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

In the Matter of                   )
                                                            )
TeleRadio AB                       ) File No. EB-04-SE-252
                                  )
                                  )

                  MEMORANDUM OPINION AND ORDER

Adopted:    July 18, 2005               Released:  July 20, 2005

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

I.  INTRODUCTION

          1.   In this Memorandum Opinion and Order, we admonish 
     TeleRadio AB (``TeleRadio'') for importing and marketing in 
     the United States non-compliant radiofrequency devices in 
     violation of Section 302(b) of the Communications Act of 
     1934, as amended (``Act''),1 and Sections 2.803(a) and 
     15.231(a) of the Commission's Rules (``Rules'').2  

II.  BACKGROUND

          2.   In 2004, the FCC's Office of Engineering and 
     Technology (``OET'') Laboratory requested four TeleRadio 
     remote control transmitters, designed for the remote control 
     of cranes and hoists in industrial use, for compliance 
     testing as part of its post-grant sampling program.  On June 
     21, 2004, the OET Lab tested the transmitters and found that 
     one of the devices, the Type ONF860-TX transmitter,3 did not 
     comply with the periodic operation limit set forth in 
     Section 15.231(a) of the Rules, which requires a manually 
     operated transmitter to employ a switch that will 
     automatically cease transmission within five seconds.  The 
     OET Lab determined that the Type ONF860-TX transmitter 
     failed to cease transmitting within the five second limit, 
     and continued transmitting for approximately 118 seconds 
     after release of the activation button.4

          3.   On August 27, 2004, the Spectrum Enforcement 
     Division of the Enforcement Bureau issued a letter of 
     inquiry (``LOI'') to TeleRadio, seeking information and 
     documents concerning compliance of the Type ONF860-TX 
     transmitter with the periodic operation limits set forth in 
     Section 15.231(a) of the Rules.5   In its response, dated 
     September 6, 2004, TeleRadio stated that it began importing 
     and marketing the Type ONF860-TX transmitter in the United 
     States on August 1, 2003 and that it had sold 22 units of 
     the device to date. TeleRadio stated that it had 
     discontinued importation of the device on February 1, 2004.  
     TeleRadio asserted that it believed that it was in 
     compliance with Section 15.231 and provided a copy of the 
     test report submitted with its equipment certification 
     application in support of this assertion.

          4.   On November 4, 2004, the Spectrum Enforcement 
     Division issued a follow-up LOI to TeleRadio.6  In its 
     response, dated November 15, 2004, TeleRadio asserted that 
     the device turned off within five seconds of pressing the 
     ``stop button,'' which TeleRadio believed complied with 
     requirements of Section 15.231.7

III.  DISCUSSION

          5.   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 Commission's implementing regulations 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, 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 subject to certification, such device has 
     been identified and labeled as required by  2.925 and other 
     relevant sections in this chapter.

Section 15.231 of the Rules establishes periodic operation limits 
for radiofrequency devices, such as TeleRadio's Type ONF860-TX 
transmitter, which operate ``in the band 40.66-40.70 MHz and 
above 70 MHz.''  Section 15.231(a)(1) of the Rules specifically 
requires that a manually operated transmitter employ a switch 
that ``will automatically deactivate the transmitter within not 
more than 5 seconds of being released.''  

          6.   TeleRadio imported and marketed the Type ONF860-TX 
     remote control transmitters in the United States between 
     August 1, 2003 and February 1, 2004, and sold 22 units 
     during this period.  The OET Laboratory's tests showed that 
     the device failed to cease transmitting within the five 
     second limit, and in fact continued transmitting for 
     approximately 118 seconds after release of the activation 
     button.  While TeleRadio asserted that the device turned off 
     within five seconds of pressing the ``stop button,'' a 
     device that requires actively pressing a stop button to 
     cease transmitting does not comply with the five second 
     limit of Section 15.231(a).  Accordingly, we conclude that 
     TeleRadio imported and marketed non-compliant radiofrequency 
     devices in violation of Section 302(b) of the Act and 
     Sections 2.803(a) and 15.231(a) of the Rules.

          7.   Although we believe that a monetary forfeiture 
     would be warranted for this violation, we note that 
     TeleRadio has not imported or marketed the Type ONF860-TX 
     transmitter in the United States since February 1, 2004.   
     The statute of limitations for issuing a Notice of Apparent 
     Liability in this case is one year from the date of 
     violation.8  Accordingly, based upon our review of the facts 
     and circumstances in this case, and because we are barred by 
     the one-year statute of limitations from issuing a Notice of 
     Apparent Liability, we admonish TeleRadio for importing and 
     marketing non-compliant equipment in violation of Section 
     302(b) of the Act and Sections 2.803(a) and 15.231(a) of the 
     Rules.  

IV. ORDERING CLAUSES

          8.   Accordingly, IT IS ORDERED that TeleRadio AB IS 
     ADMONISHED for importing and marketing non-compliant 
     radiofrequency devices in violation of Section 302(b) of the 
     Act and Sections 2.803(a) and 15.231(a) of the Rules.

          9.   IT IS FURTHER ORDERED that copies of this 
     Memorandum Opinion and Order shall be sent by Certified 
     Mail, Return Receipt Requested, to TeleRadio AB, Datavagan 
     21, S-436 32 Askim (Goteberg), Sweden.


                              FEDERAL COMMUNICATIONS COMMISION




                              Joseph P. Casey
                              Chief, Spectrum Enforcement 
                              Division
                              Enforcement Bureau

_________________________

1 47 U.S.C.  302a(b).
2 47 C.F.R.  2.803(a).
3 On July 18, 2003, TeleRadio was issued a grant of certification 
for the  Type  ONF860-TX  transmitter  under  FCC  Identification 
Number ONF860-TX.
4 The OET Lab  found the other  three transmitters in  compliance 
with the rules.
5 See Letter  from Joseph P.  Casey, Chief, Spectrum  Enforcement 
Division, Enforcement Bureau, Federal Communications  Commission, 
to Douglas  K.  Lansbery, Technical  Service  Manager,  TeleRadio 
Company  LLC  (August  27,  2004).   The  LOI  was  addressed  to 
TeleRadio Company LLC, TeleRadio  AB's U.S. affiliate, which  was 
marketing the device in  the United States.   In its response  to 
the LOI, TeleRadio  AB stated  that TeleRadio Company  LLC was  a 
``dormant'' corporation.
6 See  Letter from  Kathryn S.  Berthot, Deputy  Chief,  Spectrum 
Enforcement Division, Enforcement Bureau, Federal  Communications 
Commission, to  Martin Osterman,  Product Manager,  TeleRadio  AB 
(November 4, 2004).
7 See Letter from Martin Osterman, Product Manager, TeleRadio AB, 
to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau, 
Federal Communications Commission (November 15, 2004).
8 See 47 U.S.C.  503(b)(6); 47 C.F.R.  1.80(c)(3).