trends in fcc enforcement - fish & richardson...3/30/07 marketing non-certified radio...
TRANSCRIPT
2006Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
Ramsey Electronics, Inc. 1/25/06 Offering uncertified devices for sale 4 FM broadcast transmitters and RF power amplifiers
$28,000 Downward adjustment of $3,000 based on history of overall compliance
$25,000
Shenzhen Ruidian Communication Co.
3/3/06 Failing to respond to Enforcement Bureau directive to supply documents
N/A N/A $4,000 N/A $4,000
Gibson Tech Ed, Inc. 3/21/06 Offering uncertified devices for sale 2 FM broadcast transmitters $14,000 N/A $14,000
ACR Electronics, Inc. 3/23/06 Offering uncertified device for sale; extensive advertising and falsely stating the device was approved
1 Personal location beacon $75,000 Downward adjustment of $10,000 based on prior history of overall compliance; proposed forfeiture amount based on ability to pay and knowingly conducting substantial media cam-paign promoting unauthorized equipment to the general public
$65,000
Hawking Technologies, Inc.
4/17/06 Stating in marketing material that the device attaches to any wireless device with a removable antenna when the equipment authorization provided that the device may be used only with wireless access points authorized under FCC ID# NDD9572030410
1 RF power amplifier $22,000 Proposed forfeiture includes $15,000 upward adjustment for substantial economic gain; further downward adjustment of $5,400 for prior history of overall compliance
$17,600
OleumTech Corporation 5/11/06 Marketing an intentional radiator device prior to obtaining Commission equipment authorization
1 Wireless transmitter- oil and gas pipeline monitoring device
$5,600 Proposed forfeiture includes $1,400 downward departure for good faith effort to bring the transmitter into compliance- submitting device for certification testing prior to receiving the LOI
$5,600
Pilot Travel Centers LLC 5/11/06 Offering non-certified CB transmitters for sale
13 displays of non-certified models
CB transmitters $125,000 Proposed forfeiture includes $34,000 upward adjustment for pattern of violations following nine citations
$90,000 (Consent Decree)
Travel Centers of America 6/29/06 Offering non-certified CB transceivers for sale
1 CB transmitters $7,000 N/A $7,000
American Medical Alert Corporation
7/11/06 Labeling violations, emissions in excess of Part 15 limits and other unspecified voluntary disclosures of “compliance issues”
9 Personal emergency response equipment
N/A N/A $75,000 (Consent Decree)
Applied Wireless Identifications Group, Inc.
8/1/06 Unspecified voluntary disclosures of non-compliance with technical standards and labeling requirements
Undisclosed Unspecified RFID devices N/A N/A $40,000 (Consent Decree)
1
TRENDS IN FCC ENFORCEMENT | Equipment Manufacturer Violations 2006 -2013
Contact us: [email protected] or [email protected]
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.Fish
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
2
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2006
Clegg Industries, Inc. 9/29/06 Importing and marketing “Space Needle” model radios prior to their verification and without the proper labeling
1 FM broadcast receiver $7,000 N/A $7,000
Love’s Travel Stops and Country Stores, Inc.
9/29/06 Offering non-certified CB transceivers for sale
3 displays of non-certified models
CB transmitters $25,000 Proposed forfeiture includes $4,000 upward adjustment for a “pattern of intentional non-compliance with and apparent disregard for these rules”
$25,000
Vitec Group Communications Limited
10/31/06 Advertising devices in magazine, displaying devices at trade show, and offering devices for sale on the Internet before obtaining certification
2 Digital wireless intercom systems
$14,000 $2,800 downward adjustment based on history of overall compliance
$11,200
AboCom Systems, Inc. 11/9/06 Marketing devices which produced a spurious emission “substantially exceeding” permissible limits and that could operate beyond the authorized frequency range
1 Wireless access points $25,000 Proposed forfeiture amount includes $18,000 upward adjustment based on (i) substantial number of devices sold, (ii) continuing nature of violations over 17 months, and (iii) ability to pay
$25,000
Boston Scientific Corporation
12/7/06 Investigation whether devices produced RF emissions in the 90-110 kHz band and whether required equipment authorizations were obtained
3 product families
CRM implantable cardiac devices
N/A N/A $25,000 (Consent Decree)
GI Joe’s Radio Electronics and GI Joe’s CB Radio
12/11/06 Offering non-certified devices for sale 8+ CB transceivers and external RF power amplifiers
$21,000 N/A $21,000
American Future Technology Corporation d/b/a iBuypower
12/14/06 Marketing devices to the general public prior to obtaining a Declaration of Conformity
2 Computers $14,000 N/A $14,000
Multispectral Solutions, Inc.
12/14/06 Marketing unauthorized RF devices 1 Ultra-wideband localization system
N/A No devices marketed within the applicable statute of limitations period
Admonishment only
Gambler’s CB & Ham Radio Sales & Service
12/21/06 Offering non-certified devices for sale 2 CB transceivers $7,000 N/A $7,000
Total 2006 $478,400
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
3
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2007
Metamerchant 2/2/07 Offering non-certified devices for sale via Ebay
2 VHF and UHF transceivers $14,000 N/A $14,000
Communications Specialists, Inc
3/1/07 Marketing devices in excess of radiated emission limits which did not comply with periodic operation limits due to continuous transmission
1 Pet locator transmitter $7,000 Details of downward adjustment not dis-closed
$5,600
1 Stop Communications / 1 Stop CB Shop
3/2/07 Offering non-certified devices for sale 1 CB transceivers $7,000 N/A $7,000
Candy Electronics 3/16/07 Offering non-certified devices for sale 10+ CB transceivers and external RF power amplifiers
$14,000 $7,000 forfeiture issued collectively for each of transceivers and amplifiers
$14,000
Ramko Distributors, Inc. 3/30/07 Marketing non-certified radio transceiv-ers
17 CB transceivers $150,000 $31,000 upward adjustment for pattern of intentional non-compliance and disregard for FCC rules
$150,000
Hawking Technologies, Inc.
4/2/07 Marketing devices as being able to connect to any wireless device, and packaging the device with a connector enabling universal use
1 RF power amplifier $50,000 $43,000 upward adjustment based on (i) substantial number of amplifiers sold, (ii) violations continuing over 12-months, and (iii) previous issuance of a forfeiture for violating the same rule
$50,000
Trimble Navigation, Limited
4/24/07 Design change to the power circuitry causing the RF conducted power to exceed the peak power limits by approxi-mately 1.4 dB
1 Spread Spectrum Transmitter
$4,000 N/A $4,000 (Consent Decree)
Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc.
5/22/07 Failure to comply with the labeling requirements for digital wireless hearing aid-compatible handsets
2 Digital wireless handsets $16,000 N/A $16,000
Regent U.S.A., Inc. 5/30/07 Importing and interstate shipment of televisions without DTV receivers
1,182 units Televisions $63,650 Proposed forfeiture amount based on per-unit/tier system
$63,650
Behringer USA, Inc. 6/1/07 Importing and marketing non-verified Class B devices
50 Digital audio music devices $1,000,000 Proposed forfeiture includes $650,000 upward adjustment for (i) continuing to import and market unauthorized devices for more than a year after representing that it would come into compliance; (ii) ability to pay; (iii) egregious nature of misconduct; and (iv) substantial economic gain
$1,000,000
Rocky Mountain Radar 8/16/07 Offering uncertified devices for sale whose purpose is to interfere with licensed radio services
2 Police radar jamming devices
$25,000 Proposed forfeiture includes upward adjustment of $11,000 for pattern of intentional non-com-pliance with and disregard for FCC rules
$25,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
4
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2007
Ultimate Electronics, Inc. 10/15/07 Failing to place the required Consumer Alert label on an analog broadcast televi-sion tuner displayed or offered for sale
3 Televisions $24,000 $8,000 base forfeiture amount per unlabeled model established
$24,000
Boscov’s, Inc. 10/15/07 Failure to place the required Consumer Alert label on an analog broadcast tele-vision tuner displayed or offered for sale
2 Televisions $16,000 $8,000 base forfeiture amount per unlabeled model
$16,000
Fred Meyer Stores 10/15/07 Failure to place the required Consumer Alert label on an analog broadcast tele-vision tuner displayed or offered for sale
3 Televisions $24,000 $8,000 base forfeiture amount per unlabeled model
$24,000
Gregg Appliances, Inc. 10/15/07 Failure to place the required Consumer Alert label on an analog broadcast tele-vision tuner displayed or offered for sale
1 Televisions $8,000 $8,000 base forfeiture amount per unlabeled model
$8,000
Radio Shack Corporation 10/15/07 Failure to place the required Consumer Alert label on an analog broadcast tele-vision tuner displayed or offered for sale
2 Televisions $16,000 $8,000 base forfeiture amount per unlabeled model
$16,000
Trans World Entertain-ment Corporation d/b/a/ F.Y.E.
10/15/07 Failure to place the required Consumer Alert label on an analog broadcast tele-vision tuner displayed or offered for sale
1 Televisions $8,000 $8,000 base forfeiture amount per unlabeled model
$8,000
AST Telecom d/b/a/ Blue Sky Communications
10/22/07 Failure to comply with labeling require-ments for hearing aid compatible handsets
1 model in violation
Digital wireless handsets $8,000 $8,000 assessed for each HAC labeling violation
$8,000
Microwave Radio Communications LLC
10/26/07 Marketing uncertified devices on its web site
1 4.9 GHz aeronautical transmitting equipment
$7,000 N/A $7,000
South Central Telephone Association, Inc.
11/1/07 Failure to comply with labeling require-ments for hearing aid compatible handsets
3 models in violation
Digital wireless handsets $24,000 $8,000 assessed for each HAC labeling viola-tion
$24,000
The Antique Radio Collector
11/27/07 Offering uncertified devices for sale on its website
1 AM radio transmitters $7,000 N/A $7,000
XIT Telecommunications & Technology, Ltd. d/b/a XIT Cellular
11/27/07 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets N/A Monetary forfeiture precluded by the appli-cable statute of limitations
Admonishment only
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
5
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2007
Austin Hughes Solutions, Inc.
12/3/07 Marketing non-verified Class A digital devices
9 Keyboards, monitors, and keyboard-video-mouse switches and extenders
$63,000 N/A $63,000
Broadcast Microwave Services, Inc.
12/10/07 Marketing unauthorized devices 1 4.9 GHz Digital Wireless Camera System
N/A N/A $5,000 (Consent Decree)
Total 2007 $1,571,250
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
6
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
South Canaan Cellular Communications Company, L.P.
1/3/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets $15,000 Base forfeiture amount of $15,000 per missing handset established
$15,000
Ryzex, Inc. 1/29/08 Marketing devices modified by replacing the two mbps radio assemblies with 11 mbps radio assemblies without authorization from the grantee and without adequate labeling
2 Portable data terminals $8,000 Proposed forfeiture includes $6,000 down-ward adjustment because marketing an improperly labeled device is not as significant a violation as marketing an unauthorized or technically non-compliant device
$8,000
AST Telecom d/b/a Blue Sky Communications
2/27/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets $15,000 Base forfeiture amount of $15,000 per missing handset
$15,000
Epic Touch Company, Inc. 2/28/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
0 of 2 required models offered for sale
Digital wireless handsets $30,000 Base forfeiture amount of $15,000 per missing handset
$30,000
DBK Concepts, Inc. 2/29/08 Marketing devices modified by replacing the two mbps radio assemblies with 11 mbps radio assemblies without authorization from the grantee and without adequate labeling
3 Portable data terminals $15,000 Proposed forfeiture includes $6,000 downward adjustment for models marketed with only an improper label; no adjustment for the device that was both unauthorized and improperly labeled
$15,000
Hauppauge Computer Works, Inc.
3/5/08 Failure to respond to an Enforcement Bureau Letter of Inquiry
N/A N/A $11,000 Proposed forfeiture includes $7,000 upward adjustment for failing to respond to multiple inquiries
$11,000
Global Microwave Systems, Inc.
3/7/08 Marketing unauthorized radio frequency devices
1 4.9 GHz aeronautical trans-mitting equipment
N/A No devices marketed within applicable stat-ute of limitations
Admonishment only
CTC Telecom, Inc. 3/11/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
0 of 2 required models offered for sale
Digital wireless handsets $30,000 Base forfeiture amount of $15,000 per miss-ing handset
$30,000
SLO Cellular, Inc. 3/13/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets $45,000 Proposed amount includes $15,000 forfeiture for failing to comply with acoustic coupling compatibility requirements and $30,000 forfeiture for failing to comply with inductive coupling compatibility requirements
$45,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
7
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
Pine Telephone Company, Inc.
3/19/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets $16,000 Upward adjustment of $17,000 may be attributed to violations uncovered follow-ing issuance of additional Letter of Inquiry
$33,000 (Consent Decree)
South Slope Wireless 3/20/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
0 of 2 required models offered for sale
Digital wireless handsets $15,000 Base forfeiture amount of $15,000 per missing handset–forfeiture for one missing handset precluded by statute of limitations
$15,000
CB Shop & More, LLP 3/21/08 Offering non-certified device for sale 1 CB transceiver $7,000 N/A $7,000
Iowa Wireless Services, LLC d/b/a i wireless
3/21/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets $22,500 Base forfeiture amount of $15,000 per miss-ing handset; upward adjustment of $7,500 based on comparative size and ability to pay
$22,500
Cable & Communications Corp. d/b/a Mid-Rivers Cellular
4/7/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of re-quired 2 models
Digital wireless handsets $15,000 Proposed forfeiture reduced per adoption of compliance plan
$12,000 (Consent Decree)
Syntax-Brillian Corporation
4/10/08 Importing and interstate shipment of televisions without DTV receivers
11,524 units
Televisions $2,899,575 Downward adjustment of $1,633,475 based on correction of number of non-compliant units shipped within the statute of limitations. Forfeiture Order includes additional $11,000 NAL for providing incorrect or misleading material factual information to the FCC
$1,277,100
Best Buy Co., Inc. 4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
35 Televisions $280,000 N/A-$8,000 base forfeiture amount per unlabeled model
$280,000
Circuit City Stores, Inc. 4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
89 Televisions $712,000 N/A-$8,000 base forfeiture amount per unlabeled model
$712,000
CompUSA, Inc. 4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
21 Televisions $168,000 N/A-$8,000 base forfeiture amount per unlabeled model
$168,000
Fry’s Electronics, Inc. 4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
48 Televisions $384,000 N/A-$8,000 base forfeiture amount per unlabeled model
$384,000
Polaroid Corporation 4/10/08 Interstate shipment of digital television receivers without V-chips
31 (estimat-ed) exact number not disclosed
Televisions $775,000 N/A-$25,000 base forfeiture amount per non-compliant model
$775,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
8
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
Precor Incorporated 4/10/08 Importing and interstate shipment of televisions without DTV receivers
Not Dis-closed
Televisions $357,900 N/A-proposed forfeiture amount based on per-unit/tier system
$357,900
Proview Technology, Inc. 4/10/08 Interstate shipment of digital television receivers without V-chips
12 (estimat-ed) exact number not disclosed
Televisions $300,000 N/A-$25,000 base forfeiture amount per non-compliant model
$300,000
Sears Roebuck and Co. and Kmart Corporation
4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
137 (es-timated) exact number not disclosed
Televisions $1,096,000 N/A-$8,000 base forfeiture amount per unlabeled model
$1,096,000
Consumer Electronics Retailer (See www.fcc.gov/eb/Orders)
4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
37 Televisions $296,000 N/A-$8,000 base forfeiture amount per unlabeled model
$296,000
Wal-Mart Stores, Inc. and Sam’s West, Inc.
4/10/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
124 Televisions $992,000 N/A-$8,000 base forfeiture amount per unlabeled model
$992,000
Audiovox Corporation 4/10/08 Interstate shipment of digital television receivers without V-chips
Not Dis-closed
Televisions N/A N/A $20,000 (Consent Decree)
Panasonic Corporation 4/10/08 Interstate shipment of digital television receivers noncompliant with V-Chip or DTV tuner requirements
Not Dis-closed
Televisions N/A N/A $320,000 (Consent Decree)
Philips Consumer Electronics North America
4/10/08 Interstate shipment of digital television receivers without V-chips
Not Dis-closed
Televisions N/A N/A $450,000 (Consent Decree)
Vizio, Inc. 4/10/08 Interstate shipment of digital television receivers without V-chips
Not Dis-closed
Televisions N/A N/A $370,000 (Consent Decree)
Westinghouse Digital Electronics, LLC
4/10/08 Interstate shipment of digital television receivers without V-chips
Not Dis-closed
Televisions N/A N/A $210,000 (Consent Decree)
LG Electronics Inc. and LG Electronics, USA
4/11/08 Interstate shipment of digital television receivers without V-chips
Not Dis-closed
Televisions N/A N/A $1,700,000 (Consent Decree)
Sanyo Corporation 4/11/08 Interstate shipment of digital television receivers without V-chips
Not Dis-closed
Televisions N/A N/A $375,000 (Consent Decree)
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
9
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
Alaska DigiTel, LLC 4/23/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $15,000 (Consent Decree)
Value City Department Stores, Inc.
5/9/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
27 Televisions $216,000 N/A-$8,000 base forfeiture amount per unlabeled model
$216,000
Toys “R” Us, Inc. 5/9/08 Failing to place the required Consumer Alert label on analog broadcast televi-sion tuners displayed or offered for sale
31 Televisions $248,000 N/A-$8,000 base forfeiture amount per unlabeled model
$248,000
Edge Wireless Licenses, LLC
5/9/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $15,000 (Consent Decree)
Custer Telephone Cooperative, Inc.
5/9/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $12,000 (Consent Decree)
Digital Antenna, Inc. 5/12/08 Failure to respond fully to Enforcement Bureau Letters of Inquiry regarding marketing of boosters and repeaters to unlicensed end users and potential interference
Undisclosed Cellular and PCS boosters and repeaters
$11,000 Proposed amount includes $7,000 upward adjustment based on multiple infractions
$11,000
Custer Telephone Cooperative, Inc.
5/21/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $12,000 (Consent Decree)
Rajant Corporation 5/30/08 Unspecified self-reported violations of Parts 2 and 15 of the FCC’s rules
Not Dis-closed
Wireless broadband network devices
N/A N/A $29,400 (Consent Decree)
Farmers Cellular Telephone, Inc.
6/4/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
0 of 2 required models offered for sale
Digital wireless handsets $30,000 Base forfeiture amount of $15,000 per missing handset
$30,000
SunCom Wireless, Inc. 6/4/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
0 of 2 required models offered for sale
Digital wireless handsets $60,000 Base forfeiture amount of $15,000 per missing handset; proposed forfeiture amount includes $30,000 upward adjustment because violations of hearing aid compatibility handset requirements by Tier II carriers are more egregious than those committed by smaller Tier III carriers
$60,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
10
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
L.P. Ryan / Low Power Radio
6/5/08 Marketing uncertified AM radio transmitters
1 AM radio transmitters $7,000 Downward adjustment of $6,390 based on the individual’s inability to pay due to disability and fixed income
$610
Choice Wireless, LC 6/10/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $24,000 (Consent Decree)
Union Telephone Company
6/11/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets $15,000 Base forfeiture amount of $15,000 per missing handset
$15,000
BJ’s Wholesale Club, Inc. 6/12/08 Failure to place required Consumer Alert label on analog broadcast television tun-ers displayed or offered for sale
Undisclosed Televisions N/A N/A $20,000 (Consent Decree)
Big Lots Stores, Inc. 6/12/08 Failure to place required Consumer Alert label on analog broadcast television tun-ers displayed or offered for sale
Undisclosed Televisions N/A N/A $48,000 (Consent Decree)
Variety Wholesalers, Inc. 6/12/08 Failure to place required Consumer Alert label on analog broadcast television tun-ers displayed or offered for sale
Undisclosed Televisions N/A N/A $38,000 (Consent Decree)
PinPoint Wireless, Inc. 6/13/08 Failure to comply with coupling compatibility requirements for hearing aid compatible handsets
0 of 2 required models offered for sale
Digital wireless handsets $30,000 Base forfeiture amount of $15,000 per missing handset
$30,000
Conn’s, Inc. 6/13/08 Failure to place required Consumer Alert label on analog broadcast television tun-ers displayed or offered for sale
Undisclosed Televisions N/A N/A $70,000 (Consent Decree)
Rent-A-Center, Inc. 6/13/08 Failure to place required Consumer Alert label on analog broadcast television tun-ers displayed or offered for sale
Undisclosed Televisions N/A N/A $60,000 (Consent Decree)
Centennial Communications Corp.
6/17/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets $40,000 Base forfeiture amount of $15,000 per missing handset; forfeiture for one missing handset precluded by statute of limitations; $30,000 upward adjustment because violations of hearing aid compatibil-ity handset requirements by Tier II carriers are more egregious than those committed by smaller Tier III carriers
$40,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
11
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
Blanca Telephone Company
6/18/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
0 of 2 required models offered for sale
Digital wireless handsets $15,000 Base forfeiture amount of $15,000 per missing handset; forfeiture for one miss-ing handset precluded by statute of limitations
$15,000
Funai Corporation, Inc. 7/10/08 Interstate shipment of televisions without V-chips
Undisclosed Televisions $7,745,687 Downward adjustment of $7,410,687 due in part to incorrect information supplied to FCC in LOI response concerning compliant status of certain models used to calculate initial proposed forfeiture
$335,000 (Consent Decree)
NE Colorado Cellular, Inc. d/b/a Viaero Wireless
7/14/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $12,000 (Consent Decree)
IT&E Overseas, Inc. 7/28/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets $16,000 Upward adjustment due to additional viola-tions discovered since issuance of initial proposed forfeiture
$54,000 (Consent Decree)
Michael Kersnowski d/b/a radioactiveradios.com
7/30/08 Marketing and offering for sale non-certified CB transceivers
2 CB transceivers $7,000 N/A $7,000
Corr Wireless Communications, LLC
7/31/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
1 of 2 required models offered for sale
Digital wireless handsets $30,000 Base forfeiture amount of $15,000 per miss-ing handset; upward adjustment of $15,000 based on ability to pay and con-tinuous violation for almost 1 year
$30,000
Airadigm Communications, Inc.
8/1/08 Failure to comply with inductive cou-pling hearing aid compatibility require-ments
Undisclosed Digital wireless handsets N/A N/A $11,000 (Consent Decree)
Sirius Satellite Radio, Inc. 8/5/08 Sale of non-compliant satellite receiv-ers in violation of Parts 2 and 15 and unauthorized construction and operation of terrestrial repeaters in violation of Part 25 rules
Undis-closed/11 unauthor-ized repeat-ers
Satellite radio receivers/terrestrial repeaters
N/A N/A $2,200,000 (Consent Decree)
XM Satellite Radio, Inc. 8/5/08 Sale of non-compliant satellite receiv-ers in violation of Parts 2 and 15 and unauthorized construction and operation of terrestrial repeaters in violation of Part 25 rules
Undis-closed/ 479 unauthor-ized repeat-ers
Satellite radio receivers/terrestrial repeaters
N/A N/A $17,394,375 (Consent Decree)
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
12
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
Cardinal Broadband LLC 8/15/08 Providing incorrect material factual information to the Commission in response to an LOI
N/A N/A-VoIP service provider $25,000 Proposed forfeiture is less that the statutory maximum of $130,000 applicable to common carriers because there was no evidence of intentional misrepresentation and Cardinal subsequently provided correct information against its interest and prior to formal Com-mission action
$25,000
Invision Industries, Inc. 8/18/08 Importation and shipment of television receivers that do not comply with DTV reception capability rules; providing incorrect material factual information to the Commission in response to an LOI
7 TV receivers $324,000 Forfeiture amount for non-compliant TVs calculated using the tier-by-tier, per-unit methodology set forth in the Syntax-Brillian and Regent NALs; $4,000 forfeiture imposed for supplying false information
$324,000
Data Capture Solutions, Inc.
8/25/08 Marketing noncompliant portable data terminals modified by replacing the two mbps radio assembly with an 11 mbps radio assembly without authorization from the manufacturer and affixing labeling that did not include the FCC ID
Number of noncompli-ant models marketed within the SOL is unknown
Portable data terminals equipped with internal radio assemblies
$14,000 Proposed forfeiture includes a $3,000 downward adjustment because marketing an improperly labeled device is not as significant as marketing an unauthorized or technically non-compliant device
$14,000
Leetek America, Inc. 8/25/08 Marketing unauthorized pager transmitter systems
2 Pager systems for restaurants and hospitals
$14,000 N/A $14,000
Microboards Technology, LLC
8/25/08 Marketing unauthorized and non-compliant digital devices without the appropriate labels
2 CD and DVD duplicators $14,000 N/A $14,000
LCD Digital Electronics, Inc.
8/27/08 Displaying and offering for sale equip-ment with an analog-only tuner without the required Consumer Alert label
2 TV receivers $16,000 $8,000 base forfeiture for each unlabeled model in violation of analog-only labeling requirements
$16,000
Hannspree North America, Inc.
8/28/08 Interstate shipment of television receiv-ers that do not comply with DTV recep-tion requirements
249 units within the statute of limitations
Televisions $12,450 Forfeiture assessed by using the tier-by-tier, per-unit method set forth in other DTV tuner NALs
$12,450
CoachComm, LLC 9/8/08 Marketing unauthorized radio frequency device
1 Wireless intercom system $7,000 N/A $7,000
Wavetrend Technologies, Ltd.
9/11/08 Marketing devices without a means for automatically limiting operation so that the silent period between transmissions may be no less than 10 seconds
Not Dis-closed
RFID devices N/A N/A $28,000 (Consent Decree)
Sling Media, Inc. 9/12/08 Importation or interstate shipment of video devices that receive over-the-air television signals without a DTV tuner
Not Dis-closed
Televisions N/A N/A $42,500 (Consent Decree)
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
13
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2008
TTE Technology, Inc. 9/12/08 Importation or interstate shipment of video devices that receive over-the-air television signals without a DTV tuner
Not Dis-closed
Televisions N/A N/A $12,500 (Consent Decree)
ViewSonic Corporation 9/12/08 Importation or interstate shipment of video devices that receive over-the-air television signals without a DTV tuner
Not Dis-closed
Televisions N/A N/A $25,350 (Consent Decree)
XLNT Idea, Inc. 11/4/08 Marketing unauthorized digital devices 2 Computer peripherals-printers/publishers
$14,000 N/A $14,000
American Samoa Telecom-munications Authority
11/5/08 Violating hearing aid compatibility sta-tus report filing requirements; failing to offer at least two wireless handsets that meet HAC requirements for RF interfer-ence and inductive coupling
0 of 2 required models
Wireless handsets $6,000; admonish-ment
Base forfeiture amount of $6,000 for failure to file HAC reports; forfeiture for failing to offer compliant handsets precluded by stat-ute of limitations
$6,000
Multi-Tech Systems, Inc. 12/10/08 Marketing an RF device without includ-ing the required consumer disclosure in the user manual
1 RF Transmitter $4,000 Proposed forfeiture includes a $3,000 down-ward adjustment because marketing a device without the required consumer disclosure is not as significant a violation as marketing an unauthorized or technically non-compliant device
$4,000
Redflex Traffic Systems, Inc.
12/23/08 Marketing unauthorized RF devices 2 Radar speed meters N/A N/A $22,000 (Consent Decree)
Total 2008 $31,964,685
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
14
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2009
AT&T Inc. 1/15/09 Violating terms of a DOJ order N/A N/A N/A N/A $2,380,000 (Consent Decree)
Arkion Systems, LLC 1/15/09 Marketing uncertified devices 4 Utility meter transmitters N/A N/A $18,000 (Consent Decree)
Silver Spring Networks 1/16/09 Marketing a device with an incorrect exterior label
1 Utility meter incorporating a modular transmitter
N/A N/A $4,000 (Consent Decree)
Proxim Wireless Corpora-tion
2/2/09 Marketing non-compliant and mislabeled devices
2 Wireless access points $14,000 $4,000 downward adjustment because mar-keting an improperly labeled device deemed not as significant as marketing an unauthor-ized or technically non-compliant device
$11,000
Pro Tech Monitoring, Inc. 2/9/09 Marketing unauthorized RF equipment 1 GPS tracking device N/A N/A $7,000 (Consent Decree)
Audiovox Corporation 2/13/09 Marketing devices in violation of operat-ing bandwidth specifications and/or radiated emission limits
Not Dis-closed
Satellite radio receivers with wireless FM modula-tors
N/A N/A $5,000 (Consent Decree)
Humax Co., Ltd. 2/13/09 Importing and marketing devices in vio-lation of applicable technical standards and labeling requirements
Not Dis-closed
Satellite radio receivers with wireless FM modula-tors
N/A N/A $15,000 (Consent Decree)
Ki Ryung Electronics Co., Ltd.
2/13/09 Importing and marketing devices in vio-lation of applicable technical standards and labeling requirements
Not Dis-closed
Satellite radio receivers with wireless FM modula-tors
N/A N/A $30,000 (Consent Decree)
Wistron NeWeb Corpora-tion
2/13/09 Importing and marketing devices in vio-lation of applicable technical standards and labeling requirements
Not Dis-closed
Satellite radio receivers with wireless FM modula-tors
N/A N/A $30,000 (Consent Decree)
Power 7 Technology Cor-poration
2/19/09 Marketing unauthorized RF devices and which exceeded Part 15 emissions limits
1 Automobile Full Channel FM Transmitter and iPOD Charger
$25,000 Proposed enforcement includes $18,000 upward adjustment in view of the number of uncertified and non-compliant devices and 12-month period of violations
$25,000
PinPoint Wireless, Inc. 3/13/09 Failing to include in its digital wireless handset offerings at least two models that comply with inductive coupling re-quirements for hearing aid compatibility
0 of 2 required models
Wireless handsets $30,000 (6/13/2008 NAL)
$12,000 downward adjustment apparently due to consent decree negotiations
$18,000 (Consent Decree)
Hannspree North America, Inc.
3/26/09 Interstate shipment of television broad-cast receivers noncompliant with the DTV reception capability rules
249 Televisions $12,450 Request for reduction in forfeiture amount denied
$12,450
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
15
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2009
N/A (Semiconductor manufacturer)
3/27/09 Undisclosed compliance issues with Parts 2, 15, and 68
Not Dis-closed
Undisclosed equipment including medical devices
$25,000 N/A $25,000 (Consent Decree)
WorldNet, L.L.C. 4/3/09 Failure to respond to a LOI thereby violating a Commission Order
N/A N/A $20,000 N/A $20,000
1st United Tel-Com, Inc. 4/28/09 Failure to respond to an NAL thereby violating an EB Directive
N/A N/A $4,000 N/A $4,000
Sennheiser Electronic Corporation
5/11/09 Marketing unauthorized RF devices 1 Wireless microphone systems
$7,000 N/A $7,000
Panhandle Telecommuni-cation Systems, Inc.
5/13/09 Violating inductive coupling standards for hearing aid compatibility
0 of 2 required models
Wireless handsets $9,000 N/A $9,000 (Consent Decree)
Monster Cable Products, Inc.
5/15/09 Unspecified violations of Parts 2 and 15 concerning marketing of the Monster iCarPlay Wireless device
Not dis-closed
Wireless in-car FM trans-mitter
$12,500 N/A $12,500 (Consent Decree)
Orvac Electronics, Inc. 5/29/09 Marketing non-certified 2.4 GHz inten-tional radiators
4 Wireless video transmitters and cameras
$7,000 N/A—no clear explanation of why forfeiture imposed for only one model
$7,000
Mobilarm, Ltd. 6/12/09 Marketing uncertified RF devices 1 V100 transmitter $4,000 N/A $4,000 (Consent Decree)
Honeywell International Inc.
6/15/09 Marketing uncertified RF devices and violating field strength provisions
1 Torque measurement device $10,000 N/A $10,000 (Consent Decree)
Iftron Technologies, Inc. 6/29/09 Marketing an audio/visual transmit-ter operating on a 2.4 GHz restricted frequency not eligible for a grant of certification or marketing in the U.S.
1 500 mW audio/video transmitter
$5,600 Proposed enforcement amount includes $1,400 downward adjustment for good faith efforts to come into compliance prior to initiation of investigation
$5,600
Alco Electronics Ltd. 6/29/09 Marketing unauthorized RF devices and violations of labeling rules; test lab used by Alco may not have been accredited
2 DTV converter boxes N/A N/A $9,000 (Consent Decree)
Alco Electronics Ltd. 7/10/09 Marketing authorized FM broadcast transmitters and external power ampli-fiers
4 RF transmitters and ampli-fiers
$22,000 Proposed forfeiture amount limited by 1-year statute of limitations and reduction in base forfeiture since the violation was deemed similar to marketing mislabeled equipment—a less serious offense
$22,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
16
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2009
CT Cube, Inc. d/b/a West Central Wireless
7/10/09 Failing to offer at least two digital wire-less handset models with reduced emis-sion levels by FCC deadline; inadequate labeling and inserts re HAC compliance
0 of 2 re-quired units at deadline; improper labeling on 3 of 4 units ultimately offered
Digital wireless handsets N/A N/A $14,000 (Consent Decree)
Technogym S.p.A. 7/10/09 Importation and interstate shipment of broadcast TV receivers without digital television reception capability
Not dis-closed
TV broadcast receivers incorporated in physical fitness training equipment
N/A N/A $30,000 (Consent Decree)
LawMate Technology Co., Ltd.
7/15/09 Marketing unauthorized RF devices 2 Wireless video transmitters $14,000 N/A $14,000
Pinnacle Systems, Inc. 7/30/09 Interstate shipment of PC digital television tuners in violation of V-Chip technology requirements
Not dis-closed
PC digital television tuners N/A N/A $25,000 (Consent Decree)
Imation Corp. 10/16/09 Marketing unauthorized devices 1 or more DTV converter box and other television interface devices
N/A N/A $7,000 (Consent Decree)
Midland Radio Corpora-tion
10/16/09 Marketing transmitters with voice scram-bling feature
2 General Mobile Radio Ser-vice transmitters
$21,000 Consent decree entered after issuance of 6/25/2009 NAL reduced forfeiture by $7,000. Original proposed forfeiture included $7,000 upward adjustment for (1) substantial number of non-compliant devices; (2) violations continuing over a significant period; and (3) ability to pay
$14,000 (Consent Decree)
Richfield Electronics (China) Ltd.
10/29/09 Marketing equipment noncompliant with emission limits and label requirements
1 Whole House FM Transmit-ter
$18,000 Proposed forfeiture includes $7,000 upward adjustment for the duration and extent of Richfield's emission limits violations and a $4,000 forfeiture for the labeling violation where the FCC said the marketing of non-labeled equipment is not as significant as marketing non-complaint equipment.
$18,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
17
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2009
Uniden America Corpora-tion
11/5/09 Marketing transmitters with voice scram-bling feature
3 General Mobile Radio Ser-vice transmitters
$23,000 Proposed enforcement includes upward adjustment of $10,000 for continued market-ing of products in violation after receiving guidance from FCC staff that voice scrambling is prohibited in the GMRS and downward adjustments of $5,000 and $3,000 citing Uniden’s record of overall compliance and corrective action taken before FCC notifica-tion of violations
$23,000
R.F. Technologies, Inc. 11/6/09 Marketing unauthorized RF device 1 Portable belt-pack trans-ceiver connected to a headset
$7,000 N/A $7,000
Apple, Inc. 12/2/09 Violation of HAC status report filing requirements
1 late-filed report
Reports for digital wireless handsets
$5,000 Proposed forfeiture includes $1,000 down-ward adjustment for Apple's demonstrated good faith effort and filing the report prior to FCC investigation
$5,000
XLNT Idea, Inc. 12/9/09 Marketing unauthorized digital devices 2 Printers and publishing systems
$14,000 N/A $14,000
Total 2009 $2,861,550
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
18
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2010
Appalachian Wireless 1/14/10 Failing to timely file hearing aid compat-ibility status report
N/A Wireless services $5,000 Proposed forfeiture includes $1,000 down-ward adjustment for good faith attempt to file report on time
$5,000
Doro AB 1/14/10 Failing to file multiple hearing aid com-patibility status reports
2 omitted reports
Wireless phones $12,000 N/A $12,000
ZTE Corporation 1/14/10 Failing to file multiple hearing aid com-patibility status reports and violating web site posting requirements
2 omitted reports
Wireless phones $18,000 N/A $18,000
Airo Wireless, Inc. 1/14/10 Failing to file multiple hearing aid com-patibility status reports
2 omitted reports
Wireless phones $12,000 N/A $12,000
Locus Telecommunica-tions, Inc.
1/14/10 Failing to file hearing aid compatibility status report and violating web site posting requirements
N/A Wireless services $12,000 N/A $12,000
TCT Mobile, LTD. 1/14/10 Failing to file multiple hearing aid com-patibility status reports and failing to respond to an FCC LOI
2 omitted reports
Wireless phones $16,000 Proposed forfeiture includes $4,000 penalty for failing to respond to the FCC's LOI
$16,000
San Jose Technology, Inc. 2/16/10 Offering unauthorized devices for sale operating in restricted frequency bands
4 GPS signal re-radiators $75,000 $25,000 downward adjustment pursuant to consent decree entered following 2007 forfeiture order; original forfeiture order included upward adjustments for (i) sale of devices operating in restricted frequency bands; (ii) potential interference with safety-of-life operations; (iii) distributing signifi-cant numbers of devices; and (iv) continuous nature of violations
$50,000 (Consent Decree)
Enhanced Vision Systems, Inc.
4/7/10 Marketing class B digital devices in vio-lation of FCC technical rules and labeling requirements
Not dis-closed
Vision assistance products for the legally blind
N/A N/A $45,000 (Consent Decree)
Motorola, Inc. 4/14/10 Marketing Unlicensed National Informa-tion Infrastructure (U-NII) devices in violation of FCC technical rules and labeling requirements
Not dis-closed
U-NII devices N/A N/A $9,000 (Consent Decree)
Airspan Networks (Is-rael), Ltd.
4/15/10 Marketing Unlicensed National Informa-tion Infrastructure (U-NII) devices in violation of FCC technical rules and labeling requirements
Not dis-closed
U-NII devices N/A N/A $10,000 (Consent Decree)
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
19
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2010
Phonejammer.com 4/20/10 Marketing RF devices designed to inter-fere with licensed cellular and PCS
2 Phone jammers $25,000 Proposed forfeiture includes $11,000 upward adjustment for (i) disregarding previous cita-tion; (ii) intentional interference to licensed cellular and PCS frequencies, including those used for public safety; and (iii) marketing devices not capable of being authorized
$25,000
Entone, Inc. 5/14/10 Marketing class B digital devices in vio-lation of FCC technical rules and labeling requirements
Not dis-closed
Television interface devices N/A N/A $35,000 (Consent Decree)
Fox Television Stations, Inc.
6/3/10 Failing to respond to an LOI and follow-up letter
N/A N/A $25,000 Proposed forfeiture includes $21,000 upward adjustment based on Fox's ability to pay and egregious conduct exhibiting contempt for Commission authority
$25,000
Paisa 2 Car and Limousine Service., Inc.
6/18/10 Failing to respond to an NAL or pay the proposed forfeiture amount
N/A N/A $4,000 N/A $4,000
Cellphone-Mate 7/6/10 Marketing of radio frequency devices that are not correctly labeled
1 Dual band cellular/PCS signal amplifier
$4,000 Proposed enforcement amount includes $3,000 downward adjustment because this violation is not a technical requirement
$4,000
Wireless Extenders, Inc. 7/6/10 Marketing of radio frequency devices that are not correctly labeled
1 Dual band cellular/PCS signal booster
$4,000 Proposed enforcement amount includes $3,000 downward adjustment because this violation is not a technical requirement
$4,000
Futurewei Technologies, Inc. d/b/a Huawei Tech-nologies
7/12/10 Failing to comply with hearing aid com-patibility regulations
Not dis-closed
Wireless handsets N/A N/A $9,000 (Consent Decree)
Qomo HiteVision, LLC 7/20/10 Marketing of unauthorized radio fre-quency devices
Not dis-closed
Radio frequency response system
N/A N/A $12,000 (Consent Decree)
Kannad SAS 8/27/10 Marketing radio frequency devices that are not correctly labeled
Not dis-closed
Emergency locator trans-mitters
N/A N/A $7,200 (Consent Decree)
Oklahoma Independent RSA 5 Partnership
8/30/10 Failing to offer at least 50% of handset models with an M3 rating for RF interfer-ence to meet hearing aid compatibility obligations
N/A Digital wireless handsets $15,000 N/A $15,000
TX-10 Licensee, LLC dba Cellular One
8/30/10 Failing to offer at least 50% of handset models with an M3 rating for RF interfer-ence to meet hearing aid compatibility obligations
N/A Digital wireless handsets $15,000 N/A $15,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
20
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2010
OK-5 Licensee Co., LLC 8/30/10 Failing to offer at least 50% of handset models with an M3 rating for RF interfer-ence to meet hearing aid compatibility obligations
N/A Digital wireless handsets $15,000 N/A $15,000
Callaway Golf Company 10/5/10 Marketing of devices that had not been properly tested and a battery charger on one model did not meet field strength limits
2 Hand-held range finding devices
N/A N/A $10,000 (Consent Decree)
VisionTek Products, LLC 10/14/10 Failing to comply with V-Chip technology requirements
1 Digital television tuners N/A N/A $15,000 (Consent Decree)
Cbeyond Communications, LLC
10/26/10 Failing to file hearing aid compatibility status report and violating web site posting requirements
N/A Wireless phones $12,000 N/A $12,000
IDT Telecom, Inc. 10/26/10 Failing to file hearing aid compatibility status report and violating web site posting requirements
N/A Wireless phones $12,000 N/A $12,000
MGA Entertainment, Inc. 10/26/10 Failing to file hearing aid compatibility status report
N/A Wireless phones $6,000 N/A $6,000
Total Call Mobile, Inc. 10/26/10 Failing to file hearing aid compatibility status report and violating web site posting requirements
N/A Wireless phones $12,000 N/A $12,000
Lightyear Network Solu-tions, LLC.
11/22/10 Failing to file hearing aid compatibility status report and violating web site posting requirements
N/A Wireless phones $12,000 N/A $12,000
East Buchanan Telephone Cooperative
12/1/10 Failing to offer the required number of digital wireless handsets that meet hear-ing aid compatibility standards
N/A Wireless phones $45,000 N/A $45,000
RF Linx Corporation 12/8/10 Marketing unauthorized and non-com-pliant external radio frequency power amplifiers
N/A Radio frequency power amplifiers
$7,500 N/A $7,500 (Consent Decree)
Maximum Communica-tions Cellular, LLC
12/27/10 Failing to offer the required number of digital wireless handsets that meet hear-ing aid compatibility standards
N/A Wireless phones $7,500 N/A $7,500 (Consent Decree)
Indigo Wireless, Inc. 12/30/10 Failing to offer the required number of digital wireless handsets that meet hear-ing aid compatibility standards
N/A Wireless phones $39,000 N/A—Proposed forfeiture amount includes $9,000 upward adjustment for extended period of non-compliance
$39,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
21
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2010
STi Prepaid, LLC 12/30/10 Failing to offer the required number of digital wireless handsets that meet hear-ing aid compatibility standards , failing to file hearing aid compatibility status report and failing to meet web site post-ing requirements
N/A Wireless phones $34,500 N/A—Proposed forfeiture amount includes $7,500 upward adjustment for extended period of non-compliance
$34,500
Epic Touch Co., Inc. 12/30/10 Failing to offer the required number of digital wireless handsets that meet hear-ing aid compatibility standards
N/A Wireless phones $19,500 N/A—Proposed forfeiture amount includes $4,500 upward adjustment for extended period of non-compliance
$19,500
Sandhill Communications 12/30/10 Failing to offer the required number of digital wireless handsets that meet hear-ing aid compatibility standards
N/A Wireless phones $15,000 N/A $15,000
Champaign Telephone Company d/b/a CT Com-munications, Inc.
12/30/10 Failing to file hearing aid compatibility status report
N/A Wireless phones $6,000 N/A $6,000
Total 2010 $612,200
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
22
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2011
ACS Wireless, Inc. 1/19/11 Failing to file hearing aid compatibility status report and violating web site posting requirements
N/A Wireless phones and services
$12,000 Downward adjustment of $3,500 from initial FCC proposal in January 2010
$8,500 (Consent Decree)
Cricket Communications, Inc.
2/1/11 Providing false information to the FCC N/A Microwave radio services $20,000 N/A $20,000
Shenzhen Tangreat Tech-nology Co., Ltd.
2/9/11 Marketing frequency jamming equipment and marketing an RF device different than was approved under FCC authoriza-tion
1 Wireless jamming device $112,500 FCC order for administrative hearing to deter-mine revocation of equipment authorization and forfeiture amount up to $112,500
N/A
Utah Broadband 2/11/11 Operating intentional radiators in viola-tion of Part 15 rules and the devices' equipment authorization
2 Unlicensed UNII transmis-sion systems
$25,000 Proposed forfeiture includes $10,000 upward adjustment; FCC did not calculate the for-feiture on a per-device basis because of the particulars of this case
$25,000
AT&T, Inc. 2/17/11 Operating intentional radiators in viola-tion of Part 15 rules and the devices' equipment authorization
1 Unlicensed UNII transmis-sion system
$25,000 Proposed forfeiture includes $10,000 upward adjustment
$25,000
Pantech Wireless, Inc. 2/17/11 Noncompliance with digital wireless handset deployment requirements and failing to file hearing aid compatibility status report and violations of web site posting requirements
N/A Wireless phones $50,000 N/A $50,000 (Consent Decree)
PreSonus Audio Electron-ics, Inc.
4/28/11 Marketing unauthorized devices N/A Class B digital audio RF devices
$125,000 N/A $125,000 (Consent Decree)
Luxul Wireless, Inc. 5/20/11 Marketing unauthorized and non-compli-ant devices
N/A External RF power ampli-fiers
$18,200 N/A $18,200 (Consent Decree)
SmartLabs, Inc. 6/1/11 Marketing unauthorized RF device 1 Wireless Remote Control $10,000 Proposed forfeiture includes $3,000 upward adjustment based on the nature and duration of the violation
$10,000
Cincinnati Bell Wireless LLC
6/9/11 Failing to offer handsets adequate to meet hearing aid compatibility inductive coupling requirements
N/A Wireless phones $30,000 N/A $30,000 (Consent Decree)
ReconRobotics, Inc. 7/13/11 Marketing an RF device without an equipment certification
1 Remote-controlled surveil-lance robot
$17,500 N/A $17,500 (Consent Decree)
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
23
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2011
Rapidwave, LLC 7/28/11 Operating intentional radiator in viola-tion of Part 15 rules and the device's equipment authorization, without a license
1 U-NII transmission system $25,000 Proposed forfeiture includes $5,000 for operating unauthorized equipment, $10,000 for operating without and instrument of authorization, and a $10,000 upward adjust-ment for public safety risks associated with the device's interference with an FAA radar system
$25,000
Ayustar Corporation 7/29/11 Operating intentional radiator in viola-tion of Part 15 rules and the device's equipment authorization, without a license
1 U-NII transmission system $25,000 Proposed forfeiture includes $5,000 for operating unauthorized equipment, $10,000 for operating without and instrument of authorization, and a $10,000 upward adjust-ment for public safety risks associated with the device's interference with an FAA radar system
$25,000
Sling Broadband, LLC 7/29/2011 (NAL); 9/19/2011 (forfeiture order)
Operating intentional radiator in violation of Part 15 rules and without a license
1 U-NII transmission system $20,000 Proposed forfeiture includes $10,000 for op-erating without and instrument of authoriza-tion and $10,000 upward adjustment for pub-lic safety risks associated with the device's interference with an FAA radar system.
$20,000
Marshall Amplification PLC
8/30/11 Marketing Class B digital audio RF device without mandatory disclosures in the user manual
1 Digital audio music devices $7,200 Proposed forfeiture includes FCC’s consider-ation and dismissal of a $3,000 downward adjustment it has applied in similar cases of authorized devices marketed without required consumer disclosures in favor of a $7,200 forfeiture. The FCC stated that consistent with the Forfeiture Policy State-ment, large or highly profitable entities, such as Marshall, should expect forfeitures higher than those reflected in the base amounts.
$7,200
Kaplan Telephone Com-pany, Inc. d/b/a Pace Communications
9/28/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
1 missing Wireless phones $19,500 Proposed forfeiture includes $4,500 upward adjustment for continuing nature of violation over 7 month period
$19,500
Hauppauge Computer Works, Inc.
10/14/11 Sale of television receivers without DTV reception capability
7 Analog-only televisions $175,000 $175,000 forfeiture proposed in 4/15/2009 NAL
$55,000 (Consent Decree)
Keystone Wireless, LLC d.b.a. Immix
10/28/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
5 missing Wireless phones $100,000 Proposed forfeiture includes $25,000 upward adjustment for continuing nature of violation over 11 months
$100,000
Missouri RSA 5 Partner-ship d/b/a Chariton Valley Wireless Services
10/28/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
4 missing Wireless phones $82,500 Proposed forfeiture includes $22,500 upward adjustment for continuing nature of violation over 10 months
$82,500
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
24
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2011
OTZ Telecommunications, Inc.
11/9/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless phones $13,000 N/A $13,000 (Consent Decree)
Custom Interface Tech-nologies
11/17/11 Manufacturing and marketing unauthor-ized radio frequency devices
2 models Video assist transmitters $14,000 N/A $14,000
Net One International 12/9/11 Violating an Enforcement Bureau order to produce information and documents in response to a Letter of Inquiry
N/A N/A $25,000 Proposed forfeiture includes $21,000 upward adjustment for conduct deemed egregious, intentional, and continuous
$25,000
Sprocket Wireless, L.L.C. 12/14/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless phones $50,000 N/A $50,000 (Consent Decree)
Affordable Phone Ser-vices, Inc.
12/23/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $30,000 N/A $30,000
Airfire Wireless 12/23/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $30,000 N/A $30,000
Caprock Cellular Limited Partnership
12/23/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
1 missing Wireless phones $15,000 N/A $15,000
i wireless 12/23/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $39,000 Proposed forfeiture includes $9,000 upward adjustment for the duration of the viola-tion and potentially significant impact on consumers with hearing loss
$39,000
Big Sky Mobile 12/23/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
1 missing Wireless phones $21,000 Proposed forfeiture includes $7,000 upward adjustment for the duration of the violation
$21,000
General Communication, Inc.
12/28/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $51,000 Proposed forfeiture includes $21,000 upward adjustment for the duration of the violation, GCI's ability to pay the proposed forfeiture, and the potentially significant impact on consumers with hearing loss
$51,000
Maximum Communica-tions Cellular, LLC
12/28/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $30,000 N/A $30,000
NEP Cellcorp, Inc. 12/28/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
1 missing Wireless phones $25,500 Proposed forfeiture includes $10,500 upward adjustment for the duration of the violation and history of non-compliance
$25,500
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
25
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2011
Centennial Communica-tions Corporation
12/29/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $75,000 Proposed forfeiture includes $45,000 upward adjustment for CCC's status as a Tier II carrier, ability to pay, history of noncompli-ance, and potentially significant impact on consumers with hearing loss
$75,000
Locus Telecommunica-tions, Inc.
12/29/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
1 missing Wireless phones $25,500 Proposed forfeiture includes $10,500 upward adjustment for the duration of the violation, Locus’s ability to pay, and the potentially significant impact on consumers with hearing loss
$25,500
MetTel 12/29/11 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $48,000 Proposed forfeiture includes $18,000 upward adjustment for the duration of the violation, MetTel’s ability to pay, and the potentially significant impact on consumers with hearing loss
$48,000
Total 2011 $1,155,400
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
26
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2012
Hawking Technologies, Inc.
1/13/12 Marketing RF devices in a manner inconsistent with Hawking's equipment authorization and FCC rules
1 External RF Power ampli-fiers
$50,000 Consent decree agreement entered after seeking reconsideration of initial $50,000 forfeiture with a $43,000 upward adjustment for (i) the substantial number of ampli-fiers sold; (ii) continuous violations over 12-months, and (iii) previous forfeiture for violating the same rule
$50,000 (Consent Decree)
LDC Telecommunications, Inc.
1/18/12 Failing to respond to an Enforcement Bureau letter of inquiry
N/A N/A $25,000 N/A $25,000
US Jetting, Inc. 1/20/12 Marketing unauthorized RF devices 1 Wireless handheld remote controller for high-pressure water jetting equipment
$8,400 Proposed forfeiture includes $1,400 upward adjustment for the duration of the violation
$8,400
Epic Touch Company, Inc. 2/27/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $30,000 In 2008, the FCC issued a Notice of Apparent Liability to Epic Touch for $30,000
$22,500
American Music and Sound
3/2/12 Marketing of unauthorized Class A digital audio radio frequency devices
Unknown Digital multitrack record-ers, live recording mixers, and stereo rack monitors
$72,000 N/A $72,000 (Consent Decree)
Insight Consulting Group of Kansas City, LLC
3/23/12 Operating unlicensed intentional radia-tors and not in accordance with Part 15 rules
2 Unlicensed U-NII transmis-sion system
$17,000 Previously proposed forfeiture of $17,000 is reduced by $1,000 based on Insight's in-ability to pay
$16,000
VPNet, Inc. 3/23/12 Operating unlicensed intentional radia-tors and not in accordance with Part 15 rules
1 Unlicensed U-NII transmis-sion system
$15,000 Proposed forfeiture includes a $5,000 upward adjustment for additional violation of FCC rules for use of an unauthorized antenna
$15,000
N/A - Internet Search Provider
4/13/12 Failing to respond to an Enforcement Bureau letter of inquiry and related FCC requests for documents and information
N/A N/A $25,000 Proposed forfeiture includes a $21,000 upward adjustment for deliberate failure to cooperate with FCC inquiries and ability to pay
$25,000
T-Mobile USA, Inc. 4/13/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Up to 4 missing during various reporting periods
Wireless phones $819,000 Proposed forfeiture amount based on per-month calculation of shortages plus a $39,000 upward adjustment based on T-Mobile's ability to pay
$819,000
The Antique Radio Col-lector
4/13/12 Marketing unauthorized RF devices 1 AM radio transmitter kit assemblies
$7,000 Consent decree agreement entered after seeking reconsideration of initial $7,000 forfeiture based on inability to pay
$130 (Consent Decree)
ETI Sound Systems, Inc. 5/11/12 Marketing unauthorized RF devices non-compliant with FCC technical standards
Unknown Guitar amplifiers, CD/MP3 players, and active speaker systems
$34,000 N/A $34,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
27
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2012
Ztar Mobile, Inc. 5/11/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless phones $33,600 N/A--Additional matters included in the consent decree include CPNI violations
$33,600
Vision Latina Broadcast-ing, Inc.
6/14/12 Knowingly making false statements to the FCC
N/A N/A $25,000 N/A $25,000
A Radio Company, Inc. 6/15/12 Failing to comply with the terms of an FCC order and consent decree
N/A N/A $25,000 N/A--FCC rejected A Radio, Inc.'s claims that it lacks the ability to pay the proposed $25,000 forfeiture
$25,000
Corr Wireless Communica-tions, LLC
7/6/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
2 missing Wireless phones $30,000 Downward adjustment of $10,000 based on Corr's atypical size for a Tier III carrier
$20,000
Elgato Systems LLC 7/13/12 Improper labeling of RF device 1 Broadcast television receiver
$2,800 N/A $2,800 (Consent Decree)
The Chamberlain Group, Inc.
7/31/12 Marketing unauthorized RF devices 4 Wireless portable intercoms Wireless indoor/outdoor intercoms, Wireless front doorbell & intercom, Wire-less driveway alert
$35,000 N/A $35,000 (Consent Decree)
Fender Musical Instru-ments Corporation
8/13/12 Marketing non-compliant and unauthor-ized digital RF devices and improper filing of Customs declaration forms
Unknown Bass amplifiers, Pre-ampli-fiers, Tuners, Audio mixers, Wireless microphones, Accessories
$265,000 N/A $265,000 (Consent Decree)
Smith Bagley, Inc./Cel-lular One
8/14/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless Phones $65,000 N/A $65,000 (Consent Decree)
Silicondust USA, Inc. 8/20/12 Improper labeling of RF device 1 Broadcast television receiver
$2,800 N/A $2,800 (Consent Decree)
HTC America, Inc. HTC Corporation"
9/19/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless Phones $515,000 N/A $515,000 (Consent Decree)
AT&T, Inc. 9/27/12 Operation of interference-causing U-NII equipment in violation of FCC rules
1 U-NII equipment $25,000 Proposed forfeiture amount includes $10,000 upward adjustment based on AT&T's ability to pay
$25,000
Skybeam Acquisition Corporation
9/27/12 Operation of U-NII equipment without a license and in violation of FCC rules
1 U-NII equipment $15,000 N/A $15,000
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
28
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2012
TelAlaska Cellular, Inc. 10/12/12 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless Phones $55,000 N/A $55,000 (Consent Decree)
American Samoa Telecom-munications Authority
10/19/12 Failure to comply with hearing aid compatibility status report filing require-ments
7 missing reports
Wireless Phones $6,000 Affirmation of prior proposed forfeiture; arguments to reduce the proposed $6,000 forfeiture amount were rejected by the FCC
$6,000
Leetek America, Inc. 11/2/12 Marketing unauthorized pager transmit-ter system
1 Pager transmitter system $14,000 Affirmation of prior forfeiture decision where Leetek successfully argued that only 1 unauthorized transmitter model was offered for sale
$7,000
Inter Tech FM 12/4/12 Marketing unauthorized FM broadcast transmitter
1 FM broadcast transmitters $18,000 Affirmation of prior proposed forfeiture of $7,000 for marketing violation and $11,000 for false representations
$18,000
LawMate Technology Co., Ltd.
12/6/12 Marketing uncertified RF devices 4 Wireless video transmitters $14,000 Affirmation of prior proposed forfeiture; arguments to reduce the proposed $14,000 forfeiture amount were rejected by the FCC
$14,000
LOUD Technologies, Inc. 12/13/12 Marketing mislabeled and unauthorized digital RF devices
Unknown Powered loudspeakers, Non-powered mixers, Com-pact mixers, Active speaker systems
$85,000 N/A $85,000 (Consent Decree)
Total 2012 $2,301,230
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
29
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2013
Directlink, LLC 1/3/13 Operating U-NII device not in accor-dance with its equipment authorization or Part 15
1 U-NII device $15,000 Adjusted upward by $10,000 because opera-tion posed public safety risks
$25,000
Inter Tech FM 1/16/13 Marketing without authorization Unknown FM broadcast transmitters
External RF power ampli-fiers
$22,000 N/A $22,000
Technical Communication Network, LLC
2/7/13 Failing to produce information and docu-ments in response to LOI
N/A N/A $4,000 Adjusted upward because misconduct of ignoring FCC was egregious, intentional and continuous
$25,000
Argos Net, Inc. 2/12/13 Operating unlicensed intentional radia-tors and not in accordance with Part 15 rules
2 Unlicensed U-NII transmis-sion system
$25,000 Proposed forfeiture includes a $5,000 upward adjustment for ignoring previous FCC warn-ings; subsequently reduced by $5,000 for prior history of compliance
$20,000
Kustom Musical Amplifi-cation, Inc. d/b/a Hanser Music Group
3/18/13 Marketing and importing digital RF devices
Unknown Guitar amplifiers, Speaker systems, Microphones, Footswitches
$14,500 N/A $14,500 (Consent Decree)
N/A - Wireless Service Provider
4/9/13 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless handsets $65,000 N/A $65,000 (Consent Decree)
New Sensor Corporation d/b/a Electro Harmonix
4/22/13 Marketing and importing digital RF devices
Unknown Bass amplifiers, Pre-ampli-fiers, Bass pedals, Digital delay and loop carriers, Vocal processors
$450,000 N/A $450,000 (Consent Decree)
Kyocera Communications, Inc.
5/1/13 Failing to timely file hearing aid compat-ibility status report
1 missing Wireless handsets $12,000 Proposed forfeiture is adjusted upward from $6,000 because Kyocera has high revenues and ability to pay
$12,000
Pulse Mobile, LLC & Tele-Guam Holdings, LLC
6/21/13 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless handsets $280,000 N/A $280,000 (Consent Decree)
Aradigm Communications, Inc. dba Airfire Mobile
6/21/13 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless handsets $260,000 N/A $260,000 (Consent Decree)
Towerstream Corporation 8/6/13 Operating U-NII devices in a manner inconsistent with Part 15
7 U-NII devices/broadband wireless transceiver
$192,000 Upward adjustment due to causing interfer-ence with public safety (TDWR systems)
$202,000
Puerto Rico Telephone Company, Inc. d/b/a Claro
8/14/13 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless handsets $162,500 N/A $162,500 (Consent Decree)
Company Date Violation Number Type of device Proposed Adjustments Enforcement of Models Forfeiture Amount
30
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.
Contact us: [email protected] or [email protected]
Fish
2013
Digital Antenna, Inc. 8/30/13 Failing to respond to FCC letter of inquiry regarding marketing of cellular boosters/repeaters
Unknown Cellular boosters/repeaters $5,000 N/A $5,000 (Consent Decree)
Cordova Wireless Com-munications, LLC
9/13/13 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless handsets $35,000 N/A $35,000 (Consent Decree)
Northeast Telephone Services, Inc.
9/24/13 Failing to timely file hearing aid compat-ibility status report
Unknown Wireless handsets $6,000 $6,000 base is adjusted downward for prompt voluntary disclosure
$5,400
N/A - Wireless Service Provider
9/25/13 Failing to offer required number of digi-tal wireless handsets that meet hearing aid compatibility standards
Unknown Wireless handsets $100,000 N/A $100,000 (Consent Decree)
Gallien Technology, Inc. d/b/a Gallien-Krueger
11/14/13 Marketing digital radio frequency devices in violation of technical and labeling requirements
Unknown Digital devices such as bass amplifiers
$18,500 N/A $18,500 (Consent Decree)
Ayustar Corporation 11/18/13 Operating U-NII device without required DFS radar detection
Unknown U-NII devices $6,000 N/A $6,000 (Consent Decree)
VPNet, Inc. 11/21/13 Operating U-NII device in a manner inconsistent with Part 15 and the equip-ment authorization
Unknown U-NII device $9,000 N/A $9,000 (Consent Decree)
Rane Corporation 12/23/13 Marketing of digital radio frequency devices, including failure to label and include consumer disclosure statements in user manuals
Unknown Digital devices such as amplifiers, compressors, equalizers and mixers
$61,500 N/A $61,500 (Consent Decree)
Total 2013 $1,778,400
31
© Copyright 2014 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this document has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.Fish
Contact Us Fish & Richardson Communications and Spectrum Regulation Group
Terry G. MahnPrincipal
Washington, DC
202-626-6421
Donna A. Balaguer, CIPP/USPrincipal
Washington, DC
202-783-5070