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From Comformity.com:
FCC Continues Crack Down on Marketing of Unauthorized Equipment
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The Federal Communications Commission is continuing its strict enforcement efforts against the marketing of unauthorized equipment, proposing a $75,000 forfeiture against one manufacturer, and affirming a $65,000 forfeiture order against another.
The proposed forfeiture was levied against San Jose Navigation, Inc. for marketing four models of the company’s GPS signal re-radiator kits that operated on restricted frequency bands allocated for safety-of-life operations. In this instance, the Commission acted on complaints from the National Telecommunications & Information Administration, the Department of Transportation and other federal agencies which had expressed concern that the GPS re-radiator equipment could potentially interfere with federal government GPS operations.
The Commission also issued a Forfeiture Order in the amount of $65,000 against ACR Electronics for willful and repeated violations of its equipment marketing requirements. Specifically, the company was found liable for unlawfully marketing its personal location beacon device to the industry and the general public before it obtained certification and without the requisite disclaimer notice.
In a separate matter, the Commission affirmed its proposed forfeiture in the amount of $14,000 against Gibson Tech Ed, Inc. for marketing two models of unauthorized FM broadcast transmitters.
As we’ve previously reported*, the Commission recently proposed a $1 million forfeiture against Behringer USA, Inc. for illegally marketing over a five year period as many as 66 different models of mixers, amplifiers and digital effects processors, none of which had been verified for compliance with FCC requirements.
*FCC Proposes $1 Million Forfeiture for Marketing Unauthorized Equipment
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From March 9, 2006....Conformity E-News:
In what may be a record proposed fine for failing to test and verify equipment to applicable technical standards, the Federal Communications Commission (FCC) has proposed a $1 million forfeiture against Behringer USA, Inc. for marketing unauthorized digital audio devices.
According to the Commission, the proposed fine comes in connection with Behringer’s marketing in the United States of as many as 66 different models of mixers, amplifiers, and digital effects processors, none of which had been verified for compliance with applicable requirements. Company records indicate that Behringer imported approximately 1.17 million unauthorized devices, which were sold through approximately 2000 retailers over a five year period beginning in January 2000.
In an April 2004 response to a Commission’s inquiry over the devices, Behringer acknowledged that the products were subject to FCC Class B equipment verification requirements, and agreed that it had not verified compliance of any of the 66 models of digital devices prior to their importation. In its defense, the company claimed that “a range” of its devices had been tested and passed “CE directives,” and that it would immediately begin testing all of its products for compliance with FCC requirements.
However, subsequent investigation by the FCC’s Enforcement Bureau determined that Behringer continued to market devices for which it had failed to provide to the Commission test data reports. In fact, as of the date of the proposed forfeiture, the company had filed test reports demonstrating compliance with the Commission’s requirements for only 28 of the 66 models of digital devices, while continuing to market at least 50 models during the prior 12 month period.
The Commission says that the amount of its proposed forfeiture was based on $7000 for each of the 50 models that were marketed within the U.S. during the past year, and adjusted upward based “on the egregious nature of Behringer’s misconduct, its relative disincentive to comply (ability to pay a forfeiture), and the substantial economic gain it derived from its continued marketing of unauthorized devices after the Enforcement Bureau began its investigation.”
Our readers can view the complete text of the Commission Notice of Apparent Liability against Behringer at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-13A1.pdf
From Comformity.com:
FCC Continues Crack Down on Marketing of Unauthorized Equipment
--------------------------------------------------------------------------------
The Federal Communications Commission is continuing its strict enforcement efforts against the marketing of unauthorized equipment, proposing a $75,000 forfeiture against one manufacturer, and affirming a $65,000 forfeiture order against another.
The proposed forfeiture was levied against San Jose Navigation, Inc. for marketing four models of the company’s GPS signal re-radiator kits that operated on restricted frequency bands allocated for safety-of-life operations. In this instance, the Commission acted on complaints from the National Telecommunications & Information Administration, the Department of Transportation and other federal agencies which had expressed concern that the GPS re-radiator equipment could potentially interfere with federal government GPS operations.
The Commission also issued a Forfeiture Order in the amount of $65,000 against ACR Electronics for willful and repeated violations of its equipment marketing requirements. Specifically, the company was found liable for unlawfully marketing its personal location beacon device to the industry and the general public before it obtained certification and without the requisite disclaimer notice.
In a separate matter, the Commission affirmed its proposed forfeiture in the amount of $14,000 against Gibson Tech Ed, Inc. for marketing two models of unauthorized FM broadcast transmitters.
As we’ve previously reported*, the Commission recently proposed a $1 million forfeiture against Behringer USA, Inc. for illegally marketing over a five year period as many as 66 different models of mixers, amplifiers and digital effects processors, none of which had been verified for compliance with FCC requirements.
*FCC Proposes $1 Million Forfeiture for Marketing Unauthorized Equipment
--------------------------------------------------------------------------------
From March 9, 2006....Conformity E-News:
In what may be a record proposed fine for failing to test and verify equipment to applicable technical standards, the Federal Communications Commission (FCC) has proposed a $1 million forfeiture against Behringer USA, Inc. for marketing unauthorized digital audio devices.
According to the Commission, the proposed fine comes in connection with Behringer’s marketing in the United States of as many as 66 different models of mixers, amplifiers, and digital effects processors, none of which had been verified for compliance with applicable requirements. Company records indicate that Behringer imported approximately 1.17 million unauthorized devices, which were sold through approximately 2000 retailers over a five year period beginning in January 2000.
In an April 2004 response to a Commission’s inquiry over the devices, Behringer acknowledged that the products were subject to FCC Class B equipment verification requirements, and agreed that it had not verified compliance of any of the 66 models of digital devices prior to their importation. In its defense, the company claimed that “a range” of its devices had been tested and passed “CE directives,” and that it would immediately begin testing all of its products for compliance with FCC requirements.
However, subsequent investigation by the FCC’s Enforcement Bureau determined that Behringer continued to market devices for which it had failed to provide to the Commission test data reports. In fact, as of the date of the proposed forfeiture, the company had filed test reports demonstrating compliance with the Commission’s requirements for only 28 of the 66 models of digital devices, while continuing to market at least 50 models during the prior 12 month period.
The Commission says that the amount of its proposed forfeiture was based on $7000 for each of the 50 models that were marketed within the U.S. during the past year, and adjusted upward based “on the egregious nature of Behringer’s misconduct, its relative disincentive to comply (ability to pay a forfeiture), and the substantial economic gain it derived from its continued marketing of unauthorized devices after the Enforcement Bureau began its investigation.”
Our readers can view the complete text of the Commission Notice of Apparent Liability against Behringer at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-13A1.pdf
