by Transportation Intelligence, Inc. IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Letter from Kenneth R. Nichols, Chief of OET's Laboratory Division, to Donald J. Evans, November 17, 2000. See 47 CFR �� 2.803, 2.1204. The requirements of the Commission's equipment authorization procedure are set forth in Sections 2.1031-2.1060 of the rules, 47 C.F.R. �� 2.1031-2.1060. See 47 CFR � 2.929. See n. 1, supra. On August 3, 2001, TransIntel filed a Petition for Immediate Suspension and Permanent Revocation of Equipment Certification. This pleading is being considered as a supplemental filing to the Application for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-223A1.txt
  • for an STA under these rules in the last 10 years. We believe that this need is being met through the allowances for STAs under the provisions in Part 5 for experimental licenses. We invite comment as to whether there is any need to maintain the Part 15 provisions for STAs. Proposed Revisions to Part 2 1. Import Conditions Section 2.1204 of the rules limits the importation of radio frequency devices that have not yet received equipment authorization and are not intended for operation within one of the Commission's licensed services to 200 or fewer units for testing and evaluation, and 10 or fewer units for demonstration at industry trade shows, provided the devices will not be offered for sale or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-283A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-283A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-283A1.txt
  • that do not meet the standards it prescribes for prevention of interference from being placed on the market in the United States. Importation and Marketing Rules In exercise of its authority under Section 302, the Commission has adopted rules pertaining to importation and marketing of radio-frequency devices. The regulations governing importation and marketing are set forth in Sections 2.803 and 2.1204 of the Commission's rules, which apply by their terms to radio emitters and transmitters of every kind, including GMPCS transceivers. Subsection 2.803(a) states, in essence, that no one may ``sell or lease, or offer for sale or lease ... or import, ship, or distribute for the purpose of selling or leasing or offering for sale or lease'' any radio-frequency device
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-165A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-165A1.txt
  • indication that the rule section has outlived its usefulness. Therefore, as proposed in the Notice, we delete Section 15.7 from the rules. STAs to operate intentional or unintentional radiation devices not conforming to the Part 15 rules will continue to be granted, as appropriate, under the experimental licensing provisions of Part 5. Revisions to Part 2 1. Import Conditions Section 2.1204 of the rules limits the importation of radio frequency devices that have not yet received equipment authorization and are not intended for operation within one of the Commission's licensed services to 200 or fewer units for testing and evaluation, and 10 or fewer units for demonstration at industry trade shows, provided the devices will not be offered for sale or
• 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
  • Eastern Broadcasting Corp., 10 FCC 2d 37, 37-38 � 3 (1967); Bureau D'Electronique Appliquee, Inc., 20 FCC Rcd 3445, 3447-48 �� 8-9 (Enf. Bur., Spectrum Enf. Div. 2005). It was implicit in Behringer's representation that it would file the requisite import declarations that any imported devices would be in compliance with the Commission's equipment authorization requirements. See 47 C.F.R. � 2.1204 (specifying the conditions for importation of radio frequency devices). We estimated the total retail sales of these unauthorized devices using price lists found on Behringer's website. While we recognize that Behringer's gross revenues from its sale of these unauthorized devices is less than the retail sales, we think it is obvious that Behringer realized substantial revenues from its sale of
• 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
  • equipment is modified by any party not working under the authority of 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
• 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
  • equipment is modified by any party not working under the authority of 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
• 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
  • equipment is modified by any party not working under the authority of 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-254A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-254A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-254A1.txt
  • 20-45, and 210-11. Id. at �240. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; also see 47 CFR �� 1.1307, 17.4, and 17.7. 47 CFR � 25.149(c)(1) and (2). Also see 47 CFR �� 2.803, 2.901 et seq., and 2.1204. These gating criteria are set forth in 47 CFR � 25.149. ATC Report and Order at �72. 47 CFR � 25.149(b)(1). 47 CFR � 25.149(b)(2). 47 CFR � 25.149(b)(3). The Commission explained that ATC authority permits licensees to deploy MSS ATC subject to several conditions designed in part to ensure the allocation remains first and foremost a satellite service. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-23A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-23A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-23A1.txt
  • 1.1307(d) of this chapter. Applications for equipment authorization of portable transmitting devices subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in paragraph (d) of this section as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. * * * * * Section 2.1204 is amended by revising paragraph (a)(9) to read as follows: � 2.1204 Import conditions. * * * * * (a) * * * (9) The radio frequency device is a medical implant transmitter inserted in a person or a medical body-worn transmitter as defined in Part 95, granted entry into the United States or is a control transmitter associated with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.txt
  • an appropriate license term and renewal process for such a license? Is there a different way to authorize these entities to perform compliance testing? We seek comment on this matter. An additional issue related to the ability to conduct effective market trials implicates our Part 2 rules that limit equipment importation for devices that have not yet been certified. Section 2.1204(a)(3) of our rules permits radio frequency devices to be imported in limited quantities ``for testing and evaluation to determine ... suitability for marketing,'' but limits quantities to 2000 units for products designed solely for operation within a radio service which requires an operating license and 200 units for all other purposes (e.g., Part 15 unlicensed devices, Part 18 Industrial, Scientific
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-37A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-37A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-37A1.txt
  • pending proceeding that proposes to amend Part 2 of the Commission's rules which requires all telecommunications equipment brought into the United States to be certified. The rules currently exempt from certification any equipment imported solely for export and not offered for the purpose of sale and use in the United States. In its Notice, the Commission proposed to amend Section 2.1204 to clarify the language regarding importation for export of a radio frequency device to make the rule more easily enforceable and to address concerns raised by the U.S. Customs Service. Several commenters filing in that proceeding are current or future GMPCS systems or service providers. They have expressed concern that deleting this "solely for export" exemption may be too broad
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2394A1.html
  • hundred feet. ... The Shotwatcher can be used on every shoot - indoors, outdoors, run-and-gun, hand-held, b-roll, news, sports, documentaries - it makes no difference.'' 2An intentional radiator is ``A device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. 15.3 (o). 3See 47 C.F.R. 2.1205. The specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. 2.1204. 4See 47 C.F.R. 1.80(b)(3). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.doc
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
  • 7 (1986); Eastern Broadcasting Corp., 10 FCC 2d 37, 37-38 3 (1967); Bureau D'Electronique Appliquee, Inc., 20 FCC Rcd 3445, 3447-48 8-9 (Enf. Bur., Spectrum Enf. Div. 2005). 47 It was implicit in Behringer's representation that it would file the requisite import declarations that any imported devices would be in compliance with the Commission's equipment authorization requirements. See 47 C.F.R. 2.1204 (specifying the conditions for importation of radio frequency devices). 48 We estimated the total retail sales of these unauthorized devices using price lists found on Behringer's website. While we recognize that Behringer's gross revenues from its sale of these unauthorized devices is less than the retail sales, we think it is obvious that Behringer realized substantial revenues from its sale
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1753A1.html
  • ("Act"), 47 U.S.C. S 503(b)(5), for marketing unauthorized radio frequency devices in the United States in violation of Section 302(b) of the Act, 47 U.S.C. S 302a(b), and Section 2.803 of the Commission's Rules ("Rules"), 47 C.F.R. S 2.803; for importing radio frequency devices that do not meet one or more of the specified import conditions in violation of Section 2.1204(a) of the Rules, 47 C.F.R. S 2.1204(a); and for being unable to document compliance with the selected import conditions in violation of Section 2.1204(b) of the Rules, 47 C.F.R. S 2.1204(b). As explained below, future violations of these rules may subject Tower to monetary forfeitures. Marketing Unauthorized Radiofrequency Devices in the United States After receiving a complaint, the Spectrum Enforcement
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-105A1.html
  • equipment is modified by any party not working under the authority of 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-106A1.html
  • equipment is modified by any party not working under the authority of 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1685A1.html
  • frequency is, however, a restricted frequency under Section 15.205(a) of the Rules. Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at > (OET, rel. May 13, 1996) ("Notice"). Id. See 47 C.F.R. S: 2.1205. Under Section 2.1205, the required declaration may be filed electronically. In addition, the specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. S: 2.1204. See 47 C.F.R. S: 1.80(b)(3). Federal Communications Commission DA 08-1685 1 2 Federal Communications Commission DA 08-1685 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.doc
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-109A1.html
  • equipment is modified by any party not working under the authority of 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
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1626A1.html
  • 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 Form 740, where electronic filing with Customs has not been implemented. HLI admits that it imported units of the Pilot View FPV 2400 without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1697A1.html
  • 15.205(a) of the Rules. Thus, this device cannot comply with the FCC's technical standards and therefore cannot be certified or marketed. 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 Form 740, where electronic filing with Customs has not been implemented. Spy Store admits that it imported units of the GPS-JM2 GPS Jammer without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• http://transition.fcc.gov/eb/Orders/2010/DA-10-7A1.html
  • prior certification, and without accompanying the marketing materials for that device with a disclaimer that satisfied the requirements of Rule 2.803(c). 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 of the Rules, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC Form 740, where electronic filing with Customs has not been implemented. In your LOI Response, you admit that you imported one unit of the MSR 300 into the United States without properly filing a
• http://transition.fcc.gov/eb/Orders/2010/DA-10-804A1.html
  • 14, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Entone, Inc. ("Entone"). The Consent Decree terminates an investigation by the Bureau into whether Entone violated Section 302(b) of the Communications Act of 1934, as amended, ("Act"), and Sections 2.803(a), 2.925, 2.1074, 2.1204, and 15.19 of the Commission's Rules ("Rules") regarding the marketing, labeling, and identification of unauthorized radio frequency devices. 2. The Bureau and Entone have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-754A1.html
  • as "a digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments." 47 C.F.R. S: 15.3(i). See 47 C.F.R. S: 2.902. See 47 C.F.R. S: 2.906. 47 C.F.R. S: 15.107. 47 C.F.R. S: 15.109. 47 C.F.R. S: 15.19. 47 C.F.R. S: 15.105. 47 C.F.R. S: 2.1203; see also 47 C.F.R. S:S: 2.1204, 2.1205. See LOI, supra note 3. See Letter from Clifford M. Harrington and Tony Lin, Counsel for PreSonus Audio Electronics, Inc. to Nissa Laughner, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (September 10, 2010). Tolling Agreement, File No. EB-10-SE-053, executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Jim Mack, Chief
• http://www.fcc.gov/Bureaus/Compliance/Orders/1999/fcc99326.doc
  • for the electronic system to be successfully deployed and accepted by industry. No additional or unique information is gained by requiring that the original form be filed with the FCC. The FCC will obtain Form 740 information, when needed, from U.S. Customs. Import for export rule amendment The Commission also sought comment regarding the proposal to amend language in Section 2.1204(a)(5) in order to improve enforcement by prohibiting entry of devices that are not approved for use in the United States. The current rule allows unauthorized devices to be imported. The rule states that ``the radio frequency device is being imported solely for export. The device will not be marketed or offered for sale for use in the U.S.'' (emphasis added).
• http://www.fcc.gov/Forms/Form740/740.pdf
  • Marketing, as used in this form (and 47 C.F.R. 2.1201 et seq.), means sale or lease (including advertising for sale or lease, or display at a trade show) or import, ship or distribute for the purpose of selling or leasing or offering for sale or lease. Limited quantities, as used in this form, are the number specified in 47 C.F.R. 2.1204(a)(3). Waivers of this limit are infrequently granted but may be requested from the FCC office listed in 47 C.F.R. 2.1204(a)(3)(iii). Written waiver requests must contain specific information required by that office. Equipment imported for test, evaluation or display (see import conditions 3 or 4 of Part II of this form) may not be marketed (sold or leased, offered for sale
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-238992A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-243044A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-244171A1.html
  • frequency capability for the Amateur Radio Services....will not be certificated.'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-245209A1.html
  • and thereby deter use by CB operators of frequencies allocated for amateur radio use. Five of the Galaxy model CB transceivers previously mentioned were identified as having the modification done to enable dual use of CB and amateur frequencies. These units were Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL; and Galaxy DX77HML. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-246125A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-246127A1.html
  • by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy DX77HML. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-246339A1.html
  • frequency capability for the Amateur Radio Services....will not be certificated.'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-248154A1.html
  • capability for the Amateur Radio Services....will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 5. Furthermore, the Commission has revised Section 2.1204(a)(5)5 of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-249275A1.html
  • frequency capability for the Amateur Radio Services....will not be certificated).'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act and/or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-251001A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-253693A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 8. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 9. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-254041A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-254042A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-254259A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and Amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255239A1.html
  • Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255963A1.html
  • Radio Services . . .. will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules5 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257050A1.html
  • states that ``...[CB] Transmitters with frequency capability for the Amateur Radio Services .... will not be certificated. . ..''6 This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules7 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act and/or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257051A1.html
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules9 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257052A1.html
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules9 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257053A1.html
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules9 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257054A1.html
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules9 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257055A1.html
  • capability for the Amateur Radio Services...will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules9 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257218A1.html
  • by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX44T; Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy DX77HML. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES 6. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257375A1.html
  • frequency capability for the Amateur Radio Services....will not be certificated).'' See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules7 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act and/or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-258048A1.html
  • Rules states that ``...[CB] Transmitters with frequency capability for the Amateur Radio Services ... will not be certificated... .''6 This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules7 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Violations of the Act and/or the Commission's
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-259804A1.html
  • foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-260949A1.html
  • capability for the Amateur Radio Services....will not be certificated).'' 6 See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules7 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act and/or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-261721A1.html
  • MHz. On August 2, 2005, an agent from the Atlanta Office observed Mr. Jolley offer for sale at the Beavis CB & PC Shop non-certified External RF power amplifiers capable of operation frequencies between 24 and 35 MHz with the following brand names: Magnum, Texas Star, Brute Force, X-Force, Silver Streak and Palomar. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of the Rules5 to prohibit all marketing and/or offering for sale in the United States of such devices even when the seller(s) had provided assurances that the transceivers are being sold solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED AND THE COMMISSION'S RULES. 7. Violations of the Act or the Rules
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-262094A1.html
  • foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. The Galaxy model CB transceivers previously mentioned were identified as having the modification or the capability to enable dual use of CB and amateur frequencies. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 6. In addition to the marketing of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-262555A1.html
  • . .[CB] Transmitters with frequency capability for the Amateur Radio Services . . . will not be certificated... .''6 This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 7. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules7 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 8. Violations of the Act and/or of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-266080A1.html
  • the Amateur Radio Services .... Will not be certificated.)" See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id. And thereby deter use by CB operators of frequencies allocated for amateur radio use. 5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules^5 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchasers(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSIONS RULES. 6. Violations of the Act of the Commission's
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-272112A1.html
  • frequency capability for the Amateur Radio Services....will not be certificated)." See also FCC 88-256, 1988 WL488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Subsequent violations of the Communications Act and/or
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-273556A1.html
  • . .[CB] Transmitters with frequency capability for the Amateur Radio Services . . . will not be certificated... ." This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. 6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its Rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES. 7. Violations of the Act and/or of the
• http://www.fcc.gov/eb/Orders/2005/DA-05-2394A1.html
  • hundred feet. ... The Shotwatcher can be used on every shoot - indoors, outdoors, run-and-gun, hand-held, b-roll, news, sports, documentaries - it makes no difference.'' 2An intentional radiator is ``A device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. 15.3 (o). 3See 47 C.F.R. 2.1205. The specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. 2.1204. 4See 47 C.F.R. 1.80(b)(3). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2394A1.doc
• http://www.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
  • 7 (1986); Eastern Broadcasting Corp., 10 FCC 2d 37, 37-38 3 (1967); Bureau D'Electronique Appliquee, Inc., 20 FCC Rcd 3445, 3447-48 8-9 (Enf. Bur., Spectrum Enf. Div. 2005). 47 It was implicit in Behringer's representation that it would file the requisite import declarations that any imported devices would be in compliance with the Commission's equipment authorization requirements. See 47 C.F.R. 2.1204 (specifying the conditions for importation of radio frequency devices). 48 We estimated the total retail sales of these unauthorized devices using price lists found on Behringer's website. While we recognize that Behringer's gross revenues from its sale of these unauthorized devices is less than the retail sales, we think it is obvious that Behringer realized substantial revenues from its sale
• http://www.fcc.gov/eb/Orders/2007/DA-07-1753A1.html
  • ("Act"), 47 U.S.C. S 503(b)(5), for marketing unauthorized radio frequency devices in the United States in violation of Section 302(b) of the Act, 47 U.S.C. S 302a(b), and Section 2.803 of the Commission's Rules ("Rules"), 47 C.F.R. S 2.803; for importing radio frequency devices that do not meet one or more of the specified import conditions in violation of Section 2.1204(a) of the Rules, 47 C.F.R. S 2.1204(a); and for being unable to document compliance with the selected import conditions in violation of Section 2.1204(b) of the Rules, 47 C.F.R. S 2.1204(b). As explained below, future violations of these rules may subject Tower to monetary forfeitures. Marketing Unauthorized Radiofrequency Devices in the United States After receiving a complaint, the Spectrum Enforcement
• http://www.fcc.gov/eb/Orders/2007/FCC-07-105A1.html
  • equipment is modified by any party not working under the authority of 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-106A1.html
  • equipment is modified by any party not working under the authority of 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1685A1.html
  • frequency is, however, a restricted frequency under Section 15.205(a) of the Rules. Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at > (OET, rel. May 13, 1996) ("Notice"). Id. See 47 C.F.R. S: 2.1205. Under Section 2.1205, the required declaration may be filed electronically. In addition, the specific import conditions are set forth in Section 2.1204 of the Rules, 47 C.F.R. S: 2.1204. See 47 C.F.R. S: 1.80(b)(3). Federal Communications Commission DA 08-1685 1 2 Federal Communications Commission DA 08-1685 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1685A1.doc
• http://www.fcc.gov/eb/Orders/2009/DA-09-1697A1.html
  • 15.205(a) of the Rules. Thus, this device cannot comply with the FCC's technical standards and therefore cannot be certified or marketed. 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 Form 740, where electronic filing with Customs has not been implemented. Spy Store admits that it imported units of the GPS-JM2 GPS Jammer without making the required import declaration either electronically or on FCC Form 740. Accordingly,
• http://www.fcc.gov/eb/Orders/2010/DA-10-7A1.html
  • prior certification, and without accompanying the marketing materials for that device with a disclaimer that satisfied the requirements of Rule 2.803(c). 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 of the Rules, this declaration must be filed electronically, where electronic filing with Customs is available, or using FCC Form 740, where electronic filing with Customs has not been implemented. In your LOI Response, you admit that you imported one unit of the MSR 300 into the United States without properly filing a
• http://www.fcc.gov/eb/Orders/2010/DA-10-804A1.html
  • 14, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Entone, Inc. ("Entone"). The Consent Decree terminates an investigation by the Bureau into whether Entone violated Section 302(b) of the Communications Act of 1934, as amended, ("Act"), and Sections 2.803(a), 2.925, 2.1074, 2.1204, and 15.19 of the Commission's Rules ("Rules") regarding the marketing, labeling, and identification of unauthorized radio frequency devices. 2. The Bureau and Entone have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the
• http://www.fcc.gov/eb/Orders/2011/DA-11-754A1.html
  • as "a digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments." 47 C.F.R. S: 15.3(i). See 47 C.F.R. S: 2.902. See 47 C.F.R. S: 2.906. 47 C.F.R. S: 15.107. 47 C.F.R. S: 15.109. 47 C.F.R. S: 15.19. 47 C.F.R. S: 15.105. 47 C.F.R. S: 2.1203; see also 47 C.F.R. S:S: 2.1204, 2.1205. See LOI, supra note 3. See Letter from Clifford M. Harrington and Tony Lin, Counsel for PreSonus Audio Electronics, Inc. to Nissa Laughner, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (September 10, 2010). Tolling Agreement, File No. EB-10-SE-053, executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Jim Mack, Chief