Click here for Adobe Acrobat version
Click here for Microsoft Word version
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.
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:
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
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
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
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
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
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
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).