Post by jangel on Aug 4, 2009 9:22:15 GMT -5
FCC ISSUES CITATION TO PART 15 MARKETER
On July 28, the FCC issued a Citation to Hobby Lobby International (HLI)
<http://www.hobby-lobby.com/> for marketing non-compliant radio
frequency devices
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.pdf>.
According to the Commission, these devices were in violation of the
Communications Act of 1934, As Amended and the Commission's Rules, as
well as United States Customs and Border Patrol regulations.
On March 5, the Spectrum Enforcement Division of the Commission's
Enforcement Bureau sent HLI a Letter of Inquiry, initiating an
investigation. The FCC wanted to know if the Tennessee-based company was
marketing an unauthorized radio frequency device, specifically, the
Pilot View FPV 2400 video transmitter
<http://www.rcgroups.com/forums/showthread.php?t=858566>. According to
the Citation, the FCC observed that the device was marketed on the
retailer's Web site.
HLI responded to the Letter of Inquiry on May 7, telling the FCC that
they began selling the Pilot View FPV 2400 video transmitter on May 12,
2008; they have sold 109 units of the device in the United States. In
its reply, the company told the FCC that the manufacturer of the
transmitter, Intelligent Flight, an Australian company, represented to
them that the device was FCC compliant. HLI admitted they imported the
transmitters, but did not file any FCC Form 740s for the imported units
(before radio frequency devices may be imported to the United States, an
FCC Form 740 [or the electronic equivalent] must be filed with the
United States Customs and Border Patrol). According to the Citation, HLI
stated that the last date that a transmitter was received was November
17, 2008, which is around the time that HLI's contact at Intelligent
Flight stopped responding to their requests for further information
concerning the device.
The FCC noted that HLI sent a unit to a test lab prior to receiving the
Letter of Inquiry. "After receiving the Letter of Inquiry, HLI contacted
the test lab to inquire about the test results and learned, for the
first time, that the device is not FCC compliant," the Citation said.
"HLI provide[d] a copy of the test results, which indicate that the
device substantially exceeds FCC radiated emission limits. HLI state[d]
that [they] discontinued selling this device as soon as it became aware
that the device was not FCC compliant."
The FCC said "it appears that HLI violated Section 302(b) of the Act and
Sections 2.803 and 15.209 of the Rules by marketing in the United States
the Pilot View FPV 2400 transmitter. It also appears that HLI violated
Section 2.1203 of the Rules by importing the Pilot View FPV 2400
transmitter without making the required import declaration."
HLI was warned that "if, after receipt of this citation, you violate the
Communications Act or the Commission's Rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$16,000 for each such violation or each day of a continuing violation."
The company was given 30 days to respond to the Citation either through
a personal interview at the Commission's Field Office nearest to your
place of business or a written statement. HLI was advised that any
response should specify the actions that they are taking to ensure that
they do not violate the Commission's Rules governing the marketing and
importing of radio frequency equipment in the future.
On July 28, the FCC issued a Citation to Hobby Lobby International (HLI)
<http://www.hobby-lobby.com/> for marketing non-compliant radio
frequency devices
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1626A1.pdf>.
According to the Commission, these devices were in violation of the
Communications Act of 1934, As Amended and the Commission's Rules, as
well as United States Customs and Border Patrol regulations.
On March 5, the Spectrum Enforcement Division of the Commission's
Enforcement Bureau sent HLI a Letter of Inquiry, initiating an
investigation. The FCC wanted to know if the Tennessee-based company was
marketing an unauthorized radio frequency device, specifically, the
Pilot View FPV 2400 video transmitter
<http://www.rcgroups.com/forums/showthread.php?t=858566>. According to
the Citation, the FCC observed that the device was marketed on the
retailer's Web site.
HLI responded to the Letter of Inquiry on May 7, telling the FCC that
they began selling the Pilot View FPV 2400 video transmitter on May 12,
2008; they have sold 109 units of the device in the United States. In
its reply, the company told the FCC that the manufacturer of the
transmitter, Intelligent Flight, an Australian company, represented to
them that the device was FCC compliant. HLI admitted they imported the
transmitters, but did not file any FCC Form 740s for the imported units
(before radio frequency devices may be imported to the United States, an
FCC Form 740 [or the electronic equivalent] must be filed with the
United States Customs and Border Patrol). According to the Citation, HLI
stated that the last date that a transmitter was received was November
17, 2008, which is around the time that HLI's contact at Intelligent
Flight stopped responding to their requests for further information
concerning the device.
The FCC noted that HLI sent a unit to a test lab prior to receiving the
Letter of Inquiry. "After receiving the Letter of Inquiry, HLI contacted
the test lab to inquire about the test results and learned, for the
first time, that the device is not FCC compliant," the Citation said.
"HLI provide[d] a copy of the test results, which indicate that the
device substantially exceeds FCC radiated emission limits. HLI state[d]
that [they] discontinued selling this device as soon as it became aware
that the device was not FCC compliant."
The FCC said "it appears that HLI violated Section 302(b) of the Act and
Sections 2.803 and 15.209 of the Rules by marketing in the United States
the Pilot View FPV 2400 transmitter. It also appears that HLI violated
Section 2.1203 of the Rules by importing the Pilot View FPV 2400
transmitter without making the required import declaration."
HLI was warned that "if, after receipt of this citation, you violate the
Communications Act or the Commission's Rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$16,000 for each such violation or each day of a continuing violation."
The company was given 30 days to respond to the Citation either through
a personal interview at the Commission's Field Office nearest to your
place of business or a written statement. HLI was advised that any
response should specify the actions that they are taking to ensure that
they do not violate the Commission's Rules governing the marketing and
importing of radio frequency equipment in the future.