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

In the Matter of                )
                                )
Samson Technologies, Inc.       )    File No. EB-02-TS-607
                                )    NAL/Acct. No. 200432100008
                                )    FRN 0009-9962-73
                                )    
                                   

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

Adopted:  February 25, 2004             Released:  March 3, 2004

By the Commission:

                        I.  INTRODUCTION

1.        In this  Notice of  Apparent Liability  for  Forfeiture 
  (``NAL''),  we  find  Samson  Technologies,  Inc.  (``Samson'') 
  apparently liable  for a  forfeiture in the  amount of  thirty-
  five  thousand  dollars  ($35,000)  for  willful  and  repeated 
  apparent 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    apparent 
  violations  involve Samson's  importing and  marketing of  five 
  models  of multi-track  music  recording devices  that  do  not 
  comply with the radiated  emission limits set forth in Part  15 
  of the Rules. 

                         II.  BACKGROUND

2.        Zoom  Corporation  (``Zoom''),   a  Japanese   company, 
  manufactured the recording equipment involved in this case  and 
  Samson imported  that equipment and marketed  it in the  United 
  States.   The  recording devices  involved  in  this  case  are 
  classified as digital devices.3  Digital devices such as  those 
  involved  in this  case are  classified as  either Class  A  or 
  Class B digital devices.   A Class A digital device is  defined 
  as  ``[a]  digital  device  that  is  marketed  for  use  in  a 
  commercial, industrial or business environment, exclusive of  a 
  device which  is marketed for use by  the general public or  is 
  intended to be used in the home.''4   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.''5   Class  A  digital 
  devices  must   comply  with  the   radiated  emission   limits 
  specified by Section 15.109(b) of the Rules.6  Class B  digital 
  devices  are  required  to  comply  with  the  more   stringent 
  radiated emission limits specified by Section 15.109(a) of  the 
  Rules. 7

3.        During  February  2002,  the  Commission's  Office   of 
  Engineering  and  Technology  (``OET'')  received  a  complaint 
  about recording equipment  manufactured by Zoom and  designated 
  as the Model  MRS-1044 Zoom MultiTrak Recording Studio  (``MRS-
  1044'').8  The  complaint alleges that  the MRS-1044 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.  In October 2002,  OET 
  referred the complaint  against Zoom to the Enforcement  Bureau 
  (``EB'').  On  January 15,  2003, EB  sent Samson  a letter  of 
  inquiry (``LOI'').9   In its response,  submitted February  13, 
  2003, Samson  states that  Zoom had replaced  the MRS-1044  and 
  MRS-1044CD (a version  of the MRS-1044 which includes a  built-
  in compact  disc recorder) with new  models designated as  MRS-
  1266  and  MRS-1266CD   and  that  Samson  was  importing   and 
  marketing those models.10

4.        On July 7,  2003, EB sent  Samson an additional  LOI.11  
  In its responses, submitted July 28 and August 6, 2003,  Samson 
  states that,  in addition to the  MRS-1266 and the  MRS-1266CD, 
  it  was  importing  and  marketing  similar  recording  devices 
  designated as the MRS-802, MRS-802CD and MRS-4.12  Samson  also 
  states  that it  is the  sole importer  of the  MRS-1266,  MRS-
  1266CD,  MRS-802, MRS-802CD  and MRS-4.   Additionally,  Samson 
  reports that, as of  July 28, 2003, it had acquired 3,180  MRS-
  1266  and MRS-1266CD  units for  sale and  sold 2,596  and  had 
  acquired 1,250  MRS-802 and MRS-802CD units  for sale and  sold 
  1,092;  and that, as  of August  6, 2003, it  had acquired  for 
  sale 10,030 MRS-4 units  and sold 8,330.  With respect to  each 
  of the  five models  of Zoom recording  devices, Samson  states 
  that  the  devices  ``are  not  Class  B  digital  devices  and 
  therefore  do  not  comply  with  radiated  limits  of  Section 
  15.109(a).''  According  to Samson, these  devices are Class  A 
  digital devices  and, as such, comply  with the less  stringent 
  radiated emission  limits of  Section 15.109(b)  of the  Rules.  
  Samson further indicates  that the Zoom recording devices  were 
  authorized for  marketing13 in  the United  States through  the 
  ``verification'' procedure.14   Samson provides  copies of  the 
  verification test  reports for  the MRS-1266  and MRS-4,  which 
  indicate that these  devices comply with the radiated  emission 
  limits prescribed for Class A digital devices but not with  the 
  limits prescribed for Class B digital devices.15

5.        On September 4, 2003, EB sent Samson a third LOI.16  In 
  its  response, received  September  24, 2003,  Samson  concedes 
  that  the MRS-1266,  MRS-1266CD, MRS-802,  MRS-802CD and  MRS-4 
  were being marketed  to the general public for residential  use 
  and were, therefore, Class B digital devices.17  Samson  states 
  that it has taken the following steps to address the  marketing 
  issue:  notifying retailers that they should not sell the  MRS-
  1266, MRS-1266CD, MRS-802, MRS-802CD and MRS-4 for  residential 
  use; discontinuing importation of these devices; repacking  its 
  inventory  of   these  devices   for  shipment   back  to   the 
  manufacturer;  and replacing  the Zoom  recording devices  with 
  new  models that  comply with  the  Class B  radiated  emission 
  limits.18  Samson also states that it will no longer import  or 
  market  any Class  A digital  devices.   Rather, it  will  only 
  import  and  market  devices  that  comply  with  the  Class  B 
  technical standards.

                           III. DISCUSSION

6.         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,  labelling 
          and identification requirements specified in  this 
          chapter.

7.        Samson admits that it imported and marketed the  MRS-4, 
  MRS-802,  MRS-802CD, MRS-1266  and MRS-1266CD.   These  devices 
  are  subject  to self-verification  pursuant  to  our  Rules.19  
  Thus,  as  the  importer  and  seller,  Samson  is  the   party 
  responsible  under Section  2.909(b)  of the  Rules20  for  the 
  compliance  of  these devices  with  the  applicable  technical 
  standards.  Samson  now admits  that the  MRS-4, MRS-802,  MRS-
  802CD,  MRS-1266  and  MRS-1266CD  were  marketed  for  use  in 
  residential environments  and are, therefore,  Class B  digital 
  devices, which  must comply with  the radiated emission  limits 
  set  forth  in  Section  15.109(a)  of  the  Rules.   This   is 
  consistent  with the  record  evidence.  Language  in  Samson's 
  marketing materials clearly  indicates that these devices  were 
  marketed  for home  use.  For  example, Samson  advertised  the 
  MRS-802  as  ``the  most  affordable  complete  home  recording 
  studio ever''  and the  MRS-802CD as ``everything  you need  to 
  make  incredible  sound  recordings  at  home''  and   bringing 
  ``professional  grade  recording tools  to  your  living  room, 
  bedroom,  garage  or where  ever  inspiration  might  strike.''  
  Samson  also admits  that  the MRS-1266,  MRS-1266CD,  MRS-802, 
  MRS-802CD and  MRS-4 do not  comply with the  Class B  radiated 
  emission  limits.     We  conclude  that,   by  importing   and 
  marketing  noncompliant  devices,  Samson  apparently  violated 
  Section 302(b) of the Act and Section 2.803(a)(2) of the  Rules 
  willfully21 and repeatedly. 22

8.        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.23  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.''24

9.        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'')25  and  Section 1.80  of  the  Rules,26  the  base 
  forfeiture  amount   for  the  importation   or  marketing   of 
  noncompliant  equipment  is  $7,000.   In  this  case,   Samson 
  imported  and  sold  five distinct  models.   We  find  that  a 
  forfeiture amount  of $7,000 is  apparently warranted for  each 
  model.  Accordingly,  applying the Forfeiture Policy  Statement 
  and statutory  factors to  the instant case,  we conclude  that 
  Samson is apparently liable for a $35,000 forfeiture.

                      IV.  ORDERING CLAUSES

10.       Accordingly, IT IS ORDERED  that, pursuant to  pursuant 
  to Section  503(b) of the Act  and  Section 1.80 of the  Rules, 
  Samson  Products, Inc.  d/b/a  Samson Manufacturing,  Ltd.,  IS 
  hereby NOTIFIED of  its APPARENT LIABILITY FOR A FORFEITURE  in 
  the  amount  of  thirty-five  thousand  dollars  ($35,000)  for 
  willfully and  repeatedly violating Section  302(b) of the  Act 
  and Section 2.803(a) of the Rules.

11.        IT IS FURTHER ORDERED  THAT, pursuant to Section  1.80 
  of the  Rules, within thirty days of  the release date of  this 
  Notice   of   Apparent   Liability   for   Forfeiture,   Samson 
  Technologies, Inc., SHALL  PAY the full amount of the  proposed 
  forfeiture or SHALL FILE a written statement seeking  reduction 
  or cancellation of the proposed forfeiture.

12.        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. 

13.        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.

14.        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.

15.        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. 20554.27

16.       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.

17.       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  counsel 
  for Samson  Technologies, Inc., Robert J.  Ungar, Esq., Fish  & 
  Richardson, PC,  1445 K Street,  N.W., 11th Floor,  Washington, 
  D.C. 20005.  

                         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  ``[a]n  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 47 C.F.R.  15.3(h).

  5 47 C.F.R.  15.3(i).

  6 47 C.F.R.  15.109(b).

  7 47 C.F.R.  15.109(a).

  8 Letter  from Sharon A. Hoffman,  Timco Engineering, Inc.,  to 
Raymond  LaForge,  Chief  Measurements  and  Calibration  Branch, 
Office of Engineering and Technology (February 28, 2002).

  9 Letter  from Dan  S. Emrick,  Spectrum Enforcement  Division, 
Enforcement Bureau, to  Samson Technologies,  Inc.  (January  15, 
2003).

  10  Letter  from Robert  J.  Ungar,  Esq., to  Dan  S.  Emrick, 
Spectrum Enforcement Division,  Enforcement Bureau (February  13, 
2003).

  11 Letter  from Joseph  P. Casey,  Chief, Spectrum  Enforcement 
Division, Enforcement Bureau, to Robert  J. Ungar, Esq. (July  7, 
2003).

  12 Letters from  Robert J. Ungar, Esq., to Thomas  Fitz-Gibbon, 
Spectrum Enforcement Division,  Enforcement Bureau  (July 28  and 
August 6, 2003).

  13  Section 15.101(a)  of the  Rules,  47 C.F.R.    15.101(a), 
requires that unintentional radiators, such as the Zoom recording 
devices, be authorized by the Commission prior to the  initiation 
of marketing in the United States.

  14  Verification is  a self-authorization  procedure where  the 
manufacturer or the importer, in the case of imported  equipment, 
makes measurements or  takes the necessary  steps to insure  that 
the equipment complies with the appropriate technical  standards.  
See 47 C.F.R.  2.902 and 2.909(b).

  15 The  verification test  reports provided by  Samson for  the 
MRS-802CD only included  tests of the  conducted emission  limits 
(prescribed by 47  C.F.R.   15.107), not  the radiated  emission 
limits.

  16 Letter  from Joseph  P. Casey,  Chief, Spectrum  Enforcement 
Division, Enforcement Bureau, to Robert J. Ungar, Esq. (September 
4, 2003).

  17  Letter from  Robert  J. Ungar,  Esq.,  to Thomas  D.  Fitz-
Gibbon,  Spectrum   Enforcement  Division,   Enforcement   Bureau 
(September 24, 2003).

  18  On December  4,  2003, EB  received  a report  from  Samson 
indicating that it has begun marketing replacement models for the 
MRS-802 and MRS-802CD and that the replacement models comply with 
the Class B radiated emission limits.  Letter from Terry G. Mann, 
Esq., and  Robert J.  Ungar, Esq.,  to Joseph  P. Casey,  Kathryn 
Berthot and Thomas D. Fitz-Gibbon, Spectrum Enforcement Division, 
Enforcement Bureau, and Bruce  Romano, Office of Engineering  and 
Technology ( December 4, 2003).

  19 47 C.F.R.  15.101(a).

  20 47 C.F.R.  2.909(b).

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

  22  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).

  23 47 U.S.C.  503(b).

  24 47 U.S.C.  503(b)(2)(D).

  25  12 FCC  Rcd 17087  (1997),  recon. denied  15 FCC  Rcd  303 
(1999).

  26 47 C.F.R.  1.80.

  27 See 47 C.F.R.  1.1914.