FCC Web Documents citing 15.101
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- devices. In your response dated May 13, 2006, you acknowledged marketing the DM500-S and DM7020-S receivers. Additionally, you identified One-O-One iSolutions (``One-O-One''), a company based in Cupertino, California, as your distributor of these receivers. Your response failed to indicate whether the DM500-S and DM7020-S receivers met the Commission's requirements for either certification or Declaration of Conformity, as required by Section 15.101(a) of the Rules, 47 C.F.R. 15.101(a). You stated that these receivers have been imported for years and that you were ``under the understanding from the distributors that they meet all of the rules and regulations.'' You added that you do not have or know of ``any certificates required to re-sell these receivers.'' On October 2, 2006, the Division issued
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- Consent Decree. This Consent Decree cannot be modified without the advance written consent of both Parties. This Consent Decree may be signed in counterparts. For the Enforcement Bureau: ____________________________ Kris Anne Monteith Chief, Enforcement Bureau __________________________ Date For Rajant Corporation: ___________________________ Robert Schena Chief Executive Officer ___________________________ Date 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Robert Schena, Chief Executive Officer, Rajant Corporation (September 4, 2007). Letter from Patricia J. Paoletta, Esq., Counsel for Rajant Corporation, to Kathryn
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators, such as Microboards' Orbit 3 Disc Duplicator and MicroOrbit Disc Duplicator, are required to be approved prior to marketing through the verification procedures described in Sections 2.951-2.962 of the Rules. In addition, unintentional radiators are required to comply with the conducted and radiated emissions specified in Sections 15.107 and 15.109 of the Rules. As the
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators that function as digital computer peripherals, and are marketed for use in a residential environment or for use by the general public, such as XLNT Idea's Nexis 100AP AutoPrinter, Nexis 100AP Publisher, and Xi440 CD/DVD Printer, are required to be approved prior to marketing through either the Declaration of Conformity procedures described in Sections 2.1071-2.1077
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- Section 302(b) of the Act and Section 2.803(a) of the Rules, radio frequency devices may not be marketed in the United States unless such devices comply with the applicable technical and administrative provisions of the Rules. DTV converter boxes, which are classified as television interface devices under the Rules, can be authorized under a Declaration of Conformity pursuant to Section 15.101(a) of the Rules. In accordance with Section 2.948(d), only accredited laboratories may test equipment subject to a Declaration of Conformity. Further, under Section 2.948(e), the accreditation of a laboratory located outside the United States will be acceptable to the Commission only under the conditions specified therein. Further, under Section 15.19(b) of the Rules, a device subject to authorization under a
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- Section 302(b) of the Act and Section 2.803(a) of the Rules, radio frequency devices may not be marketed in the United States unless such devices comply with the applicable technical and administrative provisions of the Rules. DTV converter boxes, which are classified as television interface devices under the Rules, can be authorized under a Declaration of Conformity pursuant to Section 15.101(a) of the Rules. In accordance with Section 2.948(d), only accredited laboratories may test equipment subject to a Declaration of Conformity. Further, under Section 2.948(e), the accreditation of a laboratory located outside the United States will be acceptable to the Commission only under the conditions specified therein. Further, under Section 15.19(b) of the Rules, a device subject to authorization under a
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- by facsimile), each of which, when executed and delivered, shall be an original, and all of which counterparts together shall constitute one and the same fully executed instrument. _______________________________ Kris Anne Monteith Chief Enforcement Bureau ________________________________ Date ________________________________ Thomas C. Malone Senior Vice President Audiovox Corporation ________________________________ Date 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.1 et seq. See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau to Mr. Patrick Lavelle, President, Audiovox Corporation
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- of the Act and Section 2.803(a) of the Rules, a radio frequency device may not be marketed within the United States unless the device complies with the applicable technical and administrative provisions of the Rules. Section 15.201(b) of the Rules requires that intentional radiators, not otherwise exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory
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- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with specific technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. 5. Under section 15.101 of the Rules, certain Class B digital devices, such as digital audio music devices marketed to the general public, must be authorized in accordance with the Commission's verification procedures prior to marketing, in order to minimize the threat that their operation would result in harmful interference to authorized devices. Specifically, Class B digital devices must be tested and verified as
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- Radio Stations, Document Number W200932500003 (Enf. Bur. Aug. 13, 2009) (citing the company for use of two radio transmitting devices designed to jam licensed radio communications transmission in the 850-894 MHz and other licensed frequency bands used by City of Oklahoma City Radio System). 47 U.S.C. 302a(b), 333; 47 C.F.R. 2.803. 47 C.F.R. 2.939(a)(1)-(3). See id. 15.101-15.124. (visited June 29, 2010 and October 18, 2010). 47 U.S.C. 302a(b); 47 C.F.R. 2.803, 2.907(b), 2.931. See 47 C.F.R. 2.939(a)(4). See id. 2.939(a)(1). See id. 2.939(a)(2). See id. 2.939(a)(3). The Commission has broad investigatory authority under Sections 4(i), 4(j), and 403 of the Act, its rules, and relevant precedent. Section 4(i) authorizes the Commission
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- and successors-in-interest. ``Rules'' means the Commission's regulations found in Title 47 of the Code of Federal Regulations. Background Under section 302(b) of the Act and section 2.803(a) of the Rules, the Commission prohibits the marketing of RF devices in the United States unless the devices comply with the applicable administrative, technical, labeling and identification requirements of the Rules. Under section 15.101(a) of the Rules, parties responsible for unintentional radiators, such as the Class B digital audio RF devices marketed by PreSonus, must, in general, authorize the devices through the verification or declaration of conformity procedures. To be authorized, these devices must comply with the radiated emission limits specified in section 15.107 of the Rules, and - because these devices are designed
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- U.S.C. 302a(b). 47 C.F.R. 2.803, 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. 15.3(k). 47 U.S.C. 302a(b). See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Aug. 25, 2010). 47 U.S.C. 302a(b). 47 C.F.R. 2.803(a), 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. 15.101. See supra note 5. See Letter from Dean Downey, Business Manager, American Music and Sound, to Federal Communications Commission, Enforcement Bureau, Spectrum Enforcement Division (Sept. 24, 2010). LOI Response at 1. See Letter from Ricardo M. Durham, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Mar. 21, 2011). See Letter
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- 15.105. Id. 15.3(k). 47 U.S.C. 302a(b). 47 C.F.R. 2.803, 2.1203, 15.19, 15.21, 15.105. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Avi El-Kiss, Vice President, ETI Sound Systems, Inc. (File No. EB-10-SE-052; July 9, 2010). 47 U.S.C. 302a(b). 47 C.F.R. 2.803, 2.1203, 15.19, 15.21, 15.105. Id. 15.101. See supra note 6. See Letter from Avi El-Kiss, Vice President, ETI Sound Systems, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission (Sept. 8, 2010). LOI Response at 2. Id. at 2-3. See, e.g., Tolling Agreement Extension, File No. EB-10-SE-052, executed by and between John D. Poutasse, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Martin
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- (``MSO''). Furthermore, because this is an average, it is likely that some program packagers may be substantially smaller. Therefore, this Report and Order could affect all 25 program packagers. D. Description of Projected Reporting, Record Keeping and Other Compliance Requirements. The Commission's rules require television receivers to be verified for compliance with applicable FCC technical requirements. See 47 CFR Sections 15.101, 15.117, and 2.951, et seq. Documentation concerning the verification must be kept by the manufacturer or importer. The rules adopted in this proceeding require that digital television receivers comply with industry-developed standards for closed captioning display. However, testing regarding closed captioning display is not necessary because compliance with the industry-developed standards, and the associated Commission rules, can be determined easily
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- us supports, the imposition of a forfeiture in the amount of one million dollars ($1,000,000). II. BACKGROUND Section 302(b) of the Act provides that ``[n]o person shall manufacture, import, sell, offer for sale, or ship devices of home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section.'' Under Sections 2.803(a) and 15.101 of the Commission's implementing regulations, Class B digital devices may not be marketed prior to authorization in accordance with the Commission's verification procedures and related requirements. ``Marketing'' includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease
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- prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Class A digital devices are digital devices such as computers and computer peripherals that are marketed for use in a commercial, industrial, or business setting. Section 15.101 of the Rules requires that Class A digital devices be authorized through the verification process prior to marketing. ``Marketing'' includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. Austin Hughes is the U.S. subsidiary of Austin
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- Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). 47 U.S.C. 503(b)(2)(E). NAL Response at 25. See 47 U.S.C. 503(b)(5); see also 47 C.F.R. 1.80(d). NAL Response at 25. 47 C.F.R. 15.101(a). 47 C.F.R. 2.902. 47 C.F.R. 2.909(b). See 47 C.F.R. 2.901-2.1093. See, e.g., 47 C.F.R. 15.101(a). See generally 47 C.F.R. 15.101-15.123. See 47 C.F.R. 2.952. See 47 C.F.R. 2.955. See 47 C.F.R. 2.956. See 47 C.F.R. 2.954, 15.19 and 15.21. 47 C.F.R. 15.101(a); see also Behringer USA, Inc., Notice of Apparent
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- for a period of 180 days. Administration of effective spectrum policy requires that licensees comply with Commission rules and that the Commission is vigilant in its oversight. This will foster a level playing field for competition and encourage technological innovation. The American public requires and deserves no less. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 C.F.R. 25.120. 47 U.S.C. 154(i). 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.1 et seq. 47 C.F.R. 25.120. Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Patrick L. Donnelly, Executive Vice President and General Counsel, Sirius Satellite Radio Inc. (June 20, 2006) (``June 20, 2006
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- the FCC's International Bureau for processing. Administration of effective spectrum policy requires that licensees comply with Commission rules and that the Commission is vigilant in its oversight. This will foster a level playing field for competition and encourage technological innovation. The American public requires and deserves no less. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 C.F.R. 25.120. 47 U.S.C. 154(i). 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 C.F.R. 25.120. See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to William J. Bailey, Senior Vice President, Regulatory and Government Affairs, XM Radio Inc. (April 20, 2006)
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- District Office (9/4/01). Jade Mountain, Boulder, CO. Denver, CO District Office (9/5/01). Deer 1 Electronics, Tampa, FL. Tampa, FL District Office (9/25/01). 47 C.F.R. Part 2 Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization TRUCK-N-TRAVEL, Coburg, Oregon. Other violation: 47 C.F.R. 15.101(Equipment Authorization of Unintentional Radiators). Portland, OR Resident Agent Office (9/17/01). 47 C.F.R. Part 15 Radio Frequency Devices 47 C.F.R. 15.5 General Conditions of Operation Impact Video, Las Vegas, Nevada. Seattle, WA District Office (9/28/01). 47 C.F.R. 15.109 Radiated Emission Limits University of Arkansas, Fayettesville, AR. New Orleans, LA District Office (9/14/01). 47 C.F.R.
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- Los Angeles, CA District Office (11/27/01). CTI New York, Inc., New York, NY. New York, NY District Office (11/28/01). 47 C.F.R. Part 2 Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization Flying J Travel Plaza, Troutdale, Oregon. Other violation: 47 C.F.R. 15.101 (Equipment Authorization of Unintentional Radiators). Portland, OR Resident Agent Office (11/6/01). Videorama Industries, Los Angeles, CA. Other violation: 47 C.F.R. 15.201 (Equipment Authorization Requirement). Los Angeles, CA District Office (11/14/01). 47 C.F.R. Part 15 Radio Frequency Devices 47 C.F.R. 15.5 General Conditions of Operation Alvin R. Mulligan, Fairview, OR. Portland, OR Resident Agent Office (11/16/01).
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- recording devices and 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
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- is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, CPU boards used with Class B personal computers must be authorized prior to marketing in accordance with DOC or certification procedures. VIA asserts in its response to our LOI that it authorized its model EPIA-M and EPIA-CL CPU boards in accordance with the DOC procedures. However, VIA admits that it only tested these CPU boards for compliance
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- of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter [emphasis added]. As discussed below, the SpeedChargers are Class B digital devices that employ switching power supply assemblies, and as such are subject to the Commission's verification equipment authorization procedures, marketing, labeling and identification requirements. Non-verified equipment. Under Section 15.101(a) of the Rules, manufacturers are required to test and verify that Class B external switching power supply devices comply with Commission technical standards, ``prior to the initiation of marketing.'' However, under Section 2.803(c) of the Rules, in limited circumstances, a manufacturer is allowed to market devices prior to completion of the verification procedure. Specifically, Section 2.803(c) provides that devices may
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- 302(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 2.803 of the Commission's Rules (the ``Rules''), regarding the manufacture, importation, marketing and sale of Class B digital audio products, as well as Sections 15.19 (labeling requirements) and 15.105(b) (user manual statements) of the Rules. Background Pursuant to Section 302(b) of the Act and Sections 2.803(a)(2) and 15.101(a) of the Rules, Class B digital equipment must be authorized pursuant to the Commission's verification procedures prior to, inter alia, the importation or initiation of marketing of such equipment. Such equipment is also subject to Commission rules requiring labeling (47 C.F.R. 15.19(a)) and user manual statements (47 C.F.R. 15.105(b)). SLM manufactures Class B digital audio equipment, including guitar amplifiers and
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- 270, 300, 400, 410, 433, 450, 450B, and 485. Other Devices: Model 202-1 Sip & Puff; Model 200-00 Repeater; Model 923 Receiver; Model 924 Receiver; Model PB 5000 PERS Buddy; Model 650 Medtime with RF Transmitter; Medtime; Model 200-10 HW Smoke Detector; and Model 200-14 RF Smoke Detector. 47 U.S.C. 302a(b). See, e.g., 47 C.F.R. 2.803, 2.925, 15.19, 15.101, 15.105(b), 15.107, 15.109, 15.201, 15.207, 15.231, 68.201, and 68.354. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). See, e.g., 47 C.F.R. Parts 2, 15, and 68. 47 U.S.C. 302a(b). See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to Howard M. Siegel, President, AMAC (Nov. 17, 2004). Federal Communications
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- cannot be modified without the advance written consent of both Parties. This Cnsent Decree may be signed in counterparts. For the Enforcement Bureau: ________________________________ Kris Anne Monteith Chief, Enforcement Bureau ________________________________ Date For Applied Wireless Identifications Group, Inc.: ________________________________ Larry Kellam Chairman and Chief Executive Officer ________________________________ Date 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.1 et seq. Federal Communications Commission DA 06-1555 Federal Communications Commission DA 06-1555 Q d " 0 " 0 " 0 u
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- by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter.'' Section 15.3(z) of the Rules states that FM Broadcast receivers are unintentional radiators. Section 15.101 of the Rules, requires that unintentional radiators shall be authorized prior to initiation of marketing and in the case of FM Broadcast receivers, the required authorization is verification. Section 15.19(a)(1) of the Rules states that receivers associated with a licensed radio service, in this case, the FM Broadcast service, shall bear the following statement in a conspicuous location on the
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- Decree shall expire twenty-four (24) months from the Effective Date. This Consent Decree may be signed in counterparts. For: Boston Scientific Corporation ___________________________ William F. McConnell, Jr. Senior Vice President, Administration Date: ___________________________ For: Enforcement Bureau Federal Communications Commission ____________________________ Kris Anne Monteith Chief, Enforcement Bureau Date: __________________________ 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. Respironics, Inc. and Boston Scientific Corporation, Order, ET Docket No. 05-331, DA 06-2316 (OET, released November 16, 2006). See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Terry G.
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- is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101 of the Rules, a DOC must accompany all Class B personal computers. Furthermore, Section 15.102(b)(4) requires that computer systems that are assembled from authorized component parts must themselves be authorized under a DoC. iBuypower does not dispute that it marketed its completed computer systems featuring the AMD Athlon-64 and Athlon-64 X2 processors prior to obtaining a DoC. Accordingly, we find
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- Section 302(b) of the Communications Act of 1934, as amended (``Act''), and Section 2.803(a) of the Commission's Rules (``Rules''). II. BACKGROUND MSSI manufactures and markets an ultra-wideband (``UWB'') precision asset localization system that utilizes an UWB receiver and processor hub. The receiver and processor hub are classified as Class A digital devices and are required to be verified under Section 15.101(a) of the Rules. On October 31, 2006, in response to a complaint alleging that the UWB receiver and processor hub in MSSI's precision asset localization system had not been verified in accordance with the FCC's rules, the Spectrum Enforcement Division of the Enforcement Bureau issued a letter of inquiry (``LOI'') to MSSI. In its response to the LOI, dated November
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- devices. In your response dated May 13, 2006, you acknowledged marketing the DM500-S and DM7020-S receivers. Additionally, you identified One-O-One iSolutions (``One-O-One''), a company based in Cupertino, California, as your distributor of these receivers. Your response failed to indicate whether the DM500-S and DM7020-S receivers met the Commission's requirements for either certification or Declaration of Conformity, as required by Section 15.101(a) of the Rules, 47 C.F.R. 15.101(a). You stated that these receivers have been imported for years and that you were ``under the understanding from the distributors that they meet all of the rules and regulations.'' You added that you do not have or know of ``any certificates required to re-sell these receivers.'' On October 2, 2006, the Division issued
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- Consent Decree. This Consent Decree cannot be modified without the advance written consent of both Parties. This Consent Decree may be signed in counterparts. For the Enforcement Bureau: ____________________________ Kris Anne Monteith Chief, Enforcement Bureau __________________________ Date For Rajant Corporation: ___________________________ Robert Schena Chief Executive Officer ___________________________ Date 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Robert Schena, Chief Executive Officer, Rajant Corporation (September 4, 2007). Letter from Patricia J. Paoletta, Esq., Counsel for Rajant Corporation, to Kathryn
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators, such as Microboards' Orbit 3 Disc Duplicator and MicroOrbit Disc Duplicator, are required to be approved prior to marketing through the verification procedures described in Sections 2.951-2.962 of the Rules. In addition, unintentional radiators are required to comply with the conducted and radiated emissions specified in Sections 15.107 and 15.109 of the Rules. As the
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators that function as digital computer peripherals, and are marketed for use in a residential environment or for use by the general public, such as XLNT Idea's Nexis 100AP AutoPrinter, Nexis 100AP Publisher, and Xi440 CD/DVD Printer, are required to be approved prior to marketing through either the Declaration of Conformity procedures described in Sections 2.1071-2.1077
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- Section 302(b) of the Act and Section 2.803(a) of the Rules, radio frequency devices may not be marketed in the United States unless such devices comply with the applicable technical and administrative provisions of the Rules. DTV converter boxes, which are classified as television interface devices under the Rules, can be authorized under a Declaration of Conformity pursuant to Section 15.101(a) of the Rules. In accordance with Section 2.948(d), only accredited laboratories may test equipment subject to a Declaration of Conformity. Further, under Section 2.948(e), the accreditation of a laboratory located outside the United States will be acceptable to the Commission only under the conditions specified therein. Further, under Section 15.19(b) of the Rules, a device subject to authorization under a
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- Section 302(b) of the Act and Section 2.803(a) of the Rules, radio frequency devices may not be marketed in the United States unless such devices comply with the applicable technical and administrative provisions of the Rules. DTV converter boxes, which are classified as television interface devices under the Rules, can be authorized under a Declaration of Conformity pursuant to Section 15.101(a) of the Rules. In accordance with Section 2.948(d), only accredited laboratories may test equipment subject to a Declaration of Conformity. Further, under Section 2.948(e), the accreditation of a laboratory located outside the United States will be acceptable to the Commission only under the conditions specified therein. Further, under Section 15.19(b) of the Rules, a device subject to authorization under a
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- by facsimile), each of which, when executed and delivered, shall be an original, and all of which counterparts together shall constitute one and the same fully executed instrument. _______________________________ Kris Anne Monteith Chief Enforcement Bureau ________________________________ Date ________________________________ Thomas C. Malone Senior Vice President Audiovox Corporation ________________________________ Date 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 154(i). 47 C.F.R. 0.111, 0.311. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.1 et seq. See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau to Mr. Patrick Lavelle, President, Audiovox Corporation
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- of the Act and Section 2.803(a) of the Rules, a radio frequency device may not be marketed within the United States unless the device complies with the applicable technical and administrative provisions of the Rules. Section 15.201(b) of the Rules requires that intentional radiators, not otherwise exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory
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- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with specific technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. 5. Under section 15.101 of the Rules, certain Class B digital devices, such as digital audio music devices marketed to the general public, must be authorized in accordance with the Commission's verification procedures prior to marketing, in order to minimize the threat that their operation would result in harmful interference to authorized devices. Specifically, Class B digital devices must be tested and verified as
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- because it contains relevant regulatory information, i.e., that scanning receivers manufactured or imported prior to October 25, 1999 may continue to be marketed and operated. 15.37(g) is deleted. This section states that certain CPU computer boards and power supplies must be authorized under either the Commission's certification procedure or its Declaration of Conformity (DoC) procedure, as set forth in Section 15.101, effective June 19, 1997. Prior to the adoption of Section 15.37(g), manufacturers and importers of such computer equipment were not required to have their equipment authorized. Thus, Section 15.37(g) simply announces the date that authorization under either the DoC or certification procedure became mandatory for CPU computer boards and related equipment, and cross-references another rule section for informational purposes. As
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- Radio Stations, Document Number W200932500003 (Enf. Bur. Aug. 13, 2009) (citing the company for use of two radio transmitting devices designed to jam licensed radio communications transmission in the 850-894 MHz and other licensed frequency bands used by City of Oklahoma City Radio System). 47 U.S.C. 302a(b), 333; 47 C.F.R. 2.803. 47 C.F.R. 2.939(a)(1)-(3). See id. 15.101-15.124. (visited June 29, 2010 and October 18, 2010). 47 U.S.C. 302a(b); 47 C.F.R. 2.803, 2.907(b), 2.931. See 47 C.F.R. 2.939(a)(4). See id. 2.939(a)(1). See id. 2.939(a)(2). See id. 2.939(a)(3). The Commission has broad investigatory authority under Sections 4(i), 4(j), and 403 of the Act, its rules, and relevant precedent. Section 4(i) authorizes the Commission
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- harmful interference to licensed radio services that share the same spectrum or nearby spectrum as unlicensed devices. Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336 and 544a. Section Number and Title: 15.3 Definitions. 15.37 Transition provisions for compliance with the rules. SUBPART B-UNINTENTIONAL RADIATORS Brief Description, Need and Legal Basis: See Subpart A above. Section Number and Title: 15.101 Equipment authorization of unintentional radiators. 15.121 Scanning receivers and frequency converters used with scanning receivers. PART 18-INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT SUBPART B-APPLICATIONS AND AUTHORIZATIONS GENERAL Brief Description: These rules specify the technical standards and other requirements for certain equipment or appliances that generate and use locally radiofrequency energy for industrial, scientific, medical purposes, excluding telecommunications applications, to be marketed
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- and successors-in-interest. ``Rules'' means the Commission's regulations found in Title 47 of the Code of Federal Regulations. Background Under section 302(b) of the Act and section 2.803(a) of the Rules, the Commission prohibits the marketing of RF devices in the United States unless the devices comply with the applicable administrative, technical, labeling and identification requirements of the Rules. Under section 15.101(a) of the Rules, parties responsible for unintentional radiators, such as the Class B digital audio RF devices marketed by PreSonus, must, in general, authorize the devices through the verification or declaration of conformity procedures. To be authorized, these devices must comply with the radiated emission limits specified in section 15.107 of the Rules, and - because these devices are designed
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- U.S.C. 302a(b). 47 C.F.R. 2.803, 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. 15.3(k). 47 U.S.C. 302a(b). See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Aug. 25, 2010). 47 U.S.C. 302a(b). 47 C.F.R. 2.803(a), 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. 15.101. See supra note 5. See Letter from Dean Downey, Business Manager, American Music and Sound, to Federal Communications Commission, Enforcement Bureau, Spectrum Enforcement Division (Sept. 24, 2010). LOI Response at 1. See Letter from Ricardo M. Durham, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Mar. 21, 2011). See Letter
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- 15.105. Id. 15.3(k). 47 U.S.C. 302a(b). 47 C.F.R. 2.803, 2.1203, 15.19, 15.21, 15.105. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Avi El-Kiss, Vice President, ETI Sound Systems, Inc. (File No. EB-10-SE-052; July 9, 2010). 47 U.S.C. 302a(b). 47 C.F.R. 2.803, 2.1203, 15.19, 15.21, 15.105. Id. 15.101. See supra note 6. See Letter from Avi El-Kiss, Vice President, ETI Sound Systems, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission (Sept. 8, 2010). LOI Response at 2. Id. at 2-3. See, e.g., Tolling Agreement Extension, File No. EB-10-SE-052, executed by and between John D. Poutasse, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Martin
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- by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter.'' Section 15.3(z) of the Rules states that FM Broadcast receivers are unintentional radiators. Section 15.101 of the Rules, requires that unintentional radiators shall be authorized prior to initiation of marketing and in the case of FM Broadcast receivers, the required authorization is verification. Section 15.19(a)(1) of the Rules states that receivers associated with a licensed radio service, in this case, the FM Broadcast service, shall bear the following statement in a conspicuous location on the
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- also corrects the rules in Appendix B of the Second R&O/MO&O as follows: Section 15.703(l) is corrected by adding the phrase ``...that may change.'' at the end of the sentence. Section 15.703(n) is corrected by changing the word ``listens'' to ``monitors''. Section 15.705(b) is corrected by removing the word ``device'' after ``TVBD'' and adding the phrase ``...of this part...'' after ``15.101(b)''. Section 15.707(a) is corrected by removing the word ``available'' and adding the phrase ``...that is available at all locations within the protection range of the coordinates of each such area as set forth in section 15.712(d) of this part.'' at the end of the first sentence. Section 15.709(b)(3) is corrected by replacing the phrase ``...the receive antenna used for...'' with
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- we believe the actions should benefit small entities because it should make available increased business opportunities to small entities. We request comment on these assessments. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. Additionally, manufacturers of direct sequence spread spectrum systems must submit a determination of system processing gain to the Commission in order to obtain product certification. The proposed regulations will add permissible methods of operation for frequency hopping spread spectrum systems. No new reporting or recordkeeping requirements are proposed for the manufacturers of frequency hopping spread spectrum
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- 2.1033, 15.37, and 15.121. The Commission's regulations regarding the Cellular Radiotelephone Service are set forth in Part 22 of the FCC rules, 47 C.F.R. Part 22, Subpart H. Cellular telephones use frequencies in the 824-849 MHz and 869-894 MHz bands to connect mobile users to other cellular system users and to the Public Switched Telephone Network. See 47 C.F.R. 15.101(a) and 2.1031 et seq. Order, at 5395-96; 47 C.F.R. 15.121(b). See Order, at 5396-97; 47 C.F.R. 15.121(a)(2). See Order, at 5399-400; 47 C.F.R. 15.121(f)(1)-(f)(2). See Notice of Proposed Rule Making in ET Docket No. 98-76, 13 FCC Rcd 12937, 12942-12943 (1998) ("NPRM"); Order at 5392-5393. See Tandy petition for partial reconsideration at 3-4. See also Uniden
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- See 47 U.S.C. 302. See Notice at 21. See Notice at footnote 37. All receivers except scanners are already under manufacturer's self-approval or are exempt from compliance with technical requirements because they have a relatively low potential for interference to radio services. Therefore, we did not propose changes to the regulatory treatment of receivers. See 47 C.F.R. 15.101. See Hypres comments at 8, SDR Forum comments at 4 and AirNet reply comments at 3. See Motorola comments at 4 and SDR Forum reply comments at 3. See Cingular comments at 4 and SDR Forum comments at 4. See Motorola comments at 4. See Nortel comments at 4 and AirNet comments at 3. See Cingular comments at 4 and
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- under Section 15.249 would be permitted a field strength 5 times greater if it were not in a restricted band. Measurements above 40 GHz were required beginning in 1996. See First Report and Order and Second Notice of Proposed Rule Making in ET Docket 94-124, 11 FCC Rcd 4481 (1996). See also 47 C.F.R. 15.33(a). See 47 C.F.R. 15.101(b). See 47 C.F.R. 15.101(a). See 47 C.F.R. 15.101(b). All devices operating under Part 15 of the rules are required to cease operation in the event they cause interference to an authorized radio service. See 47 C.F.R. 15.5(b). See 47 C.F.R. 90.103. Police in some states use a special receiver to determine whether motorists are using radar
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- have 500 or more employees, and therefore, unless one or more has exactly 500 employees do not qualify as small entities under the SBA definition. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. The new regulations will add permissible methods of operation for frequency hopping spread spectrum systems and permit systems that use digital modulation techniques to operate in the bands formerly reserved for spread spectrum operation. No new reporting or recordkeeping requirements will be required for the manufacturers of frequency hopping spread spectrum devices or systems using digital
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- shall comply with the regulations specified in this part. Radar detectors manufactured or imported prior to [180 days from publication in Federal Register] may be labeled with the information required by 2.925 and 15.19(a) of this chapter on the individual equipment carton rather than on the device, and are exempt from complying with the requirements of 15.21. Section 15.101, paragraph (a) is amended by adding a new entry to the table following the entry for ``Scanning receiver'', and by revising paragraph (b) to read as follows: 15.101 Equipment authorization of unintentional radiators. (a) * * * Type of device Equipment authorization required * * * Radar detector............................................. Certification. * * * (b) Only those receivers that operate (tune)
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- Association Defending Airwave Rights, Inc. (RADAR) on July 26, 2002. The following member of RADAR submitted the motion for stay and petition for reconsideration: BG Tech America, Inc.; Bel-Tronics; Cobra Electronics Corp.; Escort, Inc.; SK Global America, Inc.; and The Whistler Group. The petition for reconsideration makes the exact same arguments as the motion for stay. See 47 C.F.R. 15.101(a). See First Report and Order at 13. The manufacturing and importation deadline is 30 days after publication of the rules in the Federal Register, and the marketing deadline is 60 days after publication of the rules in the Federal Register. See First Report and Order at 15. The rules were published in the Federal Register on July 29,
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- upon such time as the equipment is submitted for authorization under our certification procedure. However, we note that the levels of radiated emissions due to the local oscillator of a receiver operating above 960 MHz is not addressed under Part 15, other than the requirement that the emissions not cause harmful interference to other radio operations. See 47 C.F.R. 15.101(b). Sprint reply comments at pg. 13-14 and comments of 4/25/01 at pg. 8. Sprint PCS comments of 4/6/01 at pg. 2. See 47 C.F.R. 15.231. Unlicensed PCS transmitters operate in the bands 1910-1930 MHz and 2390-2400 MHz. The exemption from the restricted bands only affects the limits for some of the unwanted emissions. The unwanted emissions are required to
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- power supplies that had been tested for compliance without having to re-test the entire device for compliance after it is assembled. Subsequently, the Commission permitted many other Part 15 unintentional radiators such as receivers and VCRs to be authorized under the DoC procedure. There are no provisions for such devices to be assembled from tested components. See 47 C.F.R. 15.101(a). See 47 C.F.R. 15.5. See 47 C.F.R. 15.19(a)(5). See 47 C.F.R. 15.19(b)(3). See 47 C.F.R. 15.19(b)(4) and 2.925(d)(2). See 47 C.F.R. 2.925(e). See Notice at p. 18216. See CEA comments at 5, Cisco comments at 12 and Motorola comments at 3. See CEA comments at 5 and Motorola comments at 3. See Cisco comments at
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- under the SBA definition. We therefore conclude that there are no more than 1,150 small manufacturers of radio and television broadcasting and wireless communications equipment. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. The changes proposed in this proceeding would not change any of the current reporting or recordkeeping requirements. Further, the proposed regulations add permissible measurement techniques and methods of operation. The proposals would not require the modification of any exiting produces. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA
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- between 500 and 999. Consequently, we estimate that the majority of wireless communications equipment manufacturers are small entities that may be affected by our action D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. The changes proposed in this proceeding would not change any of the current reporting or recordkeeping requirements. Further, the proposed regulations add permissible operating frequencies. The proposals would not require the modification of any existing produces. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to
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- having employment of between 500 and 999. Given the above, the Commission estimates that the great majority of wireless communications equipment manufacturers are small businesses. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. The changes proposed in this proceeding would not change any of the current reporting or recordkeeping requirements. Further, the proposed regulations add permissible measurement techniques and methods of operation. The proposals would not require the modification of any existing products. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA
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- follows: Section 15.37 Transition provisions for compliance with the rules. * * * * * (m) All Access BPL devices that are manufactured, imported, marketed or installed on or after [insert date 18 months from date of publication in the Federal Register] shall comply with the requirements specified in subpart G of this part, including certification of the equipment. Section 15.101 is amended by revising paragraph (a) to read as follows: (a) * * * * * Type of device Equipment authorization required TV broadcast receiver............................................ Verification FM broadcast receiver............................................ Verification CB receiver............................................................. De claration of Conformity or Certification Superregenerative receiver..................................... Declaration of Conformity or Certification Scanning receiver................................................... Certificatio n Radar detector.......................................... Certification All other receivers subject to Part 15..................... Declaration
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- Principles 1) Conducted emissions testing is not required for Access BPL. In-House BPL and Carrier Current Systems Measurement Principles In-House BPL devices are typically composite devices consisting of two equipment classes (Carrier current system and personal computer peripheral (Class B)). While carrier current systems require Verification, personal computer peripherals require Declaration of Conformity (DoC) or Certification, as specified in Section 15.101 of the Rules. Appropriate tests to determine compliance with these requirements shall be performed. In-situ testing is required for testing of the carrier current system functions of the In-House BPL device. If applicable, the device shall also be tested in a laboratory environment, as a computer peripheral, for both radiated and conducted emissions tests per the measurement procedures in C63.4-2001.
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- 15, 2003). Letter from Robert J. Ungar, Esq., to Dan S. Emrick, Spectrum Enforcement Division, Enforcement Bureau (February 13, 2003). Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, to Robert J. Ungar, Esq. (July 7, 2003). Letters from Robert J. Ungar, Esq., to Thomas Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (July 28 and August 6, 2003). Section 15.101(a) of the Rules, 47 C.F.R. 15.101(a), requires that unintentional radiators, such as the Zoom recording devices, be authorized by the Commission prior to the initiation of marketing in the United States. Verification is a self-authorization procedure where the manufacturer or the importer, in the case of imported equipment, makes measurements or takes the necessary steps to insure that the
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- 15, 2003). Letter from Robert J. Ungar, Esq., to Dan S. Emrick, Spectrum Enforcement Division, Enforcement Bureau (February 13, 2003). Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, to Robert J. Ungar, Esq. (July 7, 2003). Letters from Robert J. Ungar, Esq., to Thomas Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (July 28 and August 6, 2003). Section 15.101(a) of the Rules, 47 C.F.R. 15.101(a), requires that unintentional radiators, such as the Zoom recording devices, be authorized by the Commission prior to the initiation of marketing in the United States. Verification is a self-authorization procedure where the manufacturer or the importer, in the case of imported equipment, makes measurements or takes the necessary steps to insure that the
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- 30 MHz, which apply generally to intentional radiators. 47 C.F.R. 15.611(c). 47 C.F.R. 15.615(e) and (f). 47 C.F.R. 15.615 (f)(3). 47 C.F.R. 15.615(a). See Measurement Guidelines (Guidelines) for Broadband over Power line (BPL) Devices or Carrier Current Systems (CCS) and Certification Requirements for Access BPL Devices in Appendix C of Report and Order. 47 C.F.R. 15.101(a). See Report and Order at 74-87; see also, Public Notice DA 05-2701, released on October 13, 2005, in which the FCC announced that the United Telecom Council (UTC) will serve as database manager for Access BPL systems. Once the 30-day advance notification timeframe is over, the Access BPL operator can begin operations. However, the Access BPL operator must notify
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- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Under Section 15.101 of the Rules, certain Class B digital devices, such as digital audio music devices marketed to the general public, must be authorized in accordance with the verification procedure prior to marketing. Specifically, Class B digital devices must be tested and verified as compliant with the conducted emission limits and radiated emission limits set forth in Sections 15.107 and 15.109 of
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- energy by radiation or induction.'' 47 U.S.C. 302a(b). 47 C.F.R. 2.803 and 15.205. See 47 C.F.R. Part 2, Subpart J. Certification is an equipment authorization issued by the Commission or one of its designated Telecommunications Certification Bodies, based on representations and test data submitted by the applicant. 47 C.F.R. 2.907(a). 47 C.F.R. 2.803(e)(4). 47 C.F.R. 15.101. The retailers received Citations for marketing the unauthorized GPS re-radiator devices. See Gilsson Technologies, 20 FCC Rcd 8241 (Enf. Bur. Spectrum Enf. Div., 2005); Wal-Mart Stores, Inc., 20 FCC Rcd 7618 (Enf. Bur. Spectrum Enf. Div., 2005). San Jose is a manufacturer headquartered in Taipei, Taiwan, and the grantee of two unrelated Commission equipment certifications. See FCC Identifier RUU-G19041000 (granted
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- us supports, the imposition of a forfeiture in the amount of one million dollars ($1,000,000). II. BACKGROUND Section 302(b) of the Act provides that ``[n]o person shall manufacture, import, sell, offer for sale, or ship devices of home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section.'' Under Sections 2.803(a) and 15.101 of the Commission's implementing regulations, Class B digital devices may not be marketed prior to authorization in accordance with the Commission's verification procedures and related requirements. ``Marketing'' includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease
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- prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Class A digital devices are digital devices such as computers and computer peripherals that are marketed for use in a commercial, industrial, or business setting. Section 15.101 of the Rules requires that Class A digital devices be authorized through the verification process prior to marketing. ``Marketing'' includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. Austin Hughes is the U.S. subsidiary of Austin
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- Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). 47 U.S.C. 503(b)(2)(E). NAL Response at 25. See 47 U.S.C. 503(b)(5); see also 47 C.F.R. 1.80(d). NAL Response at 25. 47 C.F.R. 15.101(a). 47 C.F.R. 2.902. 47 C.F.R. 2.909(b). See 47 C.F.R. 2.901-2.1093. See, e.g., 47 C.F.R. 15.101(a). See generally 47 C.F.R. 15.101-15.123. See 47 C.F.R. 2.952. See 47 C.F.R. 2.955. See 47 C.F.R. 2.956. See 47 C.F.R. 2.954, 15.19 and 15.21. 47 C.F.R. 15.101(a); see also Behringer USA, Inc., Notice of Apparent
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- for a period of 180 days. Administration of effective spectrum policy requires that licensees comply with Commission rules and that the Commission is vigilant in its oversight. This will foster a level playing field for competition and encourage technological innovation. The American public requires and deserves no less. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 C.F.R. 25.120. 47 U.S.C. 154(i). 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.1 et seq. 47 C.F.R. 25.120. Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Patrick L. Donnelly, Executive Vice President and General Counsel, Sirius Satellite Radio Inc. (June 20, 2006) (``June 20, 2006
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- the FCC's International Bureau for processing. Administration of effective spectrum policy requires that licensees comply with Commission rules and that the Commission is vigilant in its oversight. This will foster a level playing field for competition and encourage technological innovation. The American public requires and deserves no less. 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 C.F.R. 25.120. 47 U.S.C. 154(i). 47 U.S.C. 302a(b). 47 C.F.R. 2.1 et seq. and 15.101 et seq. 47 C.F.R. 25.120. See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to William J. Bailey, Senior Vice President, Regulatory and Government Affairs, XM Radio Inc. (April 20, 2006)
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- where specific provisions are contained in subpart H. (b) The requirements of subpart H apply only to the radio transmitter contained in the TVBD. Other aspects of the operation of a TVBD may be subject to requirements contained elsewhere in this chapter. In particular, a TVBD device that includes a receiver that tunes within the frequency range specified in Section 15.101(b) or contains digital circuitry not directly associated with the radio transmitter is also subject to the requirements for unintentional radiators in subpart B. Section 15.706 Information to the user. (a) For TV band device, the instructions furnished the user shall include the following or similar statement, placed in a prominent location in the text of the manual: NOTE: This equipment
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- above 30 GHz. This would include digital device circuitry, e.g. a microprocessor, that performs a function as described in Section 15.33(a)(4), e.g., control the functions of the intentional radiator or used for additional control or function purposes other than to enable the operation of the intentional radiator. See 47 C.F.R. 15.33(a). See 47 C.F.R. 15.19, 15.31, 15.33, 15.35, 15.101 through 15.111, 15.201 through 15.209. , supra. , supra. Comments of NRAO at 1. . See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996). See 5 U.S.C. 603(a). Id. 5
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- Measurement Principles Conducted emissions testing is not required for Access BPL. In-House BPL and Carrier Current Systems Measurement Principles In-House BPL devices are typically composite devices consisting of two equipment classes (Carrier current system and personal computer peripheral (Class B)). While carrier current systems require Verification, personal computer peripherals require Declaration of Conformity (DoC) or Certification, as specified in Section 15.101 of the Rules. Appropriate tests to determine compliance with these requirements shall be performed. In-situ testing is required for testing of the carrier current system functions of the In-House BPL device. If applicable, the device shall also be tested in a laboratory environment, as a computer peripheral, for both radiated and conducted emissions tests per the measurement procedures in C63.4-2003.
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- 303(u)(1). See NPRM, 26 FCC Rcd at 13760, 52; see also 47 C.F.R. 15.119, 15.122. See NPRM, 26 FCC Rcd at 13764, 59. Part 15 of the Commission's rules requires devices to be authorized prior to the initiation of marketing, either through the Verification process or through a Declaration of Conformity or Certification. See 47 C.F.R. 15.101, et seq. However, those rules are concerned only with the device's performance as an unintentional radiator into the radio-frequency spectrum. Since closed-captioning functionality exists separately from the RF receiving and tuning functionality of a device, and new IP-based devices may not include receivers of the type Part 15 regulates, we find it unnecessary to require a Declaration of Conformity or
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- 81CE Comments at 5; CEMA Comments at 17; ITI Comments at 25; Tandy Comments at 12; Viacom Comments at 13. 8247 C.F.R. 15.1 83Devices operating under Part 15 generally must meet limits on radiated and power line emissions. See 47 C.F.R. 15.109-111. 8447 C.F.R. 76.613 and 76.617. See 47 C.F.R. 76.605, 76.610-76.616. 85See 47 C.F.R. 15.101(a). 17 43. Commenters concur that piracy and theft of service are major problems for the cable industry.76 Several cite an NCTA Office of Cable Signal Theft Study which concluded that the industry loses an estimated $5.1 billion in revenue annually (not including unauthorized reception of pay-per-view programming).77 TW argues that piracy imposes costs on legitimate subscribers.78 WCA contends that rampant
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- programming is transmitted to the television receiver intact and without disruption by any broadcast, cable television, or other television program distribution services. Federal Communications Commission FCC 97-340 A - 3 D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. The Commission's rules require television receivers to be verified for compliance with applicable FCC technical requirements. See 47 C.F.R. Sections 15.101, 15.117, and 2.951, et seq. Documentation concerning the verification must be kept by the manufacturer or importer. The rules ultimately adopted in this proceeding will require that television receivers comply with industry-developed standards for blocking display of video programming based on program ratings. However, verification testing regarding program blocking is not necessary because compliance with the industry-developed standards, and the
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- we believe the actions should benefit small entities because it should make available increased business opportunities to small entities. We request comment on these assessments. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. Additionally, manufacturers of direct sequence spread spectrum systems must submit a determination of system processing gain to the Commission in order to obtain product certification. The proposed regulations will add permissible methods of operation for frequency hopping spread spectrum systems. No new reporting or recordkeeping requirements are proposed for the manufacturers of frequency hopping spread spectrum
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- have 500 or more employees; however, we unable to determine how many of those have 1,000 or fewer employees and therefore also qualify as small entities under the SBA definition. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. The Commission's rules require television receivers to be verified for compliance with applicable FCC technical requirements. See 47 C.F.R. Sections 15.101, 15.117, and 2.951, et seq. Documentation concerning the verification must be kept by the manufacturer or importer. The rules adopted in this proceeding require that television receivers comply with industry-developed standards for blocking display of video programming based on program ratings. However, verification testing regarding program blocking is not necessary because compliance with the industry-developed standards, and the associated Commission
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- use of the Commission's resources. Accordingly, once domestic TCBs are available to process applications for personal computer equipment for those applicants who choose to use the certification process rather than DoC, the Commission will stop accepting these applications a reasonable time thereafter. The Commission will announce by public notice when it will cease to accept these applications. We amend Section 15.101 of the rules to reflect this change. Implementation Dates and Transition Periods 50. In the Notice, we proposed that a transition period of 24 months elapse before any TCBs would be allowed to certify equipment.100 This time period was proposed because it is similar to the provision of the US/EC MRA, which specifies a 24 month transition period after the
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- have 500 or more employees, and therefore, unless one or more has exactly 500 employees do not qualify as small entities under the SBA definition. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. The new regulations will add permissible methods of operation for frequency hopping spread spectrum systems. No new reporting or recordkeeping requirements will be required for the manufacturers of frequency hopping spread spectrum devices. As previously noted, in the NPRM in this proceeding, the Commission also proposed a modified test procedure for certain direct sequence spread spectrum
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- See 47 U.S.C. 302. See Notice at 21. See Notice at footnote 37. All receivers except scanners are already under manufacturer's self-approval or are exempt from compliance with technical requirements because they have a relatively low potential for interference to radio services. Therefore, we did not propose changes to the regulatory treatment of receivers. See 47 C.F.R. 15.101. See Hypres comments at 8, SDR Forum comments at 4 and AirNet reply comments at 3. See Motorola comments at 4 and SDR Forum reply comments at 3. See Cingular comments at 4 and SDR Forum comments at 4. See Motorola comments at 4. See Nortel comments at 4 and AirNet comments at 3. See Cingular comments at 4 and
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- is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules,11 CPU boards used with Class B personal computers must be authorized prior to marketing in accordance with DOC or certification procedures. VIA asserts in its response to our LOI that it authorized its model EPIA-M and EPIA-CL CPU boards in accordance with the DOC procedures. However, VIA admits that it only tested these CPU boards for compliance
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- equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter [emphasis added]. As discussed below, the SpeedChargers are Class B digital devices that employ switching power supply assemblies, and as such are subject to the Commission's verification equipment authorization procedures, marketing, labeling and identification requirements. III.A. Non-verified equipment. 7. Under Section 15.101(a) of the Rules,14 manufacturers are required to test and verify that Class B external switching power supply devices comply with Commission technical standards, ``prior to the initiation of marketing.''15 However, under Section 2.803(c) of the Rules, in limited circumstances, a manufacturer is allowed to market devices prior to completion of the verification procedure. Specifically, Section 2.803(c) provides that devices may
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- from Robert J. Ungar, Esq., to Dan S. Emrick, Spectrum Enforcement Division, Enforcement Bureau (February 13, 2003). 11 Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, to Robert J. Ungar, Esq. (July 7, 2003). 12 Letters from Robert J. Ungar, Esq., to Thomas Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (July 28 and August 6, 2003). 13 Section 15.101(a) of the Rules, 47 C.F.R. 15.101(a), requires that unintentional radiators, such as the Zoom recording devices, be authorized by the Commission prior to the initiation of marketing in the United States. 14 Verification is a self-authorization procedure where the manufacturer or the importer, in the case of imported equipment, makes measurements or takes the necessary steps to insure that the
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- of the Communications Act of 1934, as amended (the ``Act'')5, and Section 2.803 of the Commission's Rules (the ``Rules''),6 regarding the manufacture, importation, marketing and sale of Class B digital audio products, as well as Sections 15.19 (labeling requirements) and 15.105(b) (user manual statements) of the Rules.7 Background 1. Pursuant to Section 302(b) of the Act and Sections 2.803(a)(2) and 15.101(a) of the Rules,8 Class B digital equipment must be authorized pursuant to the Commission's verification procedures prior to, inter alia, the importation or initiation of marketing of such equipment. Such equipment is also subject to Commission rules requiring labeling (47 C.F.R. 15.19(a)) and user manual statements (47 C.F.R. 15.105(b)). 2. SLM manufactures Class B digital audio equipment, including guitar amplifiers
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- 270, 300, 400, 410, 433, 450, 450B, and 485. Other Devices: Model 202-1 Sip & Puff; Model 200-00 Repeater; Model 923 Receiver; Model 924 Receiver; Model PB 5000 PERS Buddy; Model 650 Medtime with RF Transmitter; Medtime; Model 200-10 HW Smoke Detector; and Model 200-14 RF Smoke Detector. 47 U.S.C. S 302a(b). See, e.g., 47 C.F.R. SS 2.803, 2.925, 15.19, 15.101, 15.105(b), 15.107, 15.109, 15.201, 15.207, 15.231, 68.201, and 68.354. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. 47 U.S.C. S 302a(b). See, e.g., 47 C.F.R. Parts 2, 15, and 68. 47 U.S.C. S 302a(b). See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to Howard M. Siegel, President, AMAC (Nov. 17, 2004). Federal Communications
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- be modified without the advance written consent of both Parties. 23. This Cnsent Decree may be signed in counterparts. For the Enforcement Bureau: ________________________________ Kris Anne Monteith Chief, Enforcement Bureau ________________________________ Date For Applied Wireless Identifications Group, Inc.: ________________________________ Larry Kellam Chairman and Chief Executive Officer ________________________________ Date 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.101 et seq. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.1 et seq. Federal Communications Commission DA 06-1555 1 Federal Communications Commission DA 06-1555 3 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1555A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1555A1.doc
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- the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter." 9. Section 15.3(z) of the Rules states that FM Broadcast receivers are unintentional radiators. Section 15.101 of the Rules, requires that unintentional radiators shall be authorized prior to initiation of marketing and in the case of FM Broadcast receivers, the required authorization is verification. Section 15.19(a)(1) of the Rules states that receivers associated with a licensed radio service, in this case, the FM Broadcast service, shall bear the following statement in a conspicuous location on the
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- shall expire twenty-four (24) months from the Effective Date. 23. This Consent Decree may be signed in counterparts. For: Boston Scientific Corporation ___________________________ William F. McConnell, Jr. Senior Vice President, Administration Date: ___________________________ For: Enforcement Bureau Federal Communications Commission ____________________________ Kris Anne Monteith Chief, Enforcement Bureau Date: __________________________ 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.101 et seq. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.101 et seq. Respironics, Inc. and Boston Scientific Corporation, Order, ET Docket No. 05-331, DA 06-2316 (OET, released November 16, 2006). See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Terry G.
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- is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101 of the Rules, a DOC must accompany all Class B personal computers. Furthermore, Section 15.102(b)(4) requires that computer systems that are assembled from authorized component parts must themselves be authorized under a DoC. iBuypower does not dispute that it marketed its completed computer systems featuring the AMD Athlon-64 and Athlon-64 X2 processors prior to obtaining a DoC. Accordingly, we find
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- 302(b) of the Communications Act of 1934, as amended ("Act"), and Section 2.803(a) of the Commission's Rules ("Rules"). II. BACKGROUND 2. MSSI manufactures and markets an ultra-wideband ("UWB") precision asset localization system that utilizes an UWB receiver and processor hub. The receiver and processor hub are classified as Class A digital devices and are required to be verified under Section 15.101(a) of the Rules. 3. On October 31, 2006, in response to a complaint alleging that the UWB receiver and processor hub in MSSI's precision asset localization system had not been verified in accordance with the FCC's rules, the Spectrum Enforcement Division of the Enforcement Bureau issued a letter of inquiry ("LOI") to MSSI. In its response to the LOI, dated
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Under Section 15.101 of the Rules,6 certain Class B digital devices,7 such as digital audio music devices marketed to the general public, must be authorized in accordance with the verification procedure prior to marketing. Specifically, Class B digital devices must be tested and verified as compliant with the conducted emission limits and radiated emission limits set forth in Sections 15.107 and 15.109 of
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- energy by radiation or induction." 47 U.S.C. S 302a(b). 47 C.F.R. SS 2.803 and 15.205. See 47 C.F.R. Part 2, Subpart J. Certification is an equipment authorization issued by the Commission or one of its designated Telecommunications Certification Bodies, based on representations and test data submitted by the applicant. 47 C.F.R. S 2.907(a). 47 C.F.R. S 2.803(e)(4). 47 C.F.R. S 15.101. The retailers received Citations for marketing the unauthorized GPS re-radiator devices. See Gilsson Technologies, 20 FCC Rcd 8241 (Enf. Bur. Spectrum Enf. Div., 2005); Wal-Mart Stores, Inc., 20 FCC Rcd 7618 (Enf. Bur. Spectrum Enf. Div., 2005). San Jose is a manufacturer headquartered in Taipei, Taiwan, and the grantee of two unrelated Commission equipment certifications. See FCC Identifier RUU-G19041000 (granted
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- devices. In your response dated May 13, 2006, you acknowledged marketing the DM500-S and DM7020-S receivers. Additionally, you identified One-O-One iSolutions ("One-O-One"), a company based in Cupertino, California, as your distributor of these receivers. Your response failed to indicate whether the DM500-S and DM7020-S receivers met the Commission's requirements for either certification or Declaration of Conformity, as required by Section 15.101(a) of the Rules, 47 C.F.R. S 15.101(a). You stated that these receivers have been imported for years and that you were "under the understanding from the distributors that they meet all of the rules and regulations." You added that you do not have or know of "any certificates required to re-sell these receivers." On October 2, 2006, the Division issued
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- supports, the imposition of a forfeiture in the amount of one million dollars ($1,000,000). II. BACKGROUND 2. Section 302(b) of the Act provides that "[n]o person shall manufacture, import, sell, offer for sale, or ship devices of home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section." Under Sections 2.803(a) and 15.101 of the Commission's implementing regulations, Class B digital devices may not be marketed prior to authorization in accordance with the Commission's verification procedures and related requirements. "Marketing" includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease
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- to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. 3. Class A digital devices are digital devices such as computers and computer peripherals that are marketed for use in a commercial, industrial, or business setting. Section 15.101 of the Rules requires that Class A digital devices be authorized through the verification process prior to marketing. "Marketing" includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. 4. Austin Hughes is the U.S. subsidiary of
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- 24. This Consent Decree cannot be modified without the advance written consent of both Parties. 25. This Consent Decree may be signed in counterparts. For the Enforcement Bureau: ____________________________ Kris Anne Monteith Chief, Enforcement Bureau __________________________ Date For Rajant Corporation: ___________________________ Robert Schena Chief Executive Officer ___________________________ Date 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. 47 U.S.C. S: 154(i). 47 C.F.R. S: S: 0.111, 0.311. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Robert Schena, Chief Executive Officer, Rajant Corporation (September 4, 2007). Letter from Patricia J. Paoletta, Esq., Counsel for Rajant Corporation, to Kathryn
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1937A1.html
- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators, such as Microboards' Orbit 3 Disc Duplicator and MicroOrbit Disc Duplicator, are required to be approved prior to marketing through the verification procedures described in Sections 2.951-2.962 of the Rules. In addition, unintentional radiators are required to comply with the conducted and radiated emissions specified in Sections 15.107 and 15.109 of the Rules. As the
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators that function as digital computer peripherals, and are marketed for use in a residential environment or for use by the general public, such as XLNT Idea's Nexis 100AP AutoPrinter, Nexis 100AP Publisher, and Xi440 CD/DVD Printer, are required to be approved prior to marketing through either the Declaration of Conformity procedures described in Sections 2.1071-2.1077
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- Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). 47 U.S.C. S: 503(b)(2)(E). NAL Response at 25. See 47 U.S.C. S: 503(b)(5); see also 47 C.F.R. 1.80(d). NAL Response at 25. 47 C.F.R. S: 15.101(a). 47 C.F.R. S: 2.902. 47 C.F.R. S: 2.909(b). See 47 C.F.R. S:S: 2.901-2.1093. See, e.g., 47 C.F.R. S: 15.101(a). See generally 47 C.F.R. S:S: 15.101-15.123. See 47 C.F.R. S: 2.952. See 47 C.F.R. S: 2.955. See 47 C.F.R. S: 2.956. See 47 C.F.R. S:S: 2.954, 15.19 and 15.21. 47 C.F.R. S: 15.101(a); see also Behringer USA, Inc., Notice of Apparent
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- the FCC's International Bureau for processing. Administration of effective spectrum policy requires that licensees comply with Commission rules and that the Commission is vigilant in its oversight. This will foster a level playing field for competition and encourage technological innovation. The American public requires and deserves no less. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. 47 C.F.R. S: 25.120. 47 U.S.C. S: 154(i). 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. 47 C.F.R. S: 25.120. See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to William J. Bailey, Senior Vice President, Regulatory and Government Affairs, XM Radio Inc. (April 20, 2006)
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1358A1.html
- Section 302(b) of the Act and Section 2.803(a) of the Rules, radio frequency devices may not be marketed in the United States unless such devices comply with the applicable technical and administrative provisions of the Rules. DTV converter boxes, which are classified as television interface devices under the Rules, can be authorized under a Declaration of Conformity pursuant to Section 15.101(a) of the Rules. In accordance with Section 2.948(d), only accredited laboratories may test equipment subject to a Declaration of Conformity. Further, under Section 2.948(e), the accreditation of a laboratory located outside the United States will be acceptable to the Commission only under the conditions specified therein. Further, under Section 15.19(b) of the Rules, a device subject to authorization under a
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2103A1.html
- Section 302(b) of the Act and Section 2.803(a) of the Rules, radio frequency devices may not be marketed in the United States unless such devices comply with the applicable technical and administrative provisions of the Rules. DTV converter boxes, which are classified as television interface devices under the Rules, can be authorized under a Declaration of Conformity pursuant to Section 15.101(a) of the Rules. In accordance with Section 2.948(d), only accredited laboratories may test equipment subject to a Declaration of Conformity. Further, under Section 2.948(e), the accreditation of a laboratory located outside the United States will be acceptable to the Commission only under the conditions specified therein. Further, under Section 15.19(b) of the Rules, a device subject to authorization under a
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- by facsimile), each of which, when executed and delivered, shall be an original, and all of which counterparts together shall constitute one and the same fully executed instrument. _______________________________ Kris Anne Monteith Chief Enforcement Bureau ________________________________ Date ________________________________ Thomas C. Malone Senior Vice President Audiovox Corporation ________________________________ Date 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.1 et seq. and 15.1 et seq. See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau to Mr. Patrick Lavelle, President, Audiovox Corporation
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- of the Act and Section 2.803(a) of the Rules, a radio frequency device may not be marketed within the United States unless the device complies with the applicable technical and administrative provisions of the Rules. Section 15.201(b) of the Rules requires that intentional radiators, not otherwise exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory
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- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with specific technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. 5. Under section 15.101 of the Rules, certain Class B digital devices, such as digital audio music devices marketed to the general public, must be authorized in accordance with the Commission's verification procedures prior to marketing, in order to minimize the threat that their operation would result in harmful interference to authorized devices. Specifically, Class B digital devices must be tested and verified as
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- Radio Stations, Document Number W200932500003 (Enf. Bur. Aug. 13, 2009) (citing the company for use of two radio transmitting devices designed to jam licensed radio communications transmission in the 850-894 MHz and other licensed frequency bands used by City of Oklahoma City Radio System). 47 U.S.C. S:S: 302a(b), 333; 47 C.F.R. S: 2.803. 47 C.F.R. S: 2.939(a)(1)-(3). See id. S: 15.101-15.124. According to the txtstopper.com website, TxTStopper(TM) is "a simple 12v device and is easily installed in less than 1 hour by your local professional car stereo/auto alarm technician." http://www.txtstopper.com/cms/content/faqs (visited June 29, 2010 and October 18, 2010). 47 U.S.C. S: 302a(b); 47 C.F.R. S:S: 2.803, 2.907(b), 2.931. See 47 C.F.R. S: 2.939(a)(4). See id. S: 2.939(a)(1). See id. S: 2.939(a)(2).
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- d.b.a. D&G Food Mart, Notice of Unauthorized Operation and Interference to Licensed Radio Stations, Document Number W200932500003 (Enf. Bur. Aug. 13, 2009) (citing the company for use of two radio transmitting devices designed to jam licensed radio communications transmission in the 850-894 MHz and other licensed frequency bands used by City of Oklahoma City Radio System). See 47 C.F.R. S: 15.101-15.124. Specifically, the Commission's review of the test report and other data submitted with the application indicates that the device approved under FCC ID No. XRLTG-VIPJAMM was tested when connected to a personal computer and the AC power line (rather than in a motor vehicle) and that it did not have any circuitry for receiving or transmitting radio signals. By contrast,
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- "Rules" means the Commission's regulations found in Title 47 of the Code of Federal Regulations. II. Background 2. Under section 302(b) of the Act and section 2.803(a) of the Rules, the Commission prohibits the marketing of RF devices in the United States unless the devices comply with the applicable administrative, technical, labeling and identification requirements of the Rules. Under section 15.101(a) of the Rules, parties responsible for unintentional radiators, such as the Class B digital audio RF devices marketed by PreSonus, must, in general, authorize the devices through the verification or declaration of conformity procedures. To be authorized, these devices must comply with the radiated emission limits specified in section 15.107 of the Rules, and - because these devices are designed
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- U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. S: 15.3(k). 47 U.S.C. S: 302a(b). See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Aug. 25, 2010). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803(a), 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. S: 15.101. See supra note 5. See Letter from Dean Downey, Business Manager, American Music and Sound, to Federal Communications Commission, Enforcement Bureau, Spectrum Enforcement Division (Sept. 24, 2010). LOI Response at 1. See Letter from Ricardo M. Durham, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Mar. 21, 2011). See Letter
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- 15.105. Id. S: 15.3(k). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 2.1203, 15.19, 15.21, 15.105. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Avi El-Kiss, Vice President, ETI Sound Systems, Inc. (File No. EB-10-SE-052; July 9, 2010). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 2.1203, 15.19, 15.21, 15.105. Id. S: 15.101. See supra note 6. See Letter from Avi El-Kiss, Vice President, ETI Sound Systems, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission (Sept. 8, 2010). LOI Response at 2. Id. at 2-3. See, e.g., Tolling Agreement Extension, File No. EB-10-SE-052, executed by and between John D. Poutasse, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Martin
- http://transition.fcc.gov/eb/Public_Notices/da001850.doc http://transition.fcc.gov/eb/Public_Notices/da001850.html
- Service, WPMS-544, Brooklyn, NY. New York, NY District Office (7/7/00). CITATIONS 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.803 - Marketing of Radio Frequency Devices Prior to Equipment Authorization Xended Camera Support, Inc., St. Paul, MN. Other violations: 47 C.F.R. 2.925 (Identification of Equipment), 2.926 (FCC Identifier), and 15.101 (Equipment Authorization of Unintended Radiators). Los Angeles, CA District Office (7/10/00). Digital Cinema Products Corp., Huntington Beach, CA. Other violations: 47 C.F.R. 2.925 (Identification of Equipment), 2.926 (FCC Identifier), and 15.201 (Equipment Authorization Requirement). Los Angeles, CA District Office (7/11/00). George Paddock, Inc., North Hollywood, CA. Other violations: 47 C.F.R. 2.925 (Idnetification of Equipment), 2.926 (FCC Identifier), and
- http://transition.fcc.gov/eb/Public_Notices/da012540.html http://transition.fcc.gov/eb/Public_Notices/da012540.pdf
- NY District Office (9/4/01). * Jade Mountain, Boulder, CO. Denver, CO District Office (9/5/01). * Deer 1 Electronics, Tampa, FL. Tampa, FL District Office (9/25/01). 47 C.F.R. Part 2 Frequency Allocation and Radio Treaty Matters; General Rules and Regulations * 47 C.F.R. 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization * TRUCK-N-TRAVEL, Coburg, Oregon. Other violation: 47 C.F.R. 15.101(Equipment Authorization of Unintentional Radiators). Portland, OR Resident Agent Office (9/17/01). 47 C.F.R. Part 15 Radio Frequency Devices * 47 C.F.R. 15.5 General Conditions of Operation * Impact Video, Las Vegas, Nevada. Seattle, WA District Office (9/28/01). * 47 C.F.R. 15.109 Radiated Emission Limits * University of Arkansas, Fayettesville, AR. New Orleans, LA District Office (9/14/01). 47 C.F.R. Part 18 Industrial,
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- Equipment Authorization). Los Angeles, CA District Office (11/27/01). * CTI New York, Inc., New York, NY. New York, NY District Office (11/28/01). 47 C.F.R. Part 2 Frequency Allocation and Radio Treaty Matters; General Rules and Regulations * 47 C.F.R. 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization * Flying J Travel Plaza, Troutdale, Oregon. Other violation: 47 C.F.R. 15.101 (Equipment Authorization of Unintentional Radiators). Portland, OR Resident Agent Office (11/6/01). * Videorama Industries, Los Angeles, CA. Other violation: 47 C.F.R. 15.201 (Equipment Authorization Requirement). Los Angeles, CA District Office (11/14/01). 47 C.F.R. Part 15 Radio Frequency Devices * 47 C.F.R. 15.5 General Conditions of Operation * Alvin R. Mulligan, Fairview, OR. Portland, OR Resident Agent Office (11/16/01). References 1.
- http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
- 81CE Comments at 5; CEMA Comments at 17; ITI Comments at 25; Tandy Comments at 12; Viacom Comments at 13. 8247 C.F.R. 15.1 83Devices operating under Part 15 generally must meet limits on radiated and power line emissions. See 47 C.F.R. 15.109-111. 8447 C.F.R. 76.613 and 76.617. See 47 C.F.R. 76.605, 76.610-76.616. 85See 47 C.F.R. 15.101(a). 17 43. Commenters concur that piracy and theft of service are major problems for the cable industry.76 Several cite an NCTA Office of Cable Signal Theft Study which concluded that the industry loses an estimated $5.1 billion in revenue annually (not including unauthorized reception of pay-per-view programming).77 TW argues that piracy imposes costs on legitimate subscribers.78 WCA contends that rampant
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- Service, WPMS-544, Brooklyn, NY. New York, NY District Office (7/7/00). CITATIONS 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.803 - Marketing of Radio Frequency Devices Prior to Equipment Authorization Xended Camera Support, Inc., St. Paul, MN. Other violations: 47 C.F.R. 2.925 (Identification of Equipment), 2.926 (FCC Identifier), and 15.101 (Equipment Authorization of Unintended Radiators). Los Angeles, CA District Office (7/10/00). Digital Cinema Products Corp., Huntington Beach, CA. Other violations: 47 C.F.R. 2.925 (Identification of Equipment), 2.926 (FCC Identifier), and 15.201 (Equipment Authorization Requirement). Los Angeles, CA District Office (7/11/00). George Paddock, Inc., North Hollywood, CA. Other violations: 47 C.F.R. 2.925 (Idnetification of Equipment), 2.926 (FCC Identifier), and
- http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1997/fcc97340.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1997/fcc97340.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1997/fcc97340.wp
- programming is transmitted to the television receiver intact and without disruption by any broadcast, cable television, or other television program distribution services. Federal Communications Commission FCC 97-340 A - 3 D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. The Commission's rules require television receivers to be verified for compliance with applicable FCC technical requirements. See 47 C.F.R. Sections 15.101, 15.117, and 2.951, et seq. Documentation concerning the verification must be kept by the manufacturer or importer. The rules ultimately adopted in this proceeding will require that television receivers comply with industry-developed standards for blocking display of video programming based on program ratings. However, verification testing regarding program blocking is not necessary because compliance with the industry-developed standards, and the
- http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.txt
- we believe the actions should benefit small entities because it should make available increased business opportunities to small entities. We request comment on these assessments. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. Additionally, manufacturers of direct sequence spread spectrum systems must submit a determination of system processing gain to the Commission in order to obtain product certification. The proposed regulations will add permissible methods of operation for frequency hopping spread spectrum systems. No new reporting or recordkeeping requirements are proposed for the manufacturers of frequency hopping spread spectrum
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- have 500 or more employees; however, we unable to determine how many of those have 1,000 or fewer employees and therefore also qualify as small entities under the SBA definition. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. The Commission's rules require television receivers to be verified for compliance with applicable FCC technical requirements. See 47 C.F.R. Sections 15.101, 15.117, and 2.951, et seq. Documentation concerning the verification must be kept by the manufacturer or importer. The rules adopted in this proceeding require that television receivers comply with industry-developed standards for blocking display of video programming based on program ratings. However, verification testing regarding program blocking is not necessary because compliance with the industry-developed standards, and the associated Commission
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- use of the Commission's resources. Accordingly, once domestic TCBs are available to process applications for personal computer equipment for those applicants who choose to use the certification process rather than DoC, the Commission will stop accepting these applications a reasonable time thereafter. The Commission will announce by public notice when it will cease to accept these applications. We amend Section 15.101 of the rules to reflect this change. Implementation Dates and Transition Periods 50. In the Notice, we proposed that a transition period of 24 months elapse before any TCBs would be allowed to certify equipment.100 This time period was proposed because it is similar to the provision of the US/EC MRA, which specifies a 24 month transition period after the
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- (``MSO''). Furthermore, because this is an average, it is likely that some program packagers may be substantially smaller. Therefore, this Report and Order could affect all 25 program packagers. D. Description of Projected Reporting, Record Keeping and Other Compliance Requirements. The Commission's rules require television receivers to be verified for compliance with applicable FCC technical requirements. See 47 CFR Sections 15.101, 15.117, and 2.951, et seq. Documentation concerning the verification must be kept by the manufacturer or importer. The rules adopted in this proceeding require that digital television receivers comply with industry-developed standards for closed captioning display. However, testing regarding closed captioning display is not necessary because compliance with the industry-developed standards, and the associated Commission rules, can be determined easily
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- have 500 or more employees, and therefore, unless one or more has exactly 500 employees do not qualify as small entities under the SBA definition. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. Part 15 transmitters are already required to be authorized under the Commission's certification procedure as a prerequisite to marketing and importation. See 47 C.F.R. 15.101, 15.201, 15.305, and 15.405. The new regulations will add permissible methods of operation for frequency hopping spread spectrum systems. No new reporting or recordkeeping requirements will be required for the manufacturers of frequency hopping spread spectrum devices. As previously noted, in the NPRM in this proceeding, the Commission also proposed a modified test procedure for certain direct sequence spread spectrum
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- See 47 U.S.C. 302. See Notice at 21. See Notice at footnote 37. All receivers except scanners are already under manufacturer's self-approval or are exempt from compliance with technical requirements because they have a relatively low potential for interference to radio services. Therefore, we did not propose changes to the regulatory treatment of receivers. See 47 C.F.R. 15.101. See Hypres comments at 8, SDR Forum comments at 4 and AirNet reply comments at 3. See Motorola comments at 4 and SDR Forum reply comments at 3. See Cingular comments at 4 and SDR Forum comments at 4. See Motorola comments at 4. See Nortel comments at 4 and AirNet comments at 3. See Cingular comments at 4 and
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- other form of authorization or testing may be required for the device (e.g., a WLAN into which an authorized module is installed must still be authorized as a PC peripheral, subject to the appropriate equipment authorization). (d) In the case of a modular transceiver, the modular approval policy only applies to the transmitter portion of such devices. Pursuant to Section 15.101(b), the receiver portion will either be subject to Verification, or it will not be subject to any authorization requirements (unless it is a Scanning Receiver, in which case it is also subject to Certification, pursuant to Section 15.101(a)). (e) The holder of the grant of equipment authorization (Grantee) of the module is responsible for the compliance of the module in
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- the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter.''8 8. Section 15.3(z) of the Rules9 states that FM Broadcast receivers are unintentional radiators. Section 15.101 of the Rules,10 requires that unintentional radiators shall be authorized prior to initiation of marketing and in the case of FM Broadcast receivers, the required authorization is verification. Section 15.19(a)(1) of the Rules states that receivers associated with a licensed radio service, in this case, the FM Broadcast service, shall bear the following statement in a conspicuous location on the
- http://www.fcc.gov/eb/Orders/2004/DA-04-3189A1.html
- is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules,11 CPU boards used with Class B personal computers must be authorized prior to marketing in accordance with DOC or certification procedures. VIA asserts in its response to our LOI that it authorized its model EPIA-M and EPIA-CL CPU boards in accordance with the DOC procedures. However, VIA admits that it only tested these CPU boards for compliance
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- equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter [emphasis added]. As discussed below, the SpeedChargers are Class B digital devices that employ switching power supply assemblies, and as such are subject to the Commission's verification equipment authorization procedures, marketing, labeling and identification requirements. III.A. Non-verified equipment. 7. Under Section 15.101(a) of the Rules,14 manufacturers are required to test and verify that Class B external switching power supply devices comply with Commission technical standards, ``prior to the initiation of marketing.''15 However, under Section 2.803(c) of the Rules, in limited circumstances, a manufacturer is allowed to market devices prior to completion of the verification procedure. Specifically, Section 2.803(c) provides that devices may
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- from Robert J. Ungar, Esq., to Dan S. Emrick, Spectrum Enforcement Division, Enforcement Bureau (February 13, 2003). 11 Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, to Robert J. Ungar, Esq. (July 7, 2003). 12 Letters from Robert J. Ungar, Esq., to Thomas Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (July 28 and August 6, 2003). 13 Section 15.101(a) of the Rules, 47 C.F.R. 15.101(a), requires that unintentional radiators, such as the Zoom recording devices, be authorized by the Commission prior to the initiation of marketing in the United States. 14 Verification is a self-authorization procedure where the manufacturer or the importer, in the case of imported equipment, makes measurements or takes the necessary steps to insure that the
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- of the Communications Act of 1934, as amended (the ``Act'')5, and Section 2.803 of the Commission's Rules (the ``Rules''),6 regarding the manufacture, importation, marketing and sale of Class B digital audio products, as well as Sections 15.19 (labeling requirements) and 15.105(b) (user manual statements) of the Rules.7 Background 1. Pursuant to Section 302(b) of the Act and Sections 2.803(a)(2) and 15.101(a) of the Rules,8 Class B digital equipment must be authorized pursuant to the Commission's verification procedures prior to, inter alia, the importation or initiation of marketing of such equipment. Such equipment is also subject to Commission rules requiring labeling (47 C.F.R. 15.19(a)) and user manual statements (47 C.F.R. 15.105(b)). 2. SLM manufactures Class B digital audio equipment, including guitar amplifiers
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- 270, 300, 400, 410, 433, 450, 450B, and 485. Other Devices: Model 202-1 Sip & Puff; Model 200-00 Repeater; Model 923 Receiver; Model 924 Receiver; Model PB 5000 PERS Buddy; Model 650 Medtime with RF Transmitter; Medtime; Model 200-10 HW Smoke Detector; and Model 200-14 RF Smoke Detector. 47 U.S.C. S 302a(b). See, e.g., 47 C.F.R. SS 2.803, 2.925, 15.19, 15.101, 15.105(b), 15.107, 15.109, 15.201, 15.207, 15.231, 68.201, and 68.354. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. 47 U.S.C. S 302a(b). See, e.g., 47 C.F.R. Parts 2, 15, and 68. 47 U.S.C. S 302a(b). See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to Howard M. Siegel, President, AMAC (Nov. 17, 2004). Federal Communications
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- be modified without the advance written consent of both Parties. 23. This Cnsent Decree may be signed in counterparts. For the Enforcement Bureau: ________________________________ Kris Anne Monteith Chief, Enforcement Bureau ________________________________ Date For Applied Wireless Identifications Group, Inc.: ________________________________ Larry Kellam Chairman and Chief Executive Officer ________________________________ Date 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.101 et seq. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.1 et seq. Federal Communications Commission DA 06-1555 1 Federal Communications Commission DA 06-1555 3 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1555A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1555A1.doc
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- the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter." 9. Section 15.3(z) of the Rules states that FM Broadcast receivers are unintentional radiators. Section 15.101 of the Rules, requires that unintentional radiators shall be authorized prior to initiation of marketing and in the case of FM Broadcast receivers, the required authorization is verification. Section 15.19(a)(1) of the Rules states that receivers associated with a licensed radio service, in this case, the FM Broadcast service, shall bear the following statement in a conspicuous location on the
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- shall expire twenty-four (24) months from the Effective Date. 23. This Consent Decree may be signed in counterparts. For: Boston Scientific Corporation ___________________________ William F. McConnell, Jr. Senior Vice President, Administration Date: ___________________________ For: Enforcement Bureau Federal Communications Commission ____________________________ Kris Anne Monteith Chief, Enforcement Bureau Date: __________________________ 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.101 et seq. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. 47 U.S.C. S 302a(b). 47 C.F.R. S 2.1 et seq. and S 15.101 et seq. Respironics, Inc. and Boston Scientific Corporation, Order, ET Docket No. 05-331, DA 06-2316 (OET, released November 16, 2006). See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Terry G.
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- is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101 of the Rules, a DOC must accompany all Class B personal computers. Furthermore, Section 15.102(b)(4) requires that computer systems that are assembled from authorized component parts must themselves be authorized under a DoC. iBuypower does not dispute that it marketed its completed computer systems featuring the AMD Athlon-64 and Athlon-64 X2 processors prior to obtaining a DoC. Accordingly, we find
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- 302(b) of the Communications Act of 1934, as amended ("Act"), and Section 2.803(a) of the Commission's Rules ("Rules"). II. BACKGROUND 2. MSSI manufactures and markets an ultra-wideband ("UWB") precision asset localization system that utilizes an UWB receiver and processor hub. The receiver and processor hub are classified as Class A digital devices and are required to be verified under Section 15.101(a) of the Rules. 3. On October 31, 2006, in response to a complaint alleging that the UWB receiver and processor hub in MSSI's precision asset localization system had not been verified in accordance with the FCC's rules, the Spectrum Enforcement Division of the Enforcement Bureau issued a letter of inquiry ("LOI") to MSSI. In its response to the LOI, dated
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- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with the specified technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Under Section 15.101 of the Rules,6 certain Class B digital devices,7 such as digital audio music devices marketed to the general public, must be authorized in accordance with the verification procedure prior to marketing. Specifically, Class B digital devices must be tested and verified as compliant with the conducted emission limits and radiated emission limits set forth in Sections 15.107 and 15.109 of
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- energy by radiation or induction." 47 U.S.C. S 302a(b). 47 C.F.R. SS 2.803 and 15.205. See 47 C.F.R. Part 2, Subpart J. Certification is an equipment authorization issued by the Commission or one of its designated Telecommunications Certification Bodies, based on representations and test data submitted by the applicant. 47 C.F.R. S 2.907(a). 47 C.F.R. S 2.803(e)(4). 47 C.F.R. S 15.101. The retailers received Citations for marketing the unauthorized GPS re-radiator devices. See Gilsson Technologies, 20 FCC Rcd 8241 (Enf. Bur. Spectrum Enf. Div., 2005); Wal-Mart Stores, Inc., 20 FCC Rcd 7618 (Enf. Bur. Spectrum Enf. Div., 2005). San Jose is a manufacturer headquartered in Taipei, Taiwan, and the grantee of two unrelated Commission equipment certifications. See FCC Identifier RUU-G19041000 (granted
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- devices. In your response dated May 13, 2006, you acknowledged marketing the DM500-S and DM7020-S receivers. Additionally, you identified One-O-One iSolutions ("One-O-One"), a company based in Cupertino, California, as your distributor of these receivers. Your response failed to indicate whether the DM500-S and DM7020-S receivers met the Commission's requirements for either certification or Declaration of Conformity, as required by Section 15.101(a) of the Rules, 47 C.F.R. S 15.101(a). You stated that these receivers have been imported for years and that you were "under the understanding from the distributors that they meet all of the rules and regulations." You added that you do not have or know of "any certificates required to re-sell these receivers." On October 2, 2006, the Division issued
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- supports, the imposition of a forfeiture in the amount of one million dollars ($1,000,000). II. BACKGROUND 2. Section 302(b) of the Act provides that "[n]o person shall manufacture, import, sell, offer for sale, or ship devices of home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section." Under Sections 2.803(a) and 15.101 of the Commission's implementing regulations, Class B digital devices may not be marketed prior to authorization in accordance with the Commission's verification procedures and related requirements. "Marketing" includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease
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- to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. 3. Class A digital devices are digital devices such as computers and computer peripherals that are marketed for use in a commercial, industrial, or business setting. Section 15.101 of the Rules requires that Class A digital devices be authorized through the verification process prior to marketing. "Marketing" includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. 4. Austin Hughes is the U.S. subsidiary of
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- 24. This Consent Decree cannot be modified without the advance written consent of both Parties. 25. This Consent Decree may be signed in counterparts. For the Enforcement Bureau: ____________________________ Kris Anne Monteith Chief, Enforcement Bureau __________________________ Date For Rajant Corporation: ___________________________ Robert Schena Chief Executive Officer ___________________________ Date 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. 47 U.S.C. S: 154(i). 47 C.F.R. S: S: 0.111, 0.311. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Robert Schena, Chief Executive Officer, Rajant Corporation (September 4, 2007). Letter from Patricia J. Paoletta, Esq., Counsel for Rajant Corporation, to Kathryn
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators, such as Microboards' Orbit 3 Disc Duplicator and MicroOrbit Disc Duplicator, are required to be approved prior to marketing through the verification procedures described in Sections 2.951-2.962 of the Rules. In addition, unintentional radiators are required to comply with the conducted and radiated emissions specified in Sections 15.107 and 15.109 of the Rules. As the
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- radio frequency device unless ... [i]n the case of a device that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. Pursuant to Section 15.101(a) of the Rules, unintentional radiators that function as digital computer peripherals, and are marketed for use in a residential environment or for use by the general public, such as XLNT Idea's Nexis 100AP AutoPrinter, Nexis 100AP Publisher, and Xi440 CD/DVD Printer, are required to be approved prior to marketing through either the Declaration of Conformity procedures described in Sections 2.1071-2.1077
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- of the Act and Section 2.803(a) of the Rules, a radio frequency device may not be marketed within the United States unless the device complies with the applicable technical and administrative provisions of the Rules. Section 15.201(b) of the Rules requires that intentional radiators, not otherwise exempted by the Rules, be authorized by Certification prior to marketing. Pursuant to Section 15.101(a) of the Rules, Class B digital devices must be authorized by Verification, and television interface devices may be authorized either by Certification or by Declaration of Conformity. Radio frequency devices must also comply with all applicable identification and labeling requirements prior to marketing. Under Section 2.1203 of the Rules, no radio frequency device may be imported into the Customs territory
- http://www.fcc.gov/eb/Orders/2011/DA-11-1468A1.html
- that is not required to have a grant of equipment authorization issued by the Commission, but which must comply with specific technical standards prior to use, such device also complies with all applicable administrative (including verification of the equipment or authorization under a Declaration of Conformity, where required), technical, labeling and identification requirements specified in this chapter. 5. Under section 15.101 of the Rules, certain Class B digital devices, such as digital audio music devices marketed to the general public, must be authorized in accordance with the Commission's verification procedures prior to marketing, in order to minimize the threat that their operation would result in harmful interference to authorized devices. Specifically, Class B digital devices must be tested and verified as
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- Radio Stations, Document Number W200932500003 (Enf. Bur. Aug. 13, 2009) (citing the company for use of two radio transmitting devices designed to jam licensed radio communications transmission in the 850-894 MHz and other licensed frequency bands used by City of Oklahoma City Radio System). 47 U.S.C. S:S: 302a(b), 333; 47 C.F.R. S: 2.803. 47 C.F.R. S: 2.939(a)(1)-(3). See id. S: 15.101-15.124. According to the txtstopper.com website, TxTStopper(TM) is "a simple 12v device and is easily installed in less than 1 hour by your local professional car stereo/auto alarm technician." http://www.txtstopper.com/cms/content/faqs (visited June 29, 2010 and October 18, 2010). 47 U.S.C. S: 302a(b); 47 C.F.R. S:S: 2.803, 2.907(b), 2.931. See 47 C.F.R. S: 2.939(a)(4). See id. S: 2.939(a)(1). See id. S: 2.939(a)(2).
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- d.b.a. D&G Food Mart, Notice of Unauthorized Operation and Interference to Licensed Radio Stations, Document Number W200932500003 (Enf. Bur. Aug. 13, 2009) (citing the company for use of two radio transmitting devices designed to jam licensed radio communications transmission in the 850-894 MHz and other licensed frequency bands used by City of Oklahoma City Radio System). See 47 C.F.R. S: 15.101-15.124. Specifically, the Commission's review of the test report and other data submitted with the application indicates that the device approved under FCC ID No. XRLTG-VIPJAMM was tested when connected to a personal computer and the AC power line (rather than in a motor vehicle) and that it did not have any circuitry for receiving or transmitting radio signals. By contrast,
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- "Rules" means the Commission's regulations found in Title 47 of the Code of Federal Regulations. II. Background 2. Under section 302(b) of the Act and section 2.803(a) of the Rules, the Commission prohibits the marketing of RF devices in the United States unless the devices comply with the applicable administrative, technical, labeling and identification requirements of the Rules. Under section 15.101(a) of the Rules, parties responsible for unintentional radiators, such as the Class B digital audio RF devices marketed by PreSonus, must, in general, authorize the devices through the verification or declaration of conformity procedures. To be authorized, these devices must comply with the radiated emission limits specified in section 15.107 of the Rules, and - because these devices are designed
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- U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. S: 15.3(k). 47 U.S.C. S: 302a(b). See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Aug. 25, 2010). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803(a), 2.1203, 15.19, 15.21, 15.105. 47 C.F.R. S: 15.101. See supra note 5. See Letter from Dean Downey, Business Manager, American Music and Sound, to Federal Communications Commission, Enforcement Bureau, Spectrum Enforcement Division (Sept. 24, 2010). LOI Response at 1. See Letter from Ricardo M. Durham, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Lynn Martin, President, American Music and Sound (Mar. 21, 2011). See Letter
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- 15.105. Id. S: 15.3(k). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 2.1203, 15.19, 15.21, 15.105. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Avi El-Kiss, Vice President, ETI Sound Systems, Inc. (File No. EB-10-SE-052; July 9, 2010). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 2.1203, 15.19, 15.21, 15.105. Id. S: 15.101. See supra note 6. See Letter from Avi El-Kiss, Vice President, ETI Sound Systems, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission (Sept. 8, 2010). LOI Response at 2. Id. at 2-3. See, e.g., Tolling Agreement Extension, File No. EB-10-SE-052, executed by and between John D. Poutasse, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Martin
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- Service, WPMS-544, Brooklyn, NY. New York, NY District Office (7/7/00). CITATIONS 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.803 - Marketing of Radio Frequency Devices Prior to Equipment Authorization Xended Camera Support, Inc., St. Paul, MN. Other violations: 47 C.F.R. 2.925 (Identification of Equipment), 2.926 (FCC Identifier), and 15.101 (Equipment Authorization of Unintended Radiators). Los Angeles, CA District Office (7/10/00). Digital Cinema Products Corp., Huntington Beach, CA. Other violations: 47 C.F.R. 2.925 (Identification of Equipment), 2.926 (FCC Identifier), and 15.201 (Equipment Authorization Requirement). Los Angeles, CA District Office (7/11/00). George Paddock, Inc., North Hollywood, CA. Other violations: 47 C.F.R. 2.925 (Idnetification of Equipment), 2.926 (FCC Identifier), and
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- NY District Office (9/4/01). * Jade Mountain, Boulder, CO. Denver, CO District Office (9/5/01). * Deer 1 Electronics, Tampa, FL. Tampa, FL District Office (9/25/01). 47 C.F.R. Part 2 Frequency Allocation and Radio Treaty Matters; General Rules and Regulations * 47 C.F.R. 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization * TRUCK-N-TRAVEL, Coburg, Oregon. Other violation: 47 C.F.R. 15.101(Equipment Authorization of Unintentional Radiators). Portland, OR Resident Agent Office (9/17/01). 47 C.F.R. Part 15 Radio Frequency Devices * 47 C.F.R. 15.5 General Conditions of Operation * Impact Video, Las Vegas, Nevada. Seattle, WA District Office (9/28/01). * 47 C.F.R. 15.109 Radiated Emission Limits * University of Arkansas, Fayettesville, AR. New Orleans, LA District Office (9/14/01). 47 C.F.R. Part 18 Industrial,
- http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
- Equipment Authorization). Los Angeles, CA District Office (11/27/01). * CTI New York, Inc., New York, NY. New York, NY District Office (11/28/01). 47 C.F.R. Part 2 Frequency Allocation and Radio Treaty Matters; General Rules and Regulations * 47 C.F.R. 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization * Flying J Travel Plaza, Troutdale, Oregon. Other violation: 47 C.F.R. 15.101 (Equipment Authorization of Unintentional Radiators). Portland, OR Resident Agent Office (11/6/01). * Videorama Industries, Los Angeles, CA. Other violation: 47 C.F.R. 15.201 (Equipment Authorization Requirement). Los Angeles, CA District Office (11/14/01). 47 C.F.R. Part 15 Radio Frequency Devices * 47 C.F.R. 15.5 General Conditions of Operation * Alvin R. Mulligan, Fairview, OR. Portland, OR Resident Agent Office (11/16/01). References 1.