Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                 )
                                )
Tung Shih Technology Co., Ltd.   )    EB Docket No. 05-30
                                )    EB-02-TS-606
Grantee of Equipment             )
Authorizations for               )
Learned Mode Remote Control      )
Transmitter Devices, FCC ID 
Nos. MMORC0196M and MMORMC575


                       ORDER TO SHOW CAUSE 
     
Adopted:  January 26, 2005                        Released:  
January 31, 2005

By the Chief, Enforcement Bureau:

I. INTRODUCTION

        1.     In this Order to Show Cause, we commence a hearing 
   proceeding pursuant to Section 2.939 of the Commission's 
   Rules (``Rules''),1 to determine whether the equipment 
   authorizations held by Tung Shih Technology Co., Ltd. (``Tung 
   Shih'') for learned mode remote control transmitter devices 
   (``learned mode transmitters''), FCC ID Nos. MMORC0196M and 
   MMORMC575, should be revoked.  Devices manufactured by Tung 
   Shih under those FCC ID numbers apparently have the 
   capability to transmit on frequencies that are not authorized 
   by their equipment certifications.  In addition, these 
   devices apparently have the capability to transmit on 
   restricted frequencies specified in Section 15.205(a) of the 
   Rules.2

II.  BACKGROUND
     
        2.     Learned mode or ``trainable'' transmitters are 
   typically sold as universal replacements or duplicates for 
   garage door openers, keyless entry systems, security alarms, 
   remote switches and similar types of radio controlled 
   devices.  These transmitters are designed to recognize and 
   replicate the operating frequency, duty cycle and coding 
   scheme of the targeted radio system.3

        3.      As intentional radiators,4 learned mode 
   transmitters must be certificated prior to marketing 
   according to procedures specified in Part 2, subpart J of the 
   Rules.5  On October 30, 1996, and October 2, 2002, 
   respectively, the FCC's Office of Engineering and Technology 
   (``OET'') granted Tung Shih equipment certifications, FCC ID 
   Nos. MMORC0196M and MMORMC575, for learned mode transmitters.   
   The certification granted under FCC ID No. MMORC0196M 
   authorizes emissions only in the 286-320 MHz frequency band, 
   and the certification granted under FCC ID No. MMORMC575 
   authorizes emissions only in the 313.95-314.95 MHz frequency 
   band.  Additionally, Section 15.205(a) of the Rules allows 
   intentional radiators, such as learned mode transmitters, to 
   transmit only spurious emissions6 in the restricted frequency 
   bands, which include 240-285 MHz, 322-335.4 MHz and 399.9-410 
   MHz.

        4.      After receiving complaints, the Enforcement 
   Bureau (``EB'') launched an investigation to determine 
   whether learned mode transmitters manufactured by Tung Shih 
   under FCC ID Nos. MMORC0196M and MMORMC575 are capable of 
   transmitting emissions that are not authorized by Tung Shih's 
   equipment certifications and whether they are capable of 
   transmitting non-spurious emissions in any of the restricted 
   bands specified by Section 15.205(a) of the Rules.  As part 
   of the investigation, EB purchased a sample device, the 
   Remocon LRT-1 (``LRT-1''), manufactured by Tung Shih under 
   FCC ID No. MMORC0196M.  The OET Laboratory tested the LRT-1 
   and determined that it is capable of being tuned to and 
   operated on a range of frequencies that are not authorized by 
   its equipment authorization.  Specifically, the OET 
   Laboratory found that the LRT-1 was capable of acquiring and 
   transmitting on a range of frequencies, including the 
   frequency 437.004 MHz.7  Furthermore, the instructions for 
   the LRT-1 included with the sample device indicated that it 
   is designed to acquire and operate on all frequencies in the 
   255-500 MHz band, which includes frequencies that are within 
   the restricted bands specified by Section 15.205(a) of the 
   Rules, and the OET Laboratory's examination of the LRT-1 
   confirmed that the device can be readily tuned to restricted 
   band frequencies.  As part of the investigation, EB also 
   ordered Tung Shih to provide a sample learned mode 
   transmitter manufactured under FCC ID No. MMORMC575.8  Tung 
   Shih  provided a sample device (``RMC-535'') manufactured by 
   Tung Shih under that FCC ID number.  The OET Laboratory 
   tested the RMC-535 and determined that it is capable of being 
   tuned to and operating on a range of frequencies that are not 
   authorized by its equipment authorization.  Specifically, the 
   OET Laboratory found that the RMC-535 is capable of acquiring 
   and transmitting on a range of frequencies, including the 
   frequency 310.9 MHz.9  Additionally, the OET Laboratory's 
   examination of the RMC-535 established that the device can be 
   readily tuned to frequencies that are within the restricted 
   bands specified by Section 15.205(a) of the Rules.

III.  DISCUSSION 

        5.      Section 2.939(a)(2) of the Rules provides that 
   the Commission may revoke any equipment authorization ``if 
   upon subsequent inspection or operation it is determined that 
   the equipment does not conform to the pertinent technical 
   requirements or to the representations made in the original 
   application.''10  Furthermore, Section 2.939(a)(4) of the 
   Rules provides that the Commission may revoke any equipment 
   authorization because of conditions coming to its attention 
   ``which would warrant it in refusing to grant an original 
   application.''11  The Commission is required to follow the 
   same procedures in revoking an equipment authorization as it 
   does in revoking a radio station license.12  Pursuant to 
   Section 312(c) of the Communications Act of 1934, as amended, 
   before revoking a radio station license, the Commission must 
   serve the licensee with an order to show cause why revocation 
   should not be issued and must provide the licensee with an 
   opportunity for hearing.13

        6.    As noted above, Section 15.205(a) of the Rules 
   allows learned mode transmitters to transmit only spurious 
   emissions in the restricted frequency bands, including 240-
   285 MHz, 322-335.4 MHz and 399.9-410 MHz.  In addition, Tung 
   Shih's equipment certification (FCC ID No. MMORC0196M) 
   covering the LRT-1 authorizes operation only in the frequency 
   band 286-320 MHz.  In view of the instructions indicating 
   that the LRT-1 can operate on any frequency in the band 
   between 255 and 500 MHz and the OET Laboratory's examination 
   of the device, which confirmed that the device can be readily 
   tuned to restricted band frequencies, it appears that the 
   LRT-1 fails to conform to the technical requirements of 
   Section 15.205(a) and the requirements of its equipment 
   certification.  The OET Laboratory's finding that the LRT-1 
   is capable of acquiring and transmitting on a range of 
   frequencies outside the 286-310 MHz band specified by the 
   equipment certification, including frequency 437.004 MHz, 
   provides further evidence that the LRT-1 apparently does not 
   conform to the requirements of its equipment certification.

        7.   Similarly, in view of the OET Laboratory's 
   observation that the RMC-535 can be readily tuned to 
   frequencies that are within the restricted bands specified by 
   Section 15.205(a) of the Rules, it appears that the RMC-535 
   does not conform either to the technical requirements of 
   Section 15.205(a) or to the requirements of its equipment 
   certification (FCC ID No. MMORMC575), which authorizes 
   operation only in the frequency band 313.95-314.95 MHz.   The 
   OET Laboratory's finding that the RMC-535 is capable of 
   acquiring and transmitting on a range of frequencies outside 
   the 313.95-314.95 MHz band specified by the equipment 
   certification, including 310.9 MHz, provides further evidence 
   that the RMC-535 apparently does not conform to the technical 
   requirements of its equipment certification.  

        8.   Furthermore, it appears, in view of the foregoing, 
   that the Commission would be warranted in refusing to grant 
   an original application for equipment authorization for the 
   devices certified under FCC ID Nos. MMORC0196M and MMORMC575.  
   We are, accordingly, designating this matter for hearing 
   before an Administrative Law Judge to determine whether the 
   equipment authorizations held by Tung Shih under FCC ID Nos. 
   MMORC0196M and MMORMC575 should be revoked.

IV.  ORDERING CLAUSES

        9.      Accordingly, IT IS ORDERED that, pursuant to 
   Section 2.939(b) of the Rules, Tung Shih is hereby ORDERED TO 
   SHOW CAUSE why its equipment authorizations, FCC ID Nos. 
   MMORMC575 and MMORC0196M, SHOULD NOT BE REVOKED.  Tung Shih 
   SHALL APPEAR before an Administrative Law Judge at a time and 
   place to be specified in a subsequent order and give evidence 
   upon the following issues:  

          (a)  To determine whether  the LRT-1 learned  mode 
            transmitter manufactured by Tung Shih under  FCC 
            ID  No.  MMORC0196M conforms  to  the  technical 
            requirements specified  by Section 15.205(a)  of 
            the Rules;

          (b)  To determine whether  the LRT-1 learned  mode 
            transmitter manufactured by Tung Shih under  FCC 
            ID  No.  MMORC0196M conforms  to  the  technical 
            requirements   specified   by   its    equipment 
            authorization;

          (c)  To determine, in light of the evidence 
            adduced pursuant to issues (a) and (b), whether 
            equipment authorization FCC ID No. MMORC0196M 
            held by Tung Shih should be revoked;

          (d)  To determine whether the RMC-535 learned mode 
            transmitter manufactured by Tung Shih under FCC 
            ID No. MMORMC575 conforms to the technical 
            requirements specified by Section 15.205(a) of 
            the Rules;

          (e)  To determine whether the RMC-535 learned mode 
            transmitter manufactured by Tung Shih under FCC 
            ID No. MMORMC575 conforms to the technical 
            requirements specified by its equipment 
            authorization; and

          (f)  To determine, in light of the evidence 
            adduced pursuant to issues (d) and (e), whether 
            equipment authorization FCC ID No. MMORMC575 
            held by Tung Shih should be revoked.

        10.                         IT IS FURTHER ORDERED that, 
   pursuant to 2.939(b) of the Rules, to avail itself of the 
   opportunity to be heard and to present evidence at a hearing 
   in this proceeding, Tung Shih, in person or by an attorney, 
   SHALL FILE with the Commission, within thirty (30) days of 
   the release of this Order to Show Cause, a written appearance 
   stating that it will appear at the hearing and present 
   evidence on the issues specified above.  If Tung Shih  fails 
   to file a timely notice of appearance, its right to a hearing 
   SHALL BE DEEMED TO BE WAIVED.  In the event that Tung Shih 
   waives its right to a hearing, the Chief Administrative Law 
   Judge (or the presiding officer if one has been designated) 
   SHALL, at the earliest practicable date, ISSUE an order 
   reciting the events or circumstances constituting a waiver of 
   hearing, terminating the hearing proceeding, and certifying 
   the case to the Commission.    

        11.     IT IS FURTHER ORDERED that, pursuant to Section 
   0.111(b) of the Rules,14 the Enforcement Bureau shall serve 
   as trial staff in this proceeding. 

        12.    IT IS FURTHER ORDERED that, the burden of 
   proceeding with the introduction of evidence and the burden 
   of proof with respect to the issues specified above shall be 
   on the Enforcement Bureau.

        13.    IT IS FURTHER ORDERED that a copy of this Order to 
   Show Cause shall be sent by International Registered Mail, 
   Return Receipt Requested, and by Federal Express, to Tung 
   Shih Technology Co., Ltd., 7F-10, No. 130, Ssu Wei Road, Hsin 
   Chu City, 300, Taiwan.  


                         FEDERAL COMMUNICATIONS COMMISSION


     
                         David H. Solomon
                         Chief, Enforcement Bureau  




_________________________

1 47 C.F.R.  2.939.
2 47 C.F.R.  15.205(a).
3 Public Notice, FCC Clarifies Equipment Certification Procedures 
for ``Learned Mode'' or ``Trainable'' Transmitters, DA 02-2850 
(October 28, 2002).

4 Section 15.3 (o), of the Rules, 47 C.F.R.  15.3(o),  defines 
an intentional radiator as ``A device that intentionally 
generates and emits radio frequency energy by radiation or 
induction.''

5 47 C.F.R. Part 2, Subpart J
6 47 C.F.R.  2.1 defines spurious emissions as ``Emission on a 
frequency or frequencies which are outside the necessary 
bandwidth and the level of which may be reduced without affecting 
the corresponding transmission of information. Spurious emissions 
include harmonic emissions, parasitic emissions, intermodulation 
products and frequency conversion products, but exclude out-of-
band emissions.''
7 The OET Laboratory determined that the LRT-1 was capable of 
being tuned to and operating on a range of frequencies, but for 
testing purposes, it specifically operated the device on 
frequency 437.004 MHz.
8 Letter of October 26, 2004, from Deputy Chief, Spectrum 
Enforcement Division, Enforcement Bureau, to Tung Shih.
9 The OET Laboratory determined that the RMC-535 was capable of 
being tuned to and operating on a range of frequencies, but for 
testing purposes, it specifically operated the device on 
frequency 310.9 MHz.
10 47 C.F.R.  2.939(a)(2).
11 47 C.F.R.  2.939(a)(4).
12 47 C.F.R.  2.939(b).
13 47 U.S.C.  312(c).
14 47 C.F.R.  0.111(b).