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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Datel Design and Development, Inc.   )  File No. EB-03-SE-193
Clearwater, Florida             )    NAL/Acct. No. 200432100007
                                )    FRN   0010120269
                                )    
                                   

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

     Adopted:  December 31, 2003        Released:    January   2, 
2004  

By the Chief, Enforcement Bureau:
 
                        I.  INTRODUCTION

1.        In this  Notice of  Apparent Liability  for  Forfeiture 
  (``NAL''),  we   find  Datel  Design   and  Development,   Inc. 
  (``Datel'') apparently  liable for a  forfeiture in the  amount 
  of  ten thousand  dollars ($10,000)  for willful  and  repeated 
  violation of Section 302(b) of the Communications Act of  1934, 
  as   amended   (``Act''),1  and   Section   2.803(a)   of   the 
  Commission's Rules (``Rules'').2  The noted violations  involve 
  Datel's  importing   and  marketing  of  approximately   15,000 
  thousand units of  the Datel Talknet USB Headset, Model  Number 
  DUS0049, that do  not comply with the radiated emission  limits 
  set forth in Part 15 of the Rules. 

                         II.  BACKGROUND

2.        The Talknet  USB Headsets  involved in  this case  were 
  manufactured  outside the  United States.   Datel imported  and 
  marketed the  headsets in the United  States.  The Talknet  USB 
  Headsets   involved in  this  case are  classified  as  digital 
  devices.3    Digital devices  such as  those involved  in  this 
  case are Class B digital devices.  A Class B digital device  is 
  defined as ``[a] digital  device that is marketed for use in  a 
  residential  environment  notwithstanding  use  in  commercial, 
  business  and  industrial  environments.''4   Class  B  digital 
  devices  are required  to  comply with  the  radiated  emission 
  limits specified by Section 15.109(a) of the Rules. 5

3.        On August 6,  2003, the  Enforcement Bureau's  Spectrum 
  Enforcement  Division  received a  complaint  about  the  Datel 
  Talknet  USB  Headset.   The  complaint  alleged  that  Datel's 
  Talknet USB  Headset was  being marketed in  the United  States 
  but  did   not  comply  with   the  radiated  emission   limits 
  prescribed  by Section  15.109(a)  of  the Rules  for  Class  B 
  digital devices.   The complaint further  alleged that  because 
  of the  excessive radiated emissions,  the Talknet USB  Headset 
  could   not  have   been  verified   as  complying   with   the 
  Commission's  technical standards,  and therefore,  importation 
  into the  United States  was in violation  of the  Commission's 
  rules.  Moreover,  the complaint alleged  that the Talknet  USB 
  Headset  does not  bear  a FCC  certification  or  verification 
  label in  violation of Section 15.19  of the Rules.6   Finally, 
  the complaint alleged that the Talknet manual does not  contain 
  an FCC  Part 15 statement as  is required by Section  15.105(b) 
  of  the Rules.7   On August  27, 2003,  the Enforcement  Bureau 
  sent Datel a letter of inquiry (``LOI'').  

4.        In its initial response dated September 10, 2003, Datel 
  stated that  it was  solely a  distributor of  the Talknet  USB 
  Headset, and that it did not manufacture or design the  device, 
  although it  did import  and market  the device  in the  United 
  States.   Datel  also stated  that  upon  assurances  from  the 
  manufacturer and its  observations of competitive products,  it 
  believed that the Talknet USB Headset met or exceeded  relevant 
  FCC requirements.   Datel further stated  that it had  imported 
  approximately 15,000  units for sale in  the United States  and 
  since  July,  2003,  had  shipped  12,000  units  to   customer 
  distribution warehouses.  Datel also stated that it had  halted 
  further shipments of the Talknet USB Headset until this  matter 
  was  resolved.  Finally,  Datel stated  that  it would  send  a 
  supplemental response  to answer other  questions posed by  the 
  LOI once it received information from its manufacturer.

5.        On September 18, 2003, Datel supplemented its response.  
  In the  supplement, Datel  stated that inquiries  were made  in 
  Europe regarding whether  FCC compliance was necessary for  the 
  Talknet USB  Headset and it concluded  that because the  device 
  was  a USB  device, it  was not  necessary to  have the  device 
  independently tested.  Nevertheless,  Datel stated that it  had 
  decided to  have the Talknet  USB Headset independently  tested 
  in the United States for FCC compliance as a Class B device.

6.        Subsequently, Datel submitted  a test report  completed 
  for the Talknet USB Headset from an independent test lab.   The 
  test report  indicated that the  Talknet USB Headset  initially 
  did not comply with  the radiated emission limits set forth  in 
  Section 15.109(a) of the Rules, but complied with these  limits 
  after certain modifications were made to the device.  

7.        On December 12, 2003,  the FCC's Office of  Engineering 
  and  Technology Laboratory  (``OET Lab'')  conducted  emissions 
  tests on  a Talknet  USB Headset, Model  DUS0049, purchased  by 
  the Enforcement Bureau.   The OET Lab's test results  indicated 
  that  the  Talknet  USB  Headset  significantly  exceeded   the 
  radiated emission limits in Section 15.109(a) of the Rules.

                           III.  DISCUSSION

          8.    Section 302(b)  of the Act  provides that  ``[n]o 
person shall manufacture, import, sell,  offer for sale, or  ship 
devices or home electronic equipment and systems, or use devices, 
which fail  to comply  with regulations  promulgated pursuant  to 
this section.''  Section 2.803(a)(2) of the Rules provides that: 

          Except as provided elsewhere  in this section,  no 
          person shall sell or lease,  or offer for sale  or 
          lease (including advertising  for sale or  lease), 
          or import, ship, or distribute for the purpose  of 
          selling or leasing or offering for sale or  lease, 
          any radio  frequency device  unless ...  [i]n  the 
          case of a device  that is not  required to have  a 
          grant of  equipment  authorization issued  by  the 
          Commission,  but  which   must  comply  with   the 
          specified technical standards  prior to use,  such 
          device   also   complies   with   all   applicable 
          administrative  (including  verification  of   the 
          equipment or authorization under a Declaration  of 
          Conformity, where  required), technical,  labeling 
          and identification requirements specified in  this 
          chapter.

          9.   Datel admits  that it  imported and  marketed  the 
Talknet USB Headset.  As  the importer and  seller, Datel is  the 
party responsible under  Section 2.909(b) of  the Rules8 for  the 
compliance  of  these  devices  with  the  applicable   technical 
standards.   Datel  had  independent  emissions  tests  conducted 
during which it was  determined that modifications were  required 
to achieve positive test results.   Moreover, the OET Lab  tested 
the Talknet  USB Headset  and  determined that  it  significantly 
exceeded the radiated  emissions limits in  Section 15.109(a)  of 
the  Rules.   We  conclude  that,  by  importing  and   marketing 
noncompliant devices, Datel apparently violated Section 302(b) of 
the Act  and  Section 2.803(a)(2)  of  the Rules  willfully9  and 
repeatedly. 10

          10.  Section  503(b)   of   the  Act   authorizes   the 
Commission to assess  a forfeiture for  each willful or  repeated 
violation of the Act or of any rule, regulation, or order  issued 
by the Commission under the Act.11  In exercising such authority, 
we are required to take into account ``the nature, circumstances, 
extent, and gravity  of the  violation and, with  respect to  the 
violator,  the  degree  of  culpability,  any  history  of  prior 
offenses, ability to pay, and  such other matters as justice  may 
require.''12

          11.  Pursuant to  The  Commission's  Forfeiture  Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate  the  Forfeiture   Guidelines  (``Forfeiture   Policy 
Statement'')13  and  Section  1.80  of  the  Rules,14  the   base 
forfeiture  amount   for   the  importation   or   marketing   of 
noncompliant equipment is $7,000.  This would be the  appropriate 
base forfeiture amount for a single importation or sale.  In this 
case, Datel imported 15,000 units  and sold 12,000 units.   Given 
the number of  units involved, we  find that an  increase in  the 
base forfeiture  amount  is apparently  warranted.   Accordingly, 
applying the Forfeiture Policy Statement and statutory factors to 
the instant case, we conclude that Datel is apparently liable for 
a $10,000 forfeiture.

     12.  Further, pursuant  to  Section  403 of  the  Act,15  we 
direct Datel to submit a report to the Enforcement Bureau  within 
30 days of the release of this NAL which identifies all retailers 
and other  entities to  which  it distributed  the  non-compliant 
Talknet USB Headsets, provides a  contact person and address  for 
each such retailer or entity, states the total number of  Talknet 
USB Headsets sold to each such retailer or entity, and  describes 
what steps, if  any, Datel  intends to  take to  remove the  non-
compliant devices from the marketplace and to ensure that similar 
violations do not occur in  the future.  In addition, the  report 
must specify whether  Datel has begun  shipping modified  Talknet 
USB Headsets and, if  so, indicate how  the modified devices  are 
uniquely identified pursuant to Section 2.1074 of the Rules16  so 
that they  are  readily distinguishable  from  the  non-compliant 
devices.  The  report  must  also  specify   whether  instruction 
manuals which include the requisite Section 15.105(b) language is 
currently being included inside the packaging of the Talknet  USB 
Headsets and whether the modified  devices bear the required  FCC 
labeling of Section 15.19 of the Rules. 

                      IV.  ORDERING CLAUSES

     13.  Accordingly, IT IS ORDERED  that, pursuant to  pursuant 
to Section 503(b) of the Act  and Sections 0.111, 0.311 and  1.80 
of the  Rules,17 Datel  Design and  Development, Inc.  IS  hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of ten thousand  dollars ($10,000) for  willfully and  repeatedly 
violating Section 302(b) of the  Act and Section 2.803(a) of  the 
Rules.

     14.  IT IS FURTHER ORDERED that, pursuant to Section 403  of 
the Act, Datel must submit  the report described in Paragraph  13 
within thirty (30)  days of the  release date of  this Notice  of 
Apparent  Liability  for  Forfeiture  to  Federal  Communications 
Commission, Enforcement  Bureau, Spectrum  Enforcement  Division, 
445 12th  Street,  S.W.,  Room 7-A728,  Washington,  D.C.  20554, 
Attention: Jacqueline Ellington, Esq.

     15.   IT IS FURTHER ORDERED  THAT, pursuant to Section  1.80 
of the Rules, within thirty (30) days of the release date of this 
Notice of  Apparent Liability  for Forfeiture,  Datel Design  and 
Development, Inc.  SHALL  PAY the  full  amount of  the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

          16.  Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the  FCC  Registration  Number   (FRN)  and  the  NAL/Acct.   No. 
referenced in the caption. 

          17.  The response, if any, must be mailed to the Office 
of the  Secretary, Federal  Communications Commission,  445  12th 
Street, S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau  - 
Spectrum Enforcement Division, and must include the NAL/Acct. No. 
referenced in the caption.

     18.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner submits:   (1) federal  tax returns  for the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to  generally accepted  accounting; or  (3) some  other 
reliable and objective documentation that accurately reflects the 
petitioner's current financial status.  Any claim of inability to 
pay must  specifically  identify  the  basis  for  the  claim  by 
reference to the financial documentation submitted.

      19. Requests for payment of the full amount of this  Notice 
of Apparent Liability  for Forfeiture under  an installment  plan 
should be  sent  to:  Chief, Revenue  and  Receivable  Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.18

     20.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to be sent  to the Enforcement Bureau -  Spectrum 
Enforcement Division.  Your certification should indicate whether 
you, including your parent entity and its subsidiaries, meet  one 
of the definitions set  forth in the list  provided by the  FCC's 
Office of  Communications Business  Opportunities (``OCBO'')  set 
forth in Attachment A of this Notice of Apparent Liability.  This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b) of the Act.   If you have questions  regarding any of  the 
information contained  in Attachment  A, please  contact OCBO  at 
(202) 418-0990.





     21.  IT IS FURTHER  ORDERED that  a copy of  this Notice  of 
Apparent Liability for  Forfeiture shall be  sent by first  class 
mail and certified mail return receipt requested to Ken  Tarolla, 
Senior Vice  President  and  General Manager,  Datel  Design  and 
Development, Inc., 15500 Lightwave Drive, Suite 101,  Clearwater, 
Florida 33760 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


Attachment A


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                  International Services
International Broadcast 
Stations






                                $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)




_________________________

  1 47 U.S.C.  302a(b).

  2 47 C.F.R.  2.803(a).

  3 Section 15.3(k) of  the Rules, 47 C.F.R.   15.3(k),  defines 
a digital  device  as  ``An  unintentional  radiator  (device  or 
system) that generates  and uses  timing signals or  pulses at  a 
rate in  excess of  9,000  pulses (cycles)  per second  and  uses 
digital techniques;  inclusive of  telephone equipment that  uses 
digital techniques or  any device  or system  that generates  and 
uses radio frequency  energy for the  purpose of performing  data 
processing   functions,   such   as   electronic    computations, 
operations, transformations, recording, filing, sorting, storage, 
retrieval, or transfer.''

  4 Section 15.3(i) of the Rules, 47 C.F.R.  15.3(i).

  5 47 C.F.R.  15.109(a).

  6 See 47 C.F.R.   15.19 (requires labeling of devices  subject 
to FCC certification or verification).

  7 See  47 C.F.R.   15.105(b) (requires  that the  instructions 
furnished to  the  user  of  a Class  B  device  include  certain 
language placed in a prominent location in the text of the user's 
manual).

  8  47 C.F.R.  2.909(b).

  9 Section  312(f)(1) of the Act,  47 U.S.C.  312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful', 
when used with  reference to  the commission or  omission of  any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision  of 
this Act . . . .''   See Southern California Broadcasting Co.,  6 
FCC Rcd 4387-88 (1991).    

  10  Section 312(f)(2)  of the  Act provides  that ``[t]he  term 
`repeated,' ... means the commission or omission of such act more 
than once or, if such  commission or omission is continuous,  for 
more than one day.''  47 U.S.C.  312(f)(2).

  11 47 U.S.C.  503(b).

  12 47 U.S.C.  503(b)(2)(D).

  13  12 FCC  Rcd 17087  (1997),  recon. denied  15 FCC  Rcd  303 
(1999).

  14 47 C.F.R.  1.80.

  15  47 U.S.C.  403.

  16  47 C.F.R.  2.1074.

  17 47 C.F.R.  0.111, 0.311 and 1.80.

  18 See 47 C.F.R.  1.1914.