FCC Web Documents citing 2.801

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

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  • Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). Letter from Kathy Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Richard Mann, Antique Radio Collector (November 15, 2006). Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 25, 2006). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). The term ``kit'' is defined in Section 15.3(p) as ``[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
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  • punishable by fine or imprisonment under 18 U.S.C. § 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau cc: Mitchell Lazarus, Esq. A ``radiofrequency device'' is defined as ``any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. Laird Telemedia is a trade name used by Tower. See Letter from Kathryn Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Laird Telemedia. (October 24, 2006). See Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 20, 2006). See Letter from Kathryn S. Berthot, Deputy
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  • 12890. Id. at 12891-92. Petition for Reconsideration at 6-12. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. The 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). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' NAL response at 6-7, Exhibit A. NAL response at 6-7; Petition for Reconsideration at 6-8. NAL response at 7; Petition for Reconsideration at 7. Petition for Reconsideration at 8. See ACR Electronics, Inc., Notice of Apparent
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  • 15.209. An ``unintentional radiator'' is defined by Section 15.3(z) of the Rules, 47 C.F.R. § 15.3(z), as: [a] device that intentionally generates radio frequency energy for use within the device, or that sends radio frequency signals by conduction to associated equipment via connecting wiring, but which is not intended to emit RF energy by radiation or induction. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Section 2.1(c) of the Rules, 47 C.F.R. § 2.1(c), defines a spurious emission as ``[e]mission on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting
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  • of certain information in its response concerning the number of units of the device that were distributed and the entities to whom the devices were distributed, asserting that this information constitutes commercial information and trade secrets and that release of this information could cause substantial competitive harm. We grant MRC's request and accord this information confidential treatment. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Although Section 90.1205(c) of the Rules, 47 C.F.R. § 90.1205(c), prohibits aeronautical operation in the 4.9 GHz band, the Wireless Telecommunications Bureau has granted waivers to licensees to use this band for aeronautical use subject to
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  • 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, to L. P. Ryan, Low Power Radio (May 30, 2007). Letter from Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio to Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (received July 2, 2007). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). The term ``kit'' is defined in Section 15.3(p) as ``[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
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  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801(a)(1) of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy ....'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``any part or component thereof which in use emits radiofrequency energy.'' Section 15.201(b) of the Rules requires intentional radiators to be
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  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801 of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy ....'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``[a]ny part or component thereof which in use emits radiofrequency energy....'' Section 15.201(b) of the Rules requires intentional radiators to be
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  • 5. Id. at 3. Id. at 3. First LOI Response at 13. Second LOI Response at 6. First LOI Response at 8 - 9. First LOI Response at 12. LOI at 1. See First LOI Response, Exhibit 11; Second LOI Response, Exhibit 2. First LOI Response at 11. 47 C.F.R. § 2.909. Second LOI Response at 7. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.909(a). 47 C.F.R. § 2.909(d). First LOI Response at 8 - 9. 47 C.F.R. § 2.925(a)(1). See Unlicensed Modular Transmitter Approval, Public Notice, 15 FCC Rcd 25415 (OET 2000). These include the modifications
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  • this case had been taken out of service by March 31, 2007. Thus, any violation of Section 90.210 (emission masking) of the Rules occurred outside the applicable statute of limitations, i.e., one year prior to the release of this NAL. Id. at 2-3. See also supra note 12. Id. Id. at 3. Id. 47 U.S.C. § 302(b). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.803(c). See ACR Electronics, Inc., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 22293, 22299 (2004); forfeiture ordered, 21 FCC Rcd 3698 (2006). See 47 C.F.R. § 2.803(e). Id. (last visited July
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  • Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (March 10, 2008) (``Fourth LOI Response''). See Letter from Ian A. Volner and Ronald E. Quirk, Jr., Counsel for Data Capture Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (May 8, 2008) (``Fifth LOI Response''). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.909(a). See Ryzex, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 878, 881 (Enf. Bur., Spectrum Enf. Div. 2008) ("Ryzex"), response pending; DBK Concepts, Inc., Notice of Apparent Liability for Forfeiture,
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  • dB =10 log (X mW/1000 mW), where X equals a maximum power of 500 mW). See LOI Response at 5. See LOI Response at 5. Id. Id. Id. at 4. 47 U.S.C. § 302a(b). A ``radiofrequency device'' is ``any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. 47 C.F.R. § 2.803(a)(1). An ``intentional radiator'' is ``any device that intentionally generates radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3(o). 47 C.F.R. § 15.201(b). Section 2.803(e)(4) of the Rules, 47 C.F.R. § 2.803(e)(4), defines ``marketing'' as the ``sale or lease, or offering to sale or lease, including advertising for sale or lease, or importation, shipment or
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  • Patricia Sharma, President, Multi-Tech Systems, Inc. (June 16, 2008) (``LOI''). See Letter from Jeff Davis, Vice-President of Engineering, Multi-Tech Systems, Inc., to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (July 8, 2008) (``LOI Response''). See LOI Response at 1. See LOI Response at 1. See id. See id.; see also 47 C.F.R. § 15.105(a). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' LOI Response at 1. Id. Id. Marketing, as defined in 47 C.F.R. § 2.803(e)(4), ``includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for
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  • Fourth LOI Response at 2-3. Id. at 2-3. Id. at 3. Id. at 2-3. First LOI Response at 5, Second LOI Response at 3. Third LOI Response at 2. Id. at 3-4. First LOI Response at 3. Second LOI Response at 5. Third LOI Response at 3. First LOI at 5. See Second LOI Response, Attachment 2. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.909(a). These models are set forth in note 10, above. 47 C.F.R. §§ 2.909(d) and 2.25(a)(1). The correct FCC ID number is the FCC ID number of the replacement internal radio assembly See
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  • this citation is punishable by fine or imprisonment under 18 U.S.C. § 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau Enclosure A ``radiofrequency device'' is defined as ``any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Monique Gibson, Registered Agent, HobbyTron.com (October 22, 2007) (``LOI''). See Gibson Tech Ed., Inc., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 14438 (Enf. Bur., Spectrum Enf. Div., 2005) (finding Gibson Tech Ed, Inc., d/b/a HobbyTron.com apparently liable for marketing unauthorized FM broadcast
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  • would cause substantial competitive harm. Id. at 3. Although we do not rule on Sennheiser's confidentiality request at this time, we will not disclose this information herein. Specifically, Sennheiser states that this device was marketed under the following three model numbers: SKM3072-U 470/600, SKM3072-U 574/702, and SKM3072-U 678/814. Id. at Attachment A. Id. at 2. Id. Id. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201. A certification is an equipment authorization issued by the
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  • 1-2. Id. See 47 C.F.R. § 97.301. LOI Response at 1. Iftron's website currently notes that units of the Stinger Pro available in the United States transmit on 2.414, 2.432, and 2.450 GHz, and that units that additionally transmit on 2.468 GHz are ``available elsewhere.'' See http://www.iftrontech.com/2.4GHz-Transmitters/c44/p100/Stinger-Pro-2.4GH z-500MW-AVD-Transmitter/product_info.html (last accessed June 23, 2009). LOI Response at 3. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.803(g). An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3(o). 47 C.F.R. § 15.201. A certification is an equipment authorization
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  • Division, Enforcement Bureau, Federal Communications Commission (November 24, 2008) (``Third LOI Response''). See Letter from David L Renaud, Vice President, Corporate Affairs, and General Counsel, Proxim Wireless Corporation. to Neal McNeil, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Thomas D. Fitz-Gibbon, Esq., Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 24, 2008). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.925(a)(1). Marketing, as defined in 47 C.F.R. § 2.803(e)(4), ``includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose
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  • to Chris Rea, Inter Tech FM (November 24, 2008) (``Third LOI''). See Letter from Chris Rea, Inter Tech FM to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (July 23, 2008) (``Second Response''). Id. at 2. See Third LOI at 2. See also supra para. 2. See Third Response at 1. 47 U.S.C. § 302a(a). Section 2.801(a)(1) of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy... .'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``any part or component thereof which in use emits radiofrequency energy.'' 47 C.F.R. § § 2.801(a)(1) and (d). 47 C.F.R. §
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  • the following Broadcast Warehouse amplifiers as the modules that it incorporated into its own casing: the TX25-50 and the TX150-300. Id. Commission records indicate that these amplifiers were certified under two FCC Identification Numbers, as follows: (1) FCC ID TUOTX25-50 (TX25-50); and (2) FCC ID TUOTX150-300 (TX150-300). Id. See supra note 20 and accompanying text. 47 U.S.C. § 302a(a). Section 2.801(a)(1) of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy ....'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``any part or component thereof which in use emits radiofrequency energy.'' 47 C.F.R. § § 2.801(a)(1) and (d). 47 C.F.R. §
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  • LOI''). See letter from Saber Yang, General Manager, LawMate Technology Co., Ltd. to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (``August 20 Response'') at 2. See letter from Saber Yang, General Manager, LawMate Technology Co., Ltd. to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (October 1, 2008) (``October 1 Response'') at 2. Id. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201. A certification is an equipment authorization issued by the
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  • further inquiry by the Division, R.F. Technologies produced test data to support its assertion that the device met Part 90 technical requirements. Id. at 2. R.F. Technologies notes that it did obtain an equipment authorization, and thus an FCC Identifier, during this period for a different portable transceiver. Id. Id. at 1-2. Id. Id. Id. at 4. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201(b); see also 47 C.F.R. §§ 2.1031-2.1060. LOI Response at
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  • August 29, 2008) (``LOI Response''). LOI Response at 1. Although Power 7 maintains that it was not aware of the requirement that it obtain a certification for the FM Cup Transmitter prior to marketing in the U.S., we note that it holds other FCC certifications and therefore was apparently familiar with the FCC equipment authorization requirements. Id. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Marketing, as defined in 47 C.F.R. § 2.803(e)(4), ``includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing
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  • Rules, a ``[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures.'' A ``[t]elevision program producer refers to a person or organization engaged in the production of television programs.'' 47 C.F.R § 74.801 47 C.F.R § 74.870. 47 C.F.R § 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R §§ 2.801 - 2.815. 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 U.S.C. §§ 154(i), 154(j), 403. See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. § 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
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  • Rules, a ``[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures.'' A ``[t]elevision program producer refers to a person or organization engaged in the production of television programs.'' 47 C.F.R § 74.801 47 C.F.R § 74.870. 47 C.F.R § 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R §§ 2.801 - 2.815. 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 U.S.C. §§ 154(i), 154(j), 403. See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. § 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
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  • Rules, a ``[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures.'' A ``[t]elevision program producer refers to a person or organization engaged in the production of television programs.'' 47 C.F.R § 74.801 47 C.F.R § 74.870. 47 C.F.R § 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R §§ 2.801 - 2.815. 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 U.S.C. §§ 154(i), 154(j), 403. See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. § 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
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  • in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. § 15.3(i). Section 15.3(k) of the Rules defines a ``digital device'' as ``an unintentional radiator (device or system) that generates and uses timing signals or pulses at a rate in excess of 9,000 pulses (cycles) per second and uses digital techniques.'' 47 C.F.R. § 15.3(k). Section 2.801 of the Rules defines ``radio frequency device'' as ``any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. See Letter from Paul Tait, Marshall Amplification PLC, to Marlene K. Dortch, Secretary, Federal Communications Commission (July 28, 2010) (``LOI Response''). See id. at 4. See also 47 C.F.R. §
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  • PreSonus Audio Electronics, Inc. (July 12, 2010) (``LOI''). 47 C.F.R. § 2.803(a). Section 2.803(e)(4) of the Rules defines ``marketing'' as including the ``sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.'' 47 C.F.R. § 2.803(e)(4). Section 2.801 of the Rules defines ``radio frequency device'' as ``any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. 47 C.F.R. § 15.101(a). See 47 C.F.R. § 2.909(b), (c). Section 15.3(z) of the Rules defines ``unintentional radiator'' as ``a device that intentionally generates radio frequency energy for use within
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  • on the Request for Confidentiality. See 47 C.F.R. § 0.459(d)(3). LOI Response at 1, 6. Id. at 6. Id. Id. at 2. Id. Id. at 2. We note that this grant applies to devices manufactured and marketed by SmartLabs beginning June 3, 2010 and does not negate any equipment marketing violations by SmartLabs prior to that date. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3(o). 47 C.F.R. § 15.201(b). A certification is an equipment authorization issued by the Commission,
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  • Radio Collector (June 2, 2008). 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803. Section 2.803(e)(4) of the Rules defines ``marketing'' as the ``sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.'' 47 C.F.R. § 2.803(e)(4). Section 2.801 of the Rules defines ``radio frequency device'' as ``any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Richard Mann, Antique Radio Collector (Nov. 15, 2006). Appeal of Forfeiture Order, filed by Richard Mann d/b/a The
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  • ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Austin Hughes Solutions Inc., 1636 Pacific Street, Union City, CA 94587. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. § 302a(b) and 47 C.F.R. § 2.803(a)(2). 47 U.S.C. § 302a. 47 C.F.R. § 2.801 defines a radio frequency device as ``any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' See 47 C.F.R. §§ 15.3(h) and 15.3(k). 47 C.F.R. § 15.101(a). Verification is a procedure where the manufacturer makes measurements or takes the necessary steps to insure that the equipment complies with the appropriate
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  • the importer, makes measurements or takes the necessary steps to ensure that the equipment complies with the appropriate technical standards. However, unlike the Declaration of Conformity procedure, it does not require that an accredited laboratory make the measurements or that a Declaration of Conformity be supplied with the equipment. 47 C.F.R. § 2.902(a). 47 C.F.R. § 2.803(e)(4). 47 C.F.R. § 2.801 defines a radio frequency device as ``any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.3(o) defines an intentional radiator as ``[a] device that intentionally generates radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.204(d). Modification of Parts 2 and 15 of the Commission's
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  • that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Mr. Thad Disbrow, Ramko Distributors, Inc., 3840 LaGrange Street, Toledo, Ohio 43612. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. § 302a(b) and 47 C.F.R. § 2.803. 47 U.S.C. § 302a. 47 C.F.R. § 2.801 defines a radio frequency device as ``any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.927(a). 47 C.F.R. § 2.803(e)(4). 47 C.F.R. § 95.603(c). 47 C.F.R. § 95.655(a). 47 C.F.R. § 95.655(c). The ``10-meter'' band refers to the amateur service band from 28.0 - 29.7 MHz.
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  • 6. Both the Act and the Rules prohibit the sale or offer for sale of radio frequency devices, as well as the shipment or distribution for the purpose of selling such devices, unless the device has first been properly authorized, identified and labeled in accordance with the Commission's Rules. See 47 U.S.C. § 302(b), and 47 C.F.R. § 2.803(a)(1). Section 2.801 of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy...'' (Emphasis added.) Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices, and ``any part or component thereof which in use emits radiofrequency energy.'' See 47 C.F.R. § 2.801(a) and (d). Although Mr.
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  • from Frank Lin, Chief Executive Officer, Hawking Technologies, Inc. to Thomas Fitz-Gibbon, Attorney, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (January 17, 2005) (``LOI Response''). LOI Response at 2. Id at 3. Id at 2. 47 C.F.R. § 15.204(d)(2). LOI Response at 3. 47 C.F.R. § 15.19. 47 C.F.R. § 2.925. LOI Response at 3. Id.. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.3(o) defines an intentional radiator as ``A device that intentionally generates radio frequency energy by radiation or induction.'' The packaging and user manual of the HSB1 include a notification that the amplifier can
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  • from Michael A. Leo to the Enforcement Bureau, Attention: Thomas Fitz-Gibbon. A comparison of information from Hobbytron.com with information from Ramsey's website and catalog indicates that the ``R-FM25B-WT'' is apparently a fully assembled version of the Ramsey FM25B transmitter kit, while the ``R-FM100B-WT'' appears to be identical to the Ramsey FM100BWT fully assembled transmitter manufactured by Ramsey. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM100BWT is an intentional radiator. See New Image Electronics, 17 FCC Rcd 3594,
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  • Leo to the Enforcement Bureau, Spectrum Enforcement Division, Attention: Thomas Fitz-Gibbon. We note that Ramsey also manufactures and markets a professional 50 watt low power FM transmitter, model PX50, which is certified under FCC ID: PF3PX50. 47 C.F.R. § 15.3(o) defines an intentional radiator as ``[a] device that intentionally generates radio frequency energy by radiation or induction.'' 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM35WT and FM100BWT are intentional radiators. 47 C.F.R. § 2.807(b). See New Image
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-136A1_Erratum.doc
  • Leo to the Enforcement Bureau, Spectrum Enforcement Division, Attention: Thomas Fitz-Gibbon. We note that Ramsey also manufactures and markets a professional 50 watt low power FM transmitter, model PX50, which is certified under FCC ID: PF3PX50. 47 C.F.R. § 15.3(o) defines an intentional radiator as ``[a] device that intentionally generates radio frequency energy by radiation or induction.'' 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM35WT and FM100BWT are intentional radiators. 47 C.F.R. § 2.807(b). See New Image
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  • Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission to AboCom Systems, Inc. (March 2, 2006). See Letter from Eric Oh-Yang, Chairman & Chief Executive Officer, AboCom Systems, Inc., to Brett Greenwalt, Engineer, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (April 10, 2006) (``LOI Response''). Id., Exhibit B. 47 C.F.R. § 2.947(b) and (c). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' See 47 C.F.R. § 2.931. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means
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  • Communications, Ltd., 21 FCC Rcd 4025 (Enf. Bur., Spectrum Enf. Div., 2006). Letter from Christopher D. Imlay, Esq. to Chief, Spectrum Enforcement Division, Enforcement Bureau (May 18, 2006) (``NAL response''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). 47 U.S.C. § 503(b)(2)(D). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' NAL response, Exhibit B. Id. at pp. 6-7, Exhibit A. Id. at pp. 6-7. 47 U.S.C. § 503(b)(6)(B), which provides that ``No forfeiture penalty shall be determined or imposed against any person under this subsection if
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  • FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Communications Specialists, Inc., 426 West Taft Avenue, Orange, CA 92865-4296. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.209. 47 C.F.R. § 15.231. An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201. A
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  • Enforcement Bureau, Federal Communications Commission (January 17, 2005) (``LOI Response''). LOI Response at 2. Id at 3. Id at 2. Hawking Technologies, Inc., 20 FCC Rcd 10852 (Enf. Bur. 2005). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). 47 U.S.C. § 503(b)(2)(D). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.3(o) defines an intentional radiator as ``A device that intentionally generates radio frequency energy by radiation or induction.'' Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures
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  • # S30-CEL-TA (base station) for the Vitec CellCom 10 Digital Wireless Intercom. Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Clear-Com Communications Systems (February 13, 2006). See paragraph 4 supra. Letter from Christopher D. Imlay, Esq. to Kathryn S. Berthot and Thomas D. Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (March 2, 2006). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' See ACR Electronics, Inc., FCC 06-37 (released March 23, 2006) (imposing a forfeiture of $65,000 for advertising and displaying radio frequency devices prior to certification without the disclaimer notice specified in Section 2.803(c)). Section 312(f)(1) of
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  • Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). Letter from Kathy Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Richard Mann, Antique Radio Collector (November 15, 2006). Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 25, 2006). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). The term ``kit'' is defined in Section 15.3(p) as ``[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
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  • punishable by fine or imprisonment under 18 U.S.C. § 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau cc: Mitchell Lazarus, Esq. A ``radiofrequency device'' is defined as ``any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. Laird Telemedia is a trade name used by Tower. See Letter from Kathryn Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Laird Telemedia. (October 24, 2006). See Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 20, 2006). See Letter from Kathryn S. Berthot, Deputy
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  • 12890. Id. at 12891-92. Petition for Reconsideration at 6-12. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. The 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). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' NAL response at 6-7, Exhibit A. NAL response at 6-7; Petition for Reconsideration at 6-8. NAL response at 7; Petition for Reconsideration at 7. Petition for Reconsideration at 8. See ACR Electronics, Inc., Notice of Apparent
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  • 15.209. An ``unintentional radiator'' is defined by Section 15.3(z) of the Rules, 47 C.F.R. § 15.3(z), as: [a] device that intentionally generates radio frequency energy for use within the device, or that sends radio frequency signals by conduction to associated equipment via connecting wiring, but which is not intended to emit RF energy by radiation or induction. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Section 2.1(c) of the Rules, 47 C.F.R. § 2.1(c), defines a spurious emission as ``[e]mission on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting
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  • of certain information in its response concerning the number of units of the device that were distributed and the entities to whom the devices were distributed, asserting that this information constitutes commercial information and trade secrets and that release of this information could cause substantial competitive harm. We grant MRC's request and accord this information confidential treatment. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Although Section 90.1205(c) of the Rules, 47 C.F.R. § 90.1205(c), prohibits aeronautical operation in the 4.9 GHz band, the Wireless Telecommunications Bureau has granted waivers to licensees to use this band for aeronautical use subject to
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  • 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, to L. P. Ryan, Low Power Radio (May 30, 2007). Letter from Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio to Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (received July 2, 2007). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). The term ``kit'' is defined in Section 15.3(p) as ``[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
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  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801(a)(1) of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy ....'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``any part or component thereof which in use emits radiofrequency energy.'' Section 15.201(b) of the Rules requires intentional radiators to be
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  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801 of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy ....'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``[a]ny part or component thereof which in use emits radiofrequency energy....'' Section 15.201(b) of the Rules requires intentional radiators to be
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  • 5. Id. at 3. Id. at 3. First LOI Response at 13. Second LOI Response at 6. First LOI Response at 8 - 9. First LOI Response at 12. LOI at 1. See First LOI Response, Exhibit 11; Second LOI Response, Exhibit 2. First LOI Response at 11. 47 C.F.R. § 2.909. Second LOI Response at 7. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.909(a). 47 C.F.R. § 2.909(d). First LOI Response at 8 - 9. 47 C.F.R. § 2.925(a)(1). See Unlicensed Modular Transmitter Approval, Public Notice, 15 FCC Rcd 25415 (OET 2000). These include the modifications
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  • this case had been taken out of service by March 31, 2007. Thus, any violation of Section 90.210 (emission masking) of the Rules occurred outside the applicable statute of limitations, i.e., one year prior to the release of this NAL. Id. at 2-3. See also supra note 12. Id. Id. at 3. Id. 47 U.S.C. § 302(b). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.803(c). See ACR Electronics, Inc., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 22293, 22299 (2004); forfeiture ordered, 21 FCC Rcd 3698 (2006). See 47 C.F.R. § 2.803(e). Id. (last visited July
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  • Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (March 10, 2008) (``Fourth LOI Response''). See Letter from Ian A. Volner and Ronald E. Quirk, Jr., Counsel for Data Capture Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (May 8, 2008) (``Fifth LOI Response''). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.909(a). See Ryzex, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 878, 881 (Enf. Bur., Spectrum Enf. Div. 2008) ("Ryzex"), response pending; DBK Concepts, Inc., Notice of Apparent Liability for Forfeiture,
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  • dB =10 log (X mW/1000 mW), where X equals a maximum power of 500 mW). See LOI Response at 5. See LOI Response at 5. Id. Id. Id. at 4. 47 U.S.C. § 302a(b). A ``radiofrequency device'' is ``any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. 47 C.F.R. § 2.803(a)(1). An ``intentional radiator'' is ``any device that intentionally generates radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3(o). 47 C.F.R. § 15.201(b). Section 2.803(e)(4) of the Rules, 47 C.F.R. § 2.803(e)(4), defines ``marketing'' as the ``sale or lease, or offering to sale or lease, including advertising for sale or lease, or importation, shipment or
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  • Patricia Sharma, President, Multi-Tech Systems, Inc. (June 16, 2008) (``LOI''). See Letter from Jeff Davis, Vice-President of Engineering, Multi-Tech Systems, Inc., to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (July 8, 2008) (``LOI Response''). See LOI Response at 1. See LOI Response at 1. See id. See id.; see also 47 C.F.R. § 15.105(a). 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' LOI Response at 1. Id. Id. Marketing, as defined in 47 C.F.R. § 2.803(e)(4), ``includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for
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  • Fourth LOI Response at 2-3. Id. at 2-3. Id. at 3. Id. at 2-3. First LOI Response at 5, Second LOI Response at 3. Third LOI Response at 2. Id. at 3-4. First LOI Response at 3. Second LOI Response at 5. Third LOI Response at 3. First LOI at 5. See Second LOI Response, Attachment 2. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.909(a). These models are set forth in note 10, above. 47 C.F.R. §§ 2.909(d) and 2.25(a)(1). The correct FCC ID number is the FCC ID number of the replacement internal radio assembly See
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  • this citation is punishable by fine or imprisonment under 18 U.S.C. § 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau Enclosure A ``radiofrequency device'' is defined as ``any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Monique Gibson, Registered Agent, HobbyTron.com (October 22, 2007) (``LOI''). See Gibson Tech Ed., Inc., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 14438 (Enf. Bur., Spectrum Enf. Div., 2005) (finding Gibson Tech Ed, Inc., d/b/a HobbyTron.com apparently liable for marketing unauthorized FM broadcast
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  • would cause substantial competitive harm. Id. at 3. Although we do not rule on Sennheiser's confidentiality request at this time, we will not disclose this information herein. Specifically, Sennheiser states that this device was marketed under the following three model numbers: SKM3072-U 470/600, SKM3072-U 574/702, and SKM3072-U 678/814. Id. at Attachment A. Id. at 2. Id. Id. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201. A certification is an equipment authorization issued by the
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  • 1-2. Id. See 47 C.F.R. § 97.301. LOI Response at 1. Iftron's website currently notes that units of the Stinger Pro available in the United States transmit on 2.414, 2.432, and 2.450 GHz, and that units that additionally transmit on 2.468 GHz are ``available elsewhere.'' See http://www.iftrontech.com/2.4GHz-Transmitters/c44/p100/Stinger-Pro-2.4GH z-500MW-AVD-Transmitter/product_info.html (last accessed June 23, 2009). LOI Response at 3. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.803(g). An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3(o). 47 C.F.R. § 15.201. A certification is an equipment authorization
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  • the following Broadcast Warehouse amplifiers as the modules that it incorporated into its own casing: the TX25-50 and the TX150-300. Id. Commission records indicate that these amplifiers were certified under two FCC Identification Numbers, as follows: (1) FCC ID TUOTX25-50 (TX25-50); and (2) FCC ID TUOTX150-300 (TX150-300). Id. See supra note 20 and accompanying text. 47 U.S.C. § 302a(a). Section 2.801(a)(1) of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy ....'' Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ``any part or component thereof which in use emits radiofrequency energy.'' 47 C.F.R. § § 2.801(a)(1) and (d). 47 C.F.R. §
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  • LOI''). See letter from Saber Yang, General Manager, LawMate Technology Co., Ltd. to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (``August 20 Response'') at 2. See letter from Saber Yang, General Manager, LawMate Technology Co., Ltd. to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (October 1, 2008) (``October 1 Response'') at 2. Id. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201. A certification is an equipment authorization issued by the
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  • further inquiry by the Division, R.F. Technologies produced test data to support its assertion that the device met Part 90 technical requirements. Id. at 2. R.F. Technologies notes that it did obtain an equipment authorization, and thus an FCC Identifier, during this period for a different portable transceiver. Id. Id. at 1-2. Id. Id. Id. at 4. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3 (o). 47 C.F.R. § 15.201(b); see also 47 C.F.R. §§ 2.1031-2.1060. LOI Response at
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  • August 29, 2008) (``LOI Response''). LOI Response at 1. Although Power 7 maintains that it was not aware of the requirement that it obtain a certification for the FM Cup Transmitter prior to marketing in the U.S., we note that it holds other FCC certifications and therefore was apparently familiar with the FCC equipment authorization requirements. Id. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Marketing, as defined in 47 C.F.R. § 2.803(e)(4), ``includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing
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  • Rules, a ``[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures.'' A ``[t]elevision program producer refers to a person or organization engaged in the production of television programs.'' 47 C.F.R § 74.801 47 C.F.R § 74.870. 47 C.F.R § 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R §§ 2.801 - 2.815. 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 U.S.C. §§ 154(i), 154(j), 403. See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. § 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
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  • Rules, a ``[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures.'' A ``[t]elevision program producer refers to a person or organization engaged in the production of television programs.'' 47 C.F.R § 74.801 47 C.F.R § 74.870. 47 C.F.R § 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R §§ 2.801 - 2.815. 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 U.S.C. §§ 154(i), 154(j), 403. See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. § 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
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  • Rules, a ``[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures.'' A ``[t]elevision program producer refers to a person or organization engaged in the production of television programs.'' 47 C.F.R § 74.801 47 C.F.R § 74.870. 47 C.F.R § 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R §§ 2.801 - 2.815. 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a)(1). 47 U.S.C. §§ 154(i), 154(j), 403. See 47 U.S.C. § 401, 501, 503; 47 C.F.R. § 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. § 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
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  • in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. § 15.3(i). Section 15.3(k) of the Rules defines a ``digital device'' as ``an unintentional radiator (device or system) that generates and uses timing signals or pulses at a rate in excess of 9,000 pulses (cycles) per second and uses digital techniques.'' 47 C.F.R. § 15.3(k). Section 2.801 of the Rules defines ``radio frequency device'' as ``any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. See Letter from Paul Tait, Marshall Amplification PLC, to Marlene K. Dortch, Secretary, Federal Communications Commission (July 28, 2010) (``LOI Response''). See id. at 4. See also 47 C.F.R. §
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  • PreSonus Audio Electronics, Inc. (July 12, 2010) (``LOI''). 47 C.F.R. § 2.803(a). Section 2.803(e)(4) of the Rules defines ``marketing'' as including the ``sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.'' 47 C.F.R. § 2.803(e)(4). Section 2.801 of the Rules defines ``radio frequency device'' as ``any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. 47 C.F.R. § 15.101(a). See 47 C.F.R. § 2.909(b), (c). Section 15.3(z) of the Rules defines ``unintentional radiator'' as ``a device that intentionally generates radio frequency energy for use within
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  • on the Request for Confidentiality. See 47 C.F.R. § 0.459(d)(3). LOI Response at 1, 6. Id. at 6. Id. Id. at 2. Id. Id. at 2. We note that this grant applies to devices manufactured and marketed by SmartLabs beginning June 3, 2010 and does not negate any equipment marketing violations by SmartLabs prior to that date. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' An intentional radiator is ``[a] device that intentionally generates and emits radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.3(o). 47 C.F.R. § 15.201(b). A certification is an equipment authorization issued by the Commission,
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  • Radio Collector (June 2, 2008). 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803. Section 2.803(e)(4) of the Rules defines ``marketing'' as the ``sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.'' 47 C.F.R. § 2.803(e)(4). Section 2.801 of the Rules defines ``radio frequency device'' as ``any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.801. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Richard Mann, Antique Radio Collector (Nov. 15, 2006). Appeal of Forfeiture Order, filed by Richard Mann d/b/a The
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  • the rules. Accordingly, we propose that manufactured SDRs that are designed to operate solely in amateur bands are exempt from the mandatory declaration and certification requirements, provided the equipment incorporates features in hardware to prevent operation outside of amateur bands. We seek comment on this proposal. At present there is a clear distinction between radio transmitter technology, regulated under Section 2.801(a) of our rules and various radio service rules, and personal computer technology, regulated in a much less restrictive way under Subpart B of Part 15 of our rules. However, increasing computer speeds and speeds of digital-to-analog converters (DAC) may well blur this distinction. A general purpose computer capable of outputting digital samples at rates in the million sample/seconds range or
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  • ensure that all of its digital devices marketed and sold in the United States are properly labeled and that the accompanying instruction manuals include the requisite information. Further, Behringer represented that ``[o]n a going-forward basis, [it] would ensure that the Commission's Form 740 is submitted for each radio frequency device, as defined in 47 U.S.C. § 302 and 47 C.F.R. §2.801, which is imported into the Customs territory of the United States.'' Subsequently, Behringer supplemented its LOI response with copies of test reports demonstrating compliance of 14 of its 66 models of digital devices with the Commission's conducted and radiated emission limits. However, further investigation by Bureau staff revealed that Behringer was continuing to market the remaining models of digital devices
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  • ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Austin Hughes Solutions Inc., 1636 Pacific Street, Union City, CA 94587. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. § 302a(b) and 47 C.F.R. § 2.803(a)(2). 47 U.S.C. § 302a. 47 C.F.R. § 2.801 defines a radio frequency device as ``any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' See 47 C.F.R. §§ 15.3(h) and 15.3(k). 47 C.F.R. § 15.101(a). Verification is a procedure where the manufacturer makes measurements or takes the necessary steps to insure that the equipment complies with the appropriate
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  • the importer, makes measurements or takes the necessary steps to ensure that the equipment complies with the appropriate technical standards. However, unlike the Declaration of Conformity procedure, it does not require that an accredited laboratory make the measurements or that a Declaration of Conformity be supplied with the equipment. 47 C.F.R. § 2.902(a). 47 C.F.R. § 2.803(e)(4). 47 C.F.R. § 2.801 defines a radio frequency device as ``any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.3(o) defines an intentional radiator as ``[a] device that intentionally generates radio frequency energy by radiation or induction.'' 47 C.F.R. § 15.204(d). Modification of Parts 2 and 15 of the Commission's
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  • that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Mr. Thad Disbrow, Ramko Distributors, Inc., 3840 LaGrange Street, Toledo, Ohio 43612. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. § 302a(b) and 47 C.F.R. § 2.803. 47 U.S.C. § 302a. 47 C.F.R. § 2.801 defines a radio frequency device as ``any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 2.927(a). 47 C.F.R. § 2.803(e)(4). 47 C.F.R. § 95.603(c). 47 C.F.R. § 95.655(a). 47 C.F.R. § 95.655(c). The ``10-meter'' band refers to the amateur service band from 28.0 - 29.7 MHz.
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  • Geosatellite LLC, SAT-LOA-19990108-00007, Public Notice, Policy Division Information, Actions Taken, Report No. SAT-00420, DA 07-617 (Int'l Bur. Feb. 9, 2007). See 47 C.F.R. § 25.222(a)(2). Sixth Report and Order and Third Further Notice, 20 FCC Rcd at 5610, ¶¶ 37-38. 47 C.F.R. §§ 25.222(a)(9), 1.1310. See 47 C.F.R. §§ 1.1307(b), 1.1310. 47 U.S.C. § 302. See 47 C.F.R. §§ 2.1201-2.1207, 2.801 et seq. Portable earth station transceivers are transceivers that are likely to be used within 20 centimeters of the operator's body. See 47 C.F.R. §§ 25.129, 25.149(c) (requiring certification for portable device earth station transceivers and small ancillary terrestrial component handheld terminals). General Dynamics identifies possible non-military applications for VMES systems, including ``satellite news gathering, weather services, mineral/fossil fuel exploration
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  • Division, Enforcement Bureau (May 18, 2006) (``NAL Response'') at 5-12. Vitec Group Communications Limited, Forfeiture Order, 21 FCC Rcd 12871, 12890 (Enf. Bur., Spectrum Enf. Div. 2006) Id. at 12891-92. Petition for Reconsideration at 6-12. Vitec Group Communications Limited, Memorandum Opinion and Order, 22 FCC Rcd 7396 , 7399-7401(Enf. Bur. 2007). Application for Review at 2-3, 7-13. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' Application for Review at 8. December 6, 2005 LOI Response at 3. NAL Response at 6-7, Exhibit A. NAL Response at 6-7; Petition for Reconsideration at 6-8; Application for Review at 8-10. Application for Review at
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  • available at http://licensing.fcc.gov/ibfsweb/ib.page.FetchAttachment?attachment_key= -143807. Boeing Comments at 31-32. See 47 C.F.R. § 25.134(h) (prohibiting VSAT operators from using remote earth stations in their networks that are not designed to stop transmissions when synchronization with the target satellite fails). See Appendix B, § 25.226(a)(9). NPRM, 22 FCC Rcd at 9681, ¶ 71. 47 U.S.C. § 302. See 47 C.F.R. §§ 2.1201-2.1207, 2.801 et seq. Portable earth station transceivers are those that are likely to be used within 20 centimeters of the body of the user or nearby persons. 47 C.F.R. §§ 25.129(b), 2.1093(b). SIA Comments at 22; Raysat Comments at 16; General Dynamics Comments at 58-60; ViaSat Reply at 23; Americom Comments at 1 (supports SIA Comments); Hughes Reply at 1 (endorses
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • that the rebuttable presumption approach would relieve employers of the need to field-test and identify whether their telephones are hearing aid compatible.217 This presumption can be rebutted, on a telephone-by-telephone basis, by any person legitimately on the premises who identifies a particular telephone as 213The Commission's equipment authorization and type acceptance rules for transmitting equipment are generally contained in Sections 2.801 through 2.1065 of the rules. 47 C.F.R. §§ 2.801- 2.1065. Separate type acceptance rules for transmitting equipment are also contained in each part of the Commission's rules applicable to the type of service being authorized. See, e.g., 47 C.F.R. §§ 22.120 and 24.51. 214See 47 C.F.R. § 25.104(b); Preemption of Local Zoning Regulations of Satellite Earth Stations, IB Docket No.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1701A1.html
  • Hawking Technologies, Inc. to Thomas Fitz-Gibbon, Attorney, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (January 17, 2005) (``LOI Response''). 10 LOI Response at 2. 11 Id at 3. 12 Id at 2. 13 47 C.F.R. 15.204(d)(2). 14 LOI Response at 3. 15 47 C.F.R. 15.19. 16 47 C.F.R. 2.925. 17 LOI Response at 3. 18 Id.. 19 47 C.F.R. 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 20 47 C.F.R. 15.3(o) defines an intentional radiator as ``A device that intentionally generates radio frequency energy by radiation or induction.'' 21 The packaging and user manual of the HSB1 include a notification that the amplifier
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2382A1.html
  • A. Leo to the Enforcement Bureau, Attention: Thomas Fitz-Gibbon. 9 A comparison of information from Hobbytron.com with information from Ramsey's website and catalog indicates that the ``R-FM25B- WT'' is apparently a fully assembled version of the Ramsey FM25B transmitter kit, while the ``R-FM100B-WT'' appears to be identical to the Ramsey FM100BWT fully assembled transmitter manufactured by Ramsey. 10 47 C.F.R. 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 11 47 C.F.R. 15.201(b). 12 Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM100BWT is an intentional radiator. 13 See New Image Electronics, 17 FCC
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  • to the Enforcement Bureau, Spectrum Enforcement Division, Attention: Thomas Fitz-Gibbon. 7 We note that Ramsey also manufactures and markets a professional 50 watt low power FM transmitter, model PX50, which is certified under FCC ID: PF3PX50. 8 47 C.F.R. 15.3(o) defines an intentional radiator as ``[a] device that intentionally generates radio frequency energy by radiation or induction.'' 9 47 C.F.R. 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 10 47 C.F.R. 15.201(b). 11 Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM35WT and FM100BWT are intentional radiators. 12 47 C.F.R. 2.807(b). 13 See
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1442A1.html
  • Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission to AboCom Systems, Inc. (March 2, 2006). See Letter from Eric Oh-Yang, Chairman & Chief Executive Officer, AboCom Systems, Inc., to Brett Greenwalt, Engineer, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (April 10, 2006) ("LOI Response"). Id., Exhibit B. 47 C.F.R. S 2.947(b) and (c). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." See 47 C.F.R. S 2.931. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ... means
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2229A1.html
  • Communications, Ltd., 21 FCC Rcd 4025 (Enf. Bur., Spectrum Enf. Div., 2006). Letter from Christopher D. Imlay, Esq. to Chief, Spectrum Enforcement Division, Enforcement Bureau (May 18, 2006) ("NAL response"). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). 47 U.S.C. S 503(b)(2)(D). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." NAL response, Exhibit B. Id. at pp. 6-7, Exhibit A. Id. at pp. 6-7. 47 U.S.C. S 503(b)(6)(B), which provides that "No forfeiture penalty shall be determined or imposed against any person under this subsection if
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2350A1.html
  • FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Communications Specialists, Inc., 426 West Taft Avenue, Orange, CA 92865-4296. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. S 302a(b). 47 C.F.R. S 2.803(a)(1). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.209. 47 C.F.R. S 15.231. An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S 15.3 (o). 47 C.F.R. S 15.201. A
• http://transition.fcc.gov/eb/Orders/2006/DA-06-853A1.html
  • Enforcement Bureau, Federal Communications Commission (January 17, 2005) ("LOI Response"). LOI Response at 2. Id at 3. Id at 2. Hawking Technologies, Inc., 20 FCC Rcd 10852 (Enf. Bur. 2005). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). 47 U.S.C. S 503(b)(2)(D). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.3(o) defines an intentional radiator as "A device that intentionally generates radio frequency energy by radiation or induction." Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures
• http://transition.fcc.gov/eb/Orders/2006/DA-06-861A1.html
  • # S30-CEL-TA (base station) for the Vitec CellCom 10 Digital Wireless Intercom. Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Clear-Com Communications Systems (February 13, 2006). See paragraph 4 supra. Letter from Christopher D. Imlay, Esq. to Kathryn S. Berthot and Thomas D. Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (March 2, 2006). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." See ACR Electronics, Inc., FCC 06-37 (released March 23, 2006) (imposing a forfeiture of $65,000 for advertising and displaying radio frequency devices prior to certification without the disclaimer notice specified in Section 2.803(c)). Section 312(f)(1) of
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
  • would ensure that all of its digital devices marketed and sold in the United States are properly labeled and that the accompanying instruction manuals include the requisite information.23 Further, Behringer represented that ``[o]n a going-forward basis, [it] would ensure that the Commission's Form 740 is submitted for each radio frequency device, as defined in 47 U.S.C. 302 and 47 C.F.R. 2.801, which is imported into the Customs territory of the United States.''24 8. Subsequently, Behringer supplemented its LOI response with copies of test reports demonstrating compliance of 14 of its 66 models of digital devices with the Commission's conducted and radiated emission limits.25 However, further investigation by Bureau staff revealed that Behringer was continuing to market the remaining models of digital
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1271A1.html
  • Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. S 302a(b). 47 C.F.R. S 2.803(a)(1). Letter from Kathy Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Richard Mann, Antique Radio Collector (November 15, 2006). Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 25, 2006). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.201(b). The term "kit" is defined in Section 15.3(p) as "[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1753A1.html
  • punishable by fine or imprisonment under 18 U.S.C. S 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau cc: Mitchell Lazarus, Esq. A "radiofrequency device" is defined as "any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S 2.801. Laird Telemedia is a trade name used by Tower. See Letter from Kathryn Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Laird Telemedia. (October 24, 2006). See Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 20, 2006). See Letter from Kathryn S. Berthot, Deputy
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1760A1.html
  • 12890. Id. at 12891-92. Petition for Reconsideration at 6-12. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. The 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). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." NAL response at 6-7, Exhibit A. NAL response at 6-7; Petition for Reconsideration at 6-8. NAL response at 7; Petition for Reconsideration at 7. Petition for Reconsideration at 8. See ACR Electronics, Inc., Notice of Apparent
• http://transition.fcc.gov/eb/Orders/2007/DA-07-299A1.html
  • 15.209. An "unintentional radiator" is defined by Section 15.3(z) of the Rules, 47 C.F.R. S 15.3(z), as: [a] device that intentionally generates radio frequency energy for use within the device, or that sends radio frequency signals by conduction to associated equipment via connecting wiring, but which is not intended to emit RF energy by radiation or induction. 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." Section 2.1(c) of the Rules, 47 C.F.R. S 2.1(c), defines a spurious emission as "[e]mission on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4374A1.html
  • of certain information in its response concerning the number of units of the device that were distributed and the entities to whom the devices were distributed, asserting that this information constitutes commercial information and trade secrets and that release of this information could cause substantial competitive harm. We grant MRC's request and accord this information confidential treatment. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." Although Section 90.1205(c) of the Rules, 47 C.F.R. S: 90.1205(c), prohibits aeronautical operation in the 4.9 GHz band, the Wireless Telecommunications Bureau has granted waivers to licensees to use this band for aeronautical use subject to
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4570A1.html
  • 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, to L. P. Ryan, Low Power Radio (May 30, 2007). Letter from Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio to Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (received July 2, 2007). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 15.201(b). The term "kit" is defined in Section 15.3(p) as "[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4716A1.html
  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801(a)(1) of the Rules defines a radio frequency device as "any device which in its operation is capable of emitting radio frequency energy ...." Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and "any part or component thereof which in use emits radiofrequency energy." Section 15.201(b) of the Rules requires intentional radiators to be
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-209A1.html
  • ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Austin Hughes Solutions Inc., 1636 Pacific Street, Union City, CA 94587. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 302a(b) and 47 C.F.R. S: 2.803(a)(2). 47 U.S.C. S: 302a. 47 C.F.R. S: 2.801 defines a radio frequency device as "any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." See 47 C.F.R. S:S: 15.3(h) and 15.3(k). 47 C.F.R. S: 15.101(a). Verification is a procedure where the manufacturer makes measurements or takes the necessary steps to insure that the equipment complies with the appropriate
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-45A1.html
  • the importer, makes measurements or takes the necessary steps to ensure that the equipment complies with the appropriate technical standards. However, unlike the Declaration of Conformity procedure, it does not require that an accredited laboratory make the measurements or that a Declaration of Conformity be supplied with the equipment. 47 C.F.R. S 2.902(a). 47 C.F.R. S 2.803(e)(4). 47 C.F.R. S 2.801 defines a radio frequency device as "any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.3(o) defines an intentional radiator as "[a] device that intentionally generates radio frequency energy by radiation or induction." 47 C.F.R. S 15.204(d). Modification of Parts 2 and 15 of the Commission's
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-49A1.html
  • that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Mr. Thad Disbrow, Ramko Distributors, Inc., 3840 LaGrange Street, Toledo, Ohio 43612. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S 302a(b) and 47 C.F.R. S 2.803. 47 U.S.C. S 302a. 47 C.F.R. S 2.801 defines a radio frequency device as "any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S 2.927(a). 47 C.F.R. S 2.803(e)(4). 47 C.F.R. S 95.603(c). 47 C.F.R. S 95.655(a). 47 C.F.R. S 95.655(c). The "10-meter" band refers to the amateur service band from 28.0 - 29.7 MHz.
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1299A1.html
  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801 of the Rules defines a radio frequency device as "any device which in its operation is capable of emitting radio frequency energy ...." Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and "[a]ny part or component thereof which in use emits radiofrequency energy...." Section 15.201(b) of the Rules requires intentional radiators to be
• http://transition.fcc.gov/eb/Orders/2008/DA-08-167A1.html
  • 5. Id. at 3. Id. at 3. First LOI Response at 13. Second LOI Response at 6. First LOI Response at 8 - 9. First LOI Response at 12. LOI at 1. See First LOI Response, Exhibit 11; Second LOI Response, Exhibit 2. First LOI Response at 11. 47 C.F.R. S: 2.909. Second LOI Response at 7. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.909(a). 47 C.F.R. S: 2.909(d). First LOI Response at 8 - 9. 47 C.F.R. S: 2.925(a)(1). See Unlicensed Modular Transmitter Approval, Public Notice, 15 FCC Rcd 25415 (OET 2000). These include the modifications
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1951A1.html
  • this case had been taken out of service by March 31, 2007. Thus, any violation of Section 90.210 (emission masking) of the Rules occurred outside the applicable statute of limitations, i.e., one year prior to the release of this NAL. Id. at 2-3. See also supra note 12. Id. Id. at 3. Id. 47 U.S.C. S: 302(b). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.803(c). See ACR Electronics, Inc., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 22293, 22299 (2004); forfeiture ordered, 21 FCC Rcd 3698 (2006). See 47 C.F.R. S: 2.803(e). Id. See http://www.leetekorea.com/shopping/product.php?Ct_1=transmitter (last
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1952A1.html
  • Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (March 10, 2008) ("Fourth LOI Response"). See Letter from Ian A. Volner and Ronald E. Quirk, Jr., Counsel for Data Capture Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (May 8, 2008) ("Fifth LOI Response"). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.909(a). See Ryzex, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 878, 881 (Enf. Bur., Spectrum Enf. Div. 2008) ("Ryzex"), response pending; DBK Concepts, Inc., Notice of Apparent Liability for Forfeiture,
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2042A1.html
  • dB =10 log (X mW/1000 mW), where X equals a maximum power of 500 mW). See LOI Response at 5. See LOI Response at 5. Id. Id. Id. at 4. 47 U.S.C. S: 302a(b). A "radiofrequency device" is "any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. 47 C.F.R. S: 2.803(a)(1). An "intentional radiator" is "any device that intentionally generates radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3(o). 47 C.F.R. S: 15.201(b). Section 2.803(e)(4) of the Rules, 47 C.F.R. S: 2.803(e)(4), defines "marketing" as the "sale or lease, or offering to sale or lease, including advertising for sale or lease, or importation, shipment or
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2673A1.html
  • Patricia Sharma, President, Multi-Tech Systems, Inc. (June 16, 2008) ("LOI"). See Letter from Jeff Davis, Vice-President of Engineering, Multi-Tech Systems, Inc., to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (July 8, 2008) ("LOI Response"). See LOI Response at 1. See LOI Response at 1. See id. See id.; see also 47 C.F.R. S: 15.105(a). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." LOI Response at 1. Id. Id. Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for
• http://transition.fcc.gov/eb/Orders/2008/DA-08-472A1.html
  • Fourth LOI Response at 2-3. Id. at 2-3. Id. at 3. Id. at 2-3. First LOI Response at 5, Second LOI Response at 3. Third LOI Response at 2. Id. at 3-4. First LOI Response at 3. Second LOI Response at 5. Third LOI Response at 3. First LOI at 5. See Second LOI Response, Attachment 2. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.909(a). These models are set forth in note 10, above. 47 C.F.R. S:S: 2.909(d) and 2.25(a)(1). The correct FCC ID number is the FCC ID number of the replacement internal radio assembly See
• http://transition.fcc.gov/eb/Orders/2008/DA-08-74A1.html
  • this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau Enclosure A "radiofrequency device" is defined as "any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Monique Gibson, Registered Agent, HobbyTron.com (October 22, 2007) ("LOI"). See Gibson Tech Ed., Inc., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 14438 (Enf. Bur., Spectrum Enf. Div., 2005) (finding Gibson Tech Ed, Inc., d/b/a HobbyTron.com apparently liable for marketing unauthorized FM broadcast
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1031A1.html
  • would cause substantial competitive harm. Id. at 3. Although we do not rule on Sennheiser's confidentiality request at this time, we will not disclose this information herein. Specifically, Sennheiser states that this device was marketed under the following three model numbers: SKM3072-U 470/600, SKM3072-U 574/702, and SKM3072-U 678/814. Id. at Attachment A. Id. at 2. Id. Id. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3 (o). 47 C.F.R. S: 15.201. A certification is an equipment authorization issued by the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1428A1.html
  • 1-2. Id. See 47 C.F.R. S: 97.301. LOI Response at 1. Iftron's website currently notes that units of the Stinger Pro available in the United States transmit on 2.414, 2.432, and 2.450 GHz, and that units that additionally transmit on 2.468 GHz are "available elsewhere." See http://www.iftrontech.com/2.4GHz-Transmitters/c44/p100/Stinger-Pro-2.4GHz-50 0MW-AVD-Transmitter/product_info.html (last accessed June 23, 2009). LOI Response at 3. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.803(g). An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3(o). 47 C.F.R. S: 15.201. A certification is an equipment authorization
• http://transition.fcc.gov/eb/Orders/2009/DA-09-146A1.html
  • Division, Enforcement Bureau, Federal Communications Commission (November 24, 2008) ("Third LOI Response"). See Letter from David L Renaud, Vice President, Corporate Affairs, and General Counsel, Proxim Wireless Corporation. to Neal McNeil, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Thomas D. Fitz-Gibbon, Esq., Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 24, 2008). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.925(a)(1). Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose
• http://transition.fcc.gov/eb/Orders/2009/DA-09-147A1.html
  • to Chris Rea, Inter Tech FM (November 24, 2008) ("Third LOI"). See Letter from Chris Rea, Inter Tech FM to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (July 23, 2008) ("Second Response"). Id. at 2. See Third LOI at 2. See also supra para. 2. See Third Response at 1. 47 U.S.C. S: 302a(a). Section 2.801(a)(1) of the Rules defines a radio frequency device as "any device which in its operation is capable of emitting radio frequency energy... ." Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and "any part or component thereof which in use emits radiofrequency energy." 47 C.F.R. S: S: 2.801(a)(1) and (d). 47 C.F.R. S:
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1513A1.html
  • the following Broadcast Warehouse amplifiers as the modules that it incorporated into its own casing: the TX25-50 and the TX150-300. Id. Commission records indicate that these amplifiers were certified under two FCC Identification Numbers, as follows: (1) FCC ID TUOTX25-50 (TX25-50); and (2) FCC ID TUOTX150-300 (TX150-300). Id. See supra note 20 and accompanying text. 47 U.S.C. S: 302a(a). Section 2.801(a)(1) of the Rules defines a radio frequency device as "any device which in its operation is capable of emitting radio frequency energy ...." Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and "any part or component thereof which in use emits radiofrequency energy." 47 C.F.R. S: S: 2.801(a)(1) and (d). 47 C.F.R. S:
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1535A1.html
  • LOI"). See letter from Saber Yang, General Manager, LawMate Technology Co., Ltd. to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau ("August 20 Response") at 2. See letter from Saber Yang, General Manager, LawMate Technology Co., Ltd. to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (October 1, 2008) ("October 1 Response") at 2. Id. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3 (o). 47 C.F.R. S: 15.201. A certification is an equipment authorization issued by the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2383A1.html
  • further inquiry by the Division, R.F. Technologies produced test data to support its assertion that the device met Part 90 technical requirements. Id. at 2. R.F. Technologies notes that it did obtain an equipment authorization, and thus an FCC Identifier, during this period for a different portable transceiver. Id. Id. at 1-2. Id. Id. Id. at 4. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3 (o). 47 C.F.R. S: 15.201(b); see also 47 C.F.R. S:S: 2.1031-2.1060. LOI Response at
• http://transition.fcc.gov/eb/Orders/2009/DA-09-253A1.html
  • August 29, 2008) ("LOI Response"). LOI Response at 1. Although Power 7 maintains that it was not aware of the requirement that it obtain a certification for the FM Cup Transmitter prior to marketing in the U.S., we note that it holds other FCC certifications and therefore was apparently familiar with the FCC equipment authorization requirements. Id. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing
• http://transition.fcc.gov/eb/Orders/2010/DA-10-2187A1.html
  • Rules, a "[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures." A "[t]elevision program producer refers to a person or organization engaged in the production of television programs." 47 C.F.R S: 74.801 47 C.F.R S: 74.870. 47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S: 2.801 - 2.815. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S:S: 154(i), 154(j), 403. See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
• http://transition.fcc.gov/eb/Orders/2010/DA-10-2188A1.html
  • Rules, a "[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures." A "[t]elevision program producer refers to a person or organization engaged in the production of television programs." 47 C.F.R S: 74.801 47 C.F.R S: 74.870. 47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S: 2.801 - 2.815. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S:S: 154(i), 154(j), 403. See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
• http://transition.fcc.gov/eb/Orders/2010/DA-10-2189A1.html
  • Rules, a "[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures." A "[t]elevision program producer refers to a person or organization engaged in the production of television programs." 47 C.F.R S: 74.801 47 C.F.R S: 74.870. 47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S: 2.801 - 2.815. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S:S: 154(i), 154(j), 403. See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1468A1.html
  • in a residential environment notwithstanding use in commercial, business and industrial environments." 47 C.F.R. S: 15.3(i). Section 15.3(k) of the Rules defines a "digital device" as "an unintentional radiator (device or system) that generates and uses timing signals or pulses at a rate in excess of 9,000 pulses (cycles) per second and uses digital techniques." 47 C.F.R. S: 15.3(k). Section 2.801 of the Rules defines "radio frequency device" as "any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. See Letter from Paul Tait, Marshall Amplification PLC, to Marlene K. Dortch, Secretary, Federal Communications Commission (July 28, 2010) ("LOI Response"). See id. at 4. See also 47 C.F.R. S:
• http://transition.fcc.gov/eb/Orders/2011/DA-11-754A1.html
  • PreSonus Audio Electronics, Inc. (July 12, 2010) ("LOI"). 47 C.F.R. S: 2.803(a). Section 2.803(e)(4) of the Rules defines "marketing" as including the "sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4). Section 2.801 of the Rules defines "radio frequency device" as "any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. 47 C.F.R. S: 15.101(a). See 47 C.F.R. S: 2.909(b), (c). Section 15.3(z) of the Rules defines "unintentional radiator" as "a device that intentionally generates radio frequency energy for use within
• http://transition.fcc.gov/eb/Orders/2011/DA-11-976A1.html
  • on the Request for Confidentiality. See 47 C.F.R. S: 0.459(d)(3). LOI Response at 1, 6. Id. at 6. Id. Id. at 2. Id. Id. at 2. We note that this grant applies to devices manufactured and marketed by SmartLabs beginning June 3, 2010 and does not negate any equipment marketing violations by SmartLabs prior to that date. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3(o). 47 C.F.R. S: 15.201(b). A certification is an equipment authorization issued by the Commission,
• http://transition.fcc.gov/eb/Orders/2012/DA-12-574A1.html
  • Radio Collector (June 2, 2008). 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803. Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4). Section 2.801 of the Rules defines "radio frequency device" as "any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Richard Mann, Antique Radio Collector (Nov. 15, 2006). Appeal of Forfeiture Order, filed by Richard Mann d/b/a The
• http://transition.fcc.gov/eb/Orders/da00475.doc http://transition.fcc.gov/eb/Orders/da00475.html http://transition.fcc.gov/eb/Orders/da00475.txt
  • 6. Both the Act and the Rules prohibit the sale or offer for sale of radio frequency devices, as well as the shipment or distribution for the purpose of selling such devices, unless the device has first been properly authorized, identified and labeled in accordance with the Commission's Rules. See 47 U.S.C. § 302(b), and 47 C.F.R. § 2.803(a)(1). Section 2.801 of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy...'' (Emphasis added.) Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices, and ``any part or component thereof which in use emits radiofrequency energy.'' See 47 C.F.R. § 2.801(a) and (d). Although Mr.
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
  • 9.05 9.05 23.0015.0015.00 January 15, 1937 0.200.200.20 0.350.350.35 1.051.051.05 1.551.051.05 2.551.55 1.55 3.602.10 2.10 6.554.004.00 12.75 8.10 8.10 23.0014.9514.95 May 1, 1940 0.200.200.20 0.350.350.35 1.051.051.05 1.551.051.05 2.551.55 1.55 3.602.10 2.10 6.004.004.00 10.00 6.55 6.55 13.1010.0010.00 July 10, 1941 0.200.200.20 0.350.350.35 1.051.051.05 1.551.051.05 2.551.55 1.55 3.502.10 2.10 5.504.004.00 9.55 6.55 6.55 13.1010.0010.00 February 15, 1943 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 7.80 5.50 5.50 11.00 8.25 8.25 July 1, 1945 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 6.15 4.95 4.95 6.70 5.50 5.50 February 1, 1946 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 5.55 4.45 4.45 6.70 5.50 5.50 March 1, 1952 0.250.250.25 0.500.500.50 1.051.051.05 1.251.051.05 2.201.20 1.20 2.801.75 1.75 3.952.852.85 5.55 4.45 4.45 6.70
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
  • 9.05 9.05 23.0015.0015.00 January 15, 1937 0.200.200.20 0.350.350.35 1.051.051.05 1.551.051.05 2.551.55 1.55 3.602.10 2.10 6.554.004.00 12.75 8.10 8.10 23.0014.9514.95 May 1, 1940 0.200.200.20 0.350.350.35 1.051.051.05 1.551.051.05 2.551.55 1.55 3.602.10 2.10 6.004.004.00 10.00 6.55 6.55 13.1010.0010.00 July 10, 1941 0.200.200.20 0.350.350.35 1.051.051.05 1.551.051.05 2.551.55 1.55 3.502.10 2.10 5.504.004.00 9.55 6.55 6.55 13.1010.0010.00 February 15, 1943 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 7.80 5.50 5.50 11.00 8.25 8.25 July 1, 1945 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 6.15 4.95 4.95 6.70 5.50 5.50 February 1, 1946 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 5.55 4.45 4.45 6.70 5.50 5.50 March 1, 1952 0.250.250.25 0.500.500.50 1.051.051.05 1.251.051.05 2.201.20 1.20 2.801.75 1.75 3.952.852.85 5.55 4.45 4.45 6.70
• http://www.fcc.gov/Bureaus/Compliance/Orders/1999/fcc99326.doc
  • see 5 U.S.C. § 801(a)(1)(A). In addition, the Commission will send a copy of the Second Report and Order, including FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the Second Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C. § 604(b). 47 C.F.R. §§2.801-2.815 Report and Order, Amendment of Part 2 With Respect to Importation of Certain Electronic Equipment, 59 FCC Rcd 2d 1083 (1976). The 1976 Report and Order adopted the original importation requirements. 47 C.F.R § 2.1203(a) Report and Order, Amendment of Part 2 of the Rules Concerning the Importation of Radio Frequency Devices Capable of Causing Harmful Interference, 6 FCC Rcd
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000475.doc
  • 6. Both the Act and the Rules prohibit the sale or offer for sale of radio frequency devices, as well as the shipment or distribution for the purpose of selling such devices, unless the device has first been properly authorized, identified and labeled in accordance with the Commission's Rules. See 47 U.S.C. § 302(b), and 47 C.F.R. § 2.803(a)(1). Section 2.801 of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy...'' (Emphasis added.) Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices, and ``any part or component thereof which in use emits radiofrequency energy.'' See 47 C.F.R. § 2.801(a) and (d). Although Mr.
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • that the rebuttable presumption approach would relieve employers of the need to field-test and identify whether their telephones are hearing aid compatible.217 This presumption can be rebutted, on a telephone-by-telephone basis, by any person legitimately on the premises who identifies a particular telephone as 213The Commission's equipment authorization and type acceptance rules for transmitting equipment are generally contained in Sections 2.801 through 2.1065 of the rules. 47 C.F.R. §§ 2.801- 2.1065. Separate type acceptance rules for transmitting equipment are also contained in each part of the Commission's rules applicable to the type of service being authorized. See, e.g., 47 C.F.R. §§ 22.120 and 24.51. 214See 47 C.F.R. § 25.104(b); Preemption of Local Zoning Regulations of Satellite Earth Stations, IB Docket No.
• http://www.fcc.gov/Forms/Form740/740.pdf
  • i.e., New York City, NY 1001. 2.Harmonized Tariff Number ­ Harmonized Tariff Schedule of the United States. 3.This quantity must be total number of items, not number of containers. FCC Form 740 March 2004 INSTRUCTIONS FOR COMPLETION OF FCC FORM 740 This form must be completed for each radio frequency device, as defined in 47 U.S.C. 302 and 47 C.F.R. 2.801, which is imported into the Customs territory of the United States. The original shall be filed with the U.S Customs Service on or before the date the shipment is delivered to a U.S. port of entry. The completed form must accompany each such entry. The following are typical examples of devices that require the use of FCC Form 740: radio
• http://www.fcc.gov/eb/Orders/2005/DA-05-1701A1.html
  • Hawking Technologies, Inc. to Thomas Fitz-Gibbon, Attorney, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (January 17, 2005) (``LOI Response''). 10 LOI Response at 2. 11 Id at 3. 12 Id at 2. 13 47 C.F.R. 15.204(d)(2). 14 LOI Response at 3. 15 47 C.F.R. 15.19. 16 47 C.F.R. 2.925. 17 LOI Response at 3. 18 Id.. 19 47 C.F.R. 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 20 47 C.F.R. 15.3(o) defines an intentional radiator as ``A device that intentionally generates radio frequency energy by radiation or induction.'' 21 The packaging and user manual of the HSB1 include a notification that the amplifier
• http://www.fcc.gov/eb/Orders/2005/DA-05-2382A1.html
  • A. Leo to the Enforcement Bureau, Attention: Thomas Fitz-Gibbon. 9 A comparison of information from Hobbytron.com with information from Ramsey's website and catalog indicates that the ``R-FM25B- WT'' is apparently a fully assembled version of the Ramsey FM25B transmitter kit, while the ``R-FM100B-WT'' appears to be identical to the Ramsey FM100BWT fully assembled transmitter manufactured by Ramsey. 10 47 C.F.R. 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 11 47 C.F.R. 15.201(b). 12 Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM100BWT is an intentional radiator. 13 See New Image Electronics, 17 FCC
• http://www.fcc.gov/eb/Orders/2006/DA-06-136A1.html
  • to the Enforcement Bureau, Spectrum Enforcement Division, Attention: Thomas Fitz-Gibbon. 7 We note that Ramsey also manufactures and markets a professional 50 watt low power FM transmitter, model PX50, which is certified under FCC ID: PF3PX50. 8 47 C.F.R. 15.3(o) defines an intentional radiator as ``[a] device that intentionally generates radio frequency energy by radiation or induction.'' 9 47 C.F.R. 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 10 47 C.F.R. 15.201(b). 11 Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM35WT and FM100BWT are intentional radiators. 12 47 C.F.R. 2.807(b). 13 See
• http://www.fcc.gov/eb/Orders/2006/DA-06-1442A1.html
  • Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission to AboCom Systems, Inc. (March 2, 2006). See Letter from Eric Oh-Yang, Chairman & Chief Executive Officer, AboCom Systems, Inc., to Brett Greenwalt, Engineer, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (April 10, 2006) ("LOI Response"). Id., Exhibit B. 47 C.F.R. S 2.947(b) and (c). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." See 47 C.F.R. S 2.931. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ... means
• http://www.fcc.gov/eb/Orders/2006/DA-06-2229A1.html
  • Communications, Ltd., 21 FCC Rcd 4025 (Enf. Bur., Spectrum Enf. Div., 2006). Letter from Christopher D. Imlay, Esq. to Chief, Spectrum Enforcement Division, Enforcement Bureau (May 18, 2006) ("NAL response"). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). 47 U.S.C. S 503(b)(2)(D). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." NAL response, Exhibit B. Id. at pp. 6-7, Exhibit A. Id. at pp. 6-7. 47 U.S.C. S 503(b)(6)(B), which provides that "No forfeiture penalty shall be determined or imposed against any person under this subsection if
• http://www.fcc.gov/eb/Orders/2006/DA-06-2350A1.html
  • FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Communications Specialists, Inc., 426 West Taft Avenue, Orange, CA 92865-4296. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. S 302a(b). 47 C.F.R. S 2.803(a)(1). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.209. 47 C.F.R. S 15.231. An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S 15.3 (o). 47 C.F.R. S 15.201. A
• http://www.fcc.gov/eb/Orders/2006/DA-06-853A1.html
  • Enforcement Bureau, Federal Communications Commission (January 17, 2005) ("LOI Response"). LOI Response at 2. Id at 3. Id at 2. Hawking Technologies, Inc., 20 FCC Rcd 10852 (Enf. Bur. 2005). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). 47 U.S.C. S 503(b)(2)(D). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.3(o) defines an intentional radiator as "A device that intentionally generates radio frequency energy by radiation or induction." Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures
• http://www.fcc.gov/eb/Orders/2006/DA-06-861A1.html
  • # S30-CEL-TA (base station) for the Vitec CellCom 10 Digital Wireless Intercom. Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Clear-Com Communications Systems (February 13, 2006). See paragraph 4 supra. Letter from Christopher D. Imlay, Esq. to Kathryn S. Berthot and Thomas D. Fitz-Gibbon, Spectrum Enforcement Division, Enforcement Bureau (March 2, 2006). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." See ACR Electronics, Inc., FCC 06-37 (released March 23, 2006) (imposing a forfeiture of $65,000 for advertising and displaying radio frequency devices prior to certification without the disclaimer notice specified in Section 2.803(c)). Section 312(f)(1) of
• http://www.fcc.gov/eb/Orders/2006/FCC-06-13A1.html
  • would ensure that all of its digital devices marketed and sold in the United States are properly labeled and that the accompanying instruction manuals include the requisite information.23 Further, Behringer represented that ``[o]n a going-forward basis, [it] would ensure that the Commission's Form 740 is submitted for each radio frequency device, as defined in 47 U.S.C. 302 and 47 C.F.R. 2.801, which is imported into the Customs territory of the United States.''24 8. Subsequently, Behringer supplemented its LOI response with copies of test reports demonstrating compliance of 14 of its 66 models of digital devices with the Commission's conducted and radiated emission limits.25 However, further investigation by Bureau staff revealed that Behringer was continuing to market the remaining models of digital
• http://www.fcc.gov/eb/Orders/2007/DA-07-1271A1.html
  • Chief, Spectrum Enforcement Division Enforcement Bureau 47 U.S.C. S 302a(b). 47 C.F.R. S 2.803(a)(1). Letter from Kathy Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Richard Mann, Antique Radio Collector (November 15, 2006). Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 25, 2006). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.201(b). The term "kit" is defined in Section 15.3(p) as "[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
• http://www.fcc.gov/eb/Orders/2007/DA-07-1753A1.html
  • punishable by fine or imprisonment under 18 U.S.C. S 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau cc: Mitchell Lazarus, Esq. A "radiofrequency device" is defined as "any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S 2.801. Laird Telemedia is a trade name used by Tower. See Letter from Kathryn Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Laird Telemedia. (October 24, 2006). See Letter from Mitchell Lazarus, Esq., to Thomas D. Fitz-Gibbon, Attorney Advisor, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 20, 2006). See Letter from Kathryn S. Berthot, Deputy
• http://www.fcc.gov/eb/Orders/2007/DA-07-1760A1.html
  • 12890. Id. at 12891-92. Petition for Reconsideration at 6-12. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. The 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). 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." NAL response at 6-7, Exhibit A. NAL response at 6-7; Petition for Reconsideration at 6-8. NAL response at 7; Petition for Reconsideration at 7. Petition for Reconsideration at 8. See ACR Electronics, Inc., Notice of Apparent
• http://www.fcc.gov/eb/Orders/2007/DA-07-299A1.html
  • 15.209. An "unintentional radiator" is defined by Section 15.3(z) of the Rules, 47 C.F.R. S 15.3(z), as: [a] device that intentionally generates radio frequency energy for use within the device, or that sends radio frequency signals by conduction to associated equipment via connecting wiring, but which is not intended to emit RF energy by radiation or induction. 47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." Section 2.1(c) of the Rules, 47 C.F.R. S 2.1(c), defines a spurious emission as "[e]mission on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting
• http://www.fcc.gov/eb/Orders/2007/DA-07-4374A1.html
  • of certain information in its response concerning the number of units of the device that were distributed and the entities to whom the devices were distributed, asserting that this information constitutes commercial information and trade secrets and that release of this information could cause substantial competitive harm. We grant MRC's request and accord this information confidential treatment. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." Although Section 90.1205(c) of the Rules, 47 C.F.R. S: 90.1205(c), prohibits aeronautical operation in the 4.9 GHz band, the Wireless Telecommunications Bureau has granted waivers to licensees to use this band for aeronautical use subject to
• http://www.fcc.gov/eb/Orders/2007/DA-07-4570A1.html
  • 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, to L. P. Ryan, Low Power Radio (May 30, 2007). Letter from Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio to Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (received July 2, 2007). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 15.201(b). The term "kit" is defined in Section 15.3(p) as "[a]ny number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results
• http://www.fcc.gov/eb/Orders/2007/DA-07-4716A1.html
  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801(a)(1) of the Rules defines a radio frequency device as "any device which in its operation is capable of emitting radio frequency energy ...." Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and "any part or component thereof which in use emits radiofrequency energy." Section 15.201(b) of the Rules requires intentional radiators to be
• http://www.fcc.gov/eb/Orders/2007/FCC-07-209A1.html
  • ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Austin Hughes Solutions Inc., 1636 Pacific Street, Union City, CA 94587. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 302a(b) and 47 C.F.R. S: 2.803(a)(2). 47 U.S.C. S: 302a. 47 C.F.R. S: 2.801 defines a radio frequency device as "any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." See 47 C.F.R. S:S: 15.3(h) and 15.3(k). 47 C.F.R. S: 15.101(a). Verification is a procedure where the manufacturer makes measurements or takes the necessary steps to insure that the equipment complies with the appropriate
• http://www.fcc.gov/eb/Orders/2007/FCC-07-45A1.html
  • the importer, makes measurements or takes the necessary steps to ensure that the equipment complies with the appropriate technical standards. However, unlike the Declaration of Conformity procedure, it does not require that an accredited laboratory make the measurements or that a Declaration of Conformity be supplied with the equipment. 47 C.F.R. S 2.902(a). 47 C.F.R. S 2.803(e)(4). 47 C.F.R. S 2.801 defines a radio frequency device as "any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S 15.3(o) defines an intentional radiator as "[a] device that intentionally generates radio frequency energy by radiation or induction." 47 C.F.R. S 15.204(d). Modification of Parts 2 and 15 of the Commission's
• http://www.fcc.gov/eb/Orders/2007/FCC-07-49A1.html
  • that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Mr. Thad Disbrow, Ramko Distributors, Inc., 3840 LaGrange Street, Toledo, Ohio 43612. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S 302a(b) and 47 C.F.R. S 2.803. 47 U.S.C. S 302a. 47 C.F.R. S 2.801 defines a radio frequency device as "any device which in it its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S 2.927(a). 47 C.F.R. S 2.803(e)(4). 47 C.F.R. S 95.603(c). 47 C.F.R. S 95.655(a). 47 C.F.R. S 95.655(c). The "10-meter" band refers to the amateur service band from 28.0 - 29.7 MHz.
• http://www.fcc.gov/eb/Orders/2008/DA-08-1299A1.html
  • the Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801 of the Rules defines a radio frequency device as "any device which in its operation is capable of emitting radio frequency energy ...." Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and "[a]ny part or component thereof which in use emits radiofrequency energy...." Section 15.201(b) of the Rules requires intentional radiators to be
• http://www.fcc.gov/eb/Orders/2008/DA-08-167A1.html
  • 5. Id. at 3. Id. at 3. First LOI Response at 13. Second LOI Response at 6. First LOI Response at 8 - 9. First LOI Response at 12. LOI at 1. See First LOI Response, Exhibit 11; Second LOI Response, Exhibit 2. First LOI Response at 11. 47 C.F.R. S: 2.909. Second LOI Response at 7. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.909(a). 47 C.F.R. S: 2.909(d). First LOI Response at 8 - 9. 47 C.F.R. S: 2.925(a)(1). See Unlicensed Modular Transmitter Approval, Public Notice, 15 FCC Rcd 25415 (OET 2000). These include the modifications
• http://www.fcc.gov/eb/Orders/2008/DA-08-1951A1.html
  • this case had been taken out of service by March 31, 2007. Thus, any violation of Section 90.210 (emission masking) of the Rules occurred outside the applicable statute of limitations, i.e., one year prior to the release of this NAL. Id. at 2-3. See also supra note 12. Id. Id. at 3. Id. 47 U.S.C. S: 302(b). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.803(c). See ACR Electronics, Inc., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 22293, 22299 (2004); forfeiture ordered, 21 FCC Rcd 3698 (2006). See 47 C.F.R. S: 2.803(e). Id. See http://www.leetekorea.com/shopping/product.php?Ct_1=transmitter (last
• http://www.fcc.gov/eb/Orders/2008/DA-08-1952A1.html
  • Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (March 10, 2008) ("Fourth LOI Response"). See Letter from Ian A. Volner and Ronald E. Quirk, Jr., Counsel for Data Capture Solutions, Inc., to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (May 8, 2008) ("Fifth LOI Response"). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.909(a). See Ryzex, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 878, 881 (Enf. Bur., Spectrum Enf. Div. 2008) ("Ryzex"), response pending; DBK Concepts, Inc., Notice of Apparent Liability for Forfeiture,
• http://www.fcc.gov/eb/Orders/2008/DA-08-2042A1.html
  • dB =10 log (X mW/1000 mW), where X equals a maximum power of 500 mW). See LOI Response at 5. See LOI Response at 5. Id. Id. Id. at 4. 47 U.S.C. S: 302a(b). A "radiofrequency device" is "any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. 47 C.F.R. S: 2.803(a)(1). An "intentional radiator" is "any device that intentionally generates radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3(o). 47 C.F.R. S: 15.201(b). Section 2.803(e)(4) of the Rules, 47 C.F.R. S: 2.803(e)(4), defines "marketing" as the "sale or lease, or offering to sale or lease, including advertising for sale or lease, or importation, shipment or
• http://www.fcc.gov/eb/Orders/2008/DA-08-2673A1.html
  • Patricia Sharma, President, Multi-Tech Systems, Inc. (June 16, 2008) ("LOI"). See Letter from Jeff Davis, Vice-President of Engineering, Multi-Tech Systems, Inc., to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (July 8, 2008) ("LOI Response"). See LOI Response at 1. See LOI Response at 1. See id. See id.; see also 47 C.F.R. S: 15.105(a). 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." LOI Response at 1. Id. Id. Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for
• http://www.fcc.gov/eb/Orders/2008/DA-08-472A1.html
  • Fourth LOI Response at 2-3. Id. at 2-3. Id. at 3. Id. at 2-3. First LOI Response at 5, Second LOI Response at 3. Third LOI Response at 2. Id. at 3-4. First LOI Response at 3. Second LOI Response at 5. Third LOI Response at 3. First LOI at 5. See Second LOI Response, Attachment 2. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.909(a). These models are set forth in note 10, above. 47 C.F.R. S:S: 2.909(d) and 2.25(a)(1). The correct FCC ID number is the FCC ID number of the replacement internal radio assembly See
• http://www.fcc.gov/eb/Orders/2008/DA-08-74A1.html
  • this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau Enclosure A "radiofrequency device" is defined as "any device which in its operation is capable of emitting radio frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to Monique Gibson, Registered Agent, HobbyTron.com (October 22, 2007) ("LOI"). See Gibson Tech Ed., Inc., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 14438 (Enf. Bur., Spectrum Enf. Div., 2005) (finding Gibson Tech Ed, Inc., d/b/a HobbyTron.com apparently liable for marketing unauthorized FM broadcast
• http://www.fcc.gov/eb/Orders/2010/DA-10-2187A1.html
  • Rules, a "[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures." A "[t]elevision program producer refers to a person or organization engaged in the production of television programs." 47 C.F.R S: 74.801 47 C.F.R S: 74.870. 47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S: 2.801 - 2.815. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S:S: 154(i), 154(j), 403. See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
• http://www.fcc.gov/eb/Orders/2010/DA-10-2188A1.html
  • Rules, a "[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures." A "[t]elevision program producer refers to a person or organization engaged in the production of television programs." 47 C.F.R S: 74.801 47 C.F.R S: 74.870. 47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S: 2.801 - 2.815. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S:S: 154(i), 154(j), 403. See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
• http://www.fcc.gov/eb/Orders/2010/DA-10-2189A1.html
  • Rules, a "[m]otion picture producer refers to a person or organization engaged in the production or filming of motion pictures." A "[t]elevision program producer refers to a person or organization engaged in the production of television programs." 47 C.F.R S: 74.801 47 C.F.R S: 74.870. 47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S: 2.801 - 2.815. 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S:S: 154(i), 154(j), 403. See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and the forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the time
• http://www.fcc.gov/eb/Orders/2011/DA-11-1468A1.html
  • in a residential environment notwithstanding use in commercial, business and industrial environments." 47 C.F.R. S: 15.3(i). Section 15.3(k) of the Rules defines a "digital device" as "an unintentional radiator (device or system) that generates and uses timing signals or pulses at a rate in excess of 9,000 pulses (cycles) per second and uses digital techniques." 47 C.F.R. S: 15.3(k). Section 2.801 of the Rules defines "radio frequency device" as "any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. See Letter from Paul Tait, Marshall Amplification PLC, to Marlene K. Dortch, Secretary, Federal Communications Commission (July 28, 2010) ("LOI Response"). See id. at 4. See also 47 C.F.R. S:
• http://www.fcc.gov/eb/Orders/2011/DA-11-754A1.html
  • PreSonus Audio Electronics, Inc. (July 12, 2010) ("LOI"). 47 C.F.R. S: 2.803(a). Section 2.803(e)(4) of the Rules defines "marketing" as including the "sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4). Section 2.801 of the Rules defines "radio frequency device" as "any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. 47 C.F.R. S: 15.101(a). See 47 C.F.R. S: 2.909(b), (c). Section 15.3(z) of the Rules defines "unintentional radiator" as "a device that intentionally generates radio frequency energy for use within
• http://www.fcc.gov/eb/Orders/2011/DA-11-976A1.html
  • on the Request for Confidentiality. See 47 C.F.R. S: 0.459(d)(3). LOI Response at 1, 6. Id. at 6. Id. Id. at 2. Id. Id. at 2. We note that this grant applies to devices manufactured and marketed by SmartLabs beginning June 3, 2010 and does not negate any equipment marketing violations by SmartLabs prior to that date. 47 C.F.R. S: 2.801 defines a radiofrequency device as "any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means." An intentional radiator is "[a] device that intentionally generates and emits radio frequency energy by radiation or induction." 47 C.F.R. S: 15.3(o). 47 C.F.R. S: 15.201(b). A certification is an equipment authorization issued by the Commission,
• http://www.fcc.gov/eb/Orders/2012/DA-12-574A1.html
  • Radio Collector (June 2, 2008). 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803. Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4). Section 2.801 of the Rules defines "radio frequency device" as "any device which in its operation is capable of emitting radio-frequency energy by radiation, conduction, or other means." 47 C.F.R. S: 2.801. Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Richard Mann, Antique Radio Collector (Nov. 15, 2006). Appeal of Forfeiture Order, filed by Richard Mann d/b/a The
• http://www.fcc.gov/eb/Orders/da00475.doc http://www.fcc.gov/eb/Orders/da00475.html http://www.fcc.gov/eb/Orders/da00475.txt
  • 6. Both the Act and the Rules prohibit the sale or offer for sale of radio frequency devices, as well as the shipment or distribution for the purpose of selling such devices, unless the device has first been properly authorized, identified and labeled in accordance with the Commission's Rules. See 47 U.S.C. § 302(b), and 47 C.F.R. § 2.803(a)(1). Section 2.801 of the Rules defines a radio frequency device as ``any device which in its operation is capable of emitting radio frequency energy...'' (Emphasis added.) Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices, and ``any part or component thereof which in use emits radiofrequency energy.'' See 47 C.F.R. § 2.801(a) and (d). Although Mr.
• http://www.fcc.gov/fcc-bin/audio/DA-05-2382A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2382A1.pdf
  • from Michael A. Leo to the Enforcement Bureau, Attention: Thomas Fitz-Gibbon. A comparison of information from Hobbytron.com with information from Ramsey's website and catalog indicates that the ``R-FM25B-WT'' is apparently a fully assembled version of the Ramsey FM25B transmitter kit, while the ``R-FM100B-WT'' appears to be identical to the Ramsey FM100BWT fully assembled transmitter manufactured by Ramsey. 47 C.F.R. § 2.801 defines a radiofrequency device as ``any device which in it its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means.'' 47 C.F.R. § 15.201(b). Ramsey acknowledges in the ``FM100B and FM35 Series FM Transmitter Certification'' form provided with its marketing materials that the FM100BWT is an intentional radiator. See New Image Electronics, 17 FCC Rcd 3594,
• http://www.fcc.gov/pshs/docs/clearinghouse/references/minneapolis-bridge-report.pdf
  • (erlang) System Utilization = /(Nµ) (%) Actu al Predicted Actu al Predicted Actu al Predicted Actu al Predicted Busy hour (7/26/07 3-4 PM) 1.572 5.772 9.074 45.37% 0 0.0012 0 0.0006 0 0.50 0 0 Right before incident (8/1/07 5-6 PM) 1.253 5.586 6.999 35.00% 0 0 0 0 0 0 0 0 Busiest hour after incident (8/1/07 7-8 PM) 2.801 5.927 16.602 83.01% 0.131 0.3294 0.4968 0.5732 3.7924 1.74 5.86 5.90 29 time went up to 83.01%. About 5.9% of the calls also had to wait more than 3 seconds in this case, which exceeds the desired Grade of Service for normal operations but was still satisfactory according to accounts from local emergency responders considering the extraordinary nature of the