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May 25, 2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jeffrey Hill, Sales Manager
Oneida Air Systems, Inc.
1001 W. Fayette Street
Syracuse, New York 13204-2859
Re: File No. EB-06-SE-071
Dear Mr. Hill:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), for marketing unauthorized
radio frequency devices in the United States in violation of Section
302(b) of the Communications Act of 1934, as amended ("Act"), and Section
2.803(a) of the Commission's Rules ("Rules"). As explained below, future
violations of the equipment provisions of the Act and Rules may subject
Oneida Air Systems, Inc. ("Oneida") to monetary forfeitures.
By letter of inquiry ("LOI") dated March 6, 2006, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau initiated an investigation
into whether Oneida marketed dust collection equipment with unauthorized
remote control devices.
In its response to the LOI, Oneida admits that in December of 2005 it
began importing units of the remote control device. Oneida states that it
"connected" the remote control devices to two models of its dust
collection equipment (XGK020105 Super Dust Gorilla 2Hp 1Ph and XGK030105
Super Dust Gorilla 3Hp 1Ph Kits), and also "resold" a small number of the
remote control devices "as add-ons for [its] existing systems." Oneida
also admits that, in December of 2005, it began marketing its "dust
collection equipment with remote control" on its website, and paid for
advertisements that later appeared in two woodworking trade magazines.
Oneida further admits that it imported 875 units of the remote control
device, sold 343 units of its dust collection equipment with installed
remote devices to end-user customers and 20 units (10 each) to two
wholesale distributors -- prior to March 13, 2006, the date the remote
control device was granted an equipment certification.
Oneida states that on January 27, 2006, it received notice from Commission
staff that the marketing of unauthorized radio frequency devices violates
Section 2.803(a) of the Rules. After receiving such notice, Oneida states
that it "immediately" ceased importing and selling the remote devices.
Oneida further states it only resumed importing and selling the remote
control devices after it learned that the device was certified and
consulted with Commission staff.
Finally, Oneida explains that it is a "small manufacturer of dust
collection equipment used mostly in the woodworking industry," that it
recently introduced the remote control device to remain competitive, and
that it had no prior familiarity with Commission equipment authorization
and related requirements. Oneida adds that it took prompt corrective
measures by ceasing to import and sell the remote control devices when it
learned that the device was not certified. Moreover, Oneida states that
after the device was certified, it sent all of its customers FCC ID labels
and addendums to their manuals.
Section 302(b) of the Act prohibits the marketing of unauthorized radio
frequency devices. Specifically, Section 302(b) 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)(1) of the Commission's implementing regulations provides that:
[N]o 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 subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled as required by S 2.925 and other relevant sections in this
Under Section 15.201(b) of the Rules, an intentional radiator, such as the
remote control device, must be authorized in accordance with the FCC's
certification procedures prior to marketing in the United States.
Additionally, an intentional radiator must be labeled as specified in
Sections 2.925 and 15.19(a) of the Rules, and the accompanying user or
instruction manual must contain the information specified in Section 15.21
of the Rules.
Oneida apparently violated the above requirements by marketing dust
collection equipment with the installed remote control device, and by
selling the add-on remote control device separately -- prior to
If, after receipt of this citation, Oneida violates the above equipment
requirements set forth in the Communications Act or the Commission's Rules
in any manner described herein, the Commission may impose monetary
forfeitures not to exceed $11,000 for each such violation or each day of a
If Oneida chooses to do so, it may respond to this citation within 30 days
from the date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to its place of business, or (2) a
written statement. Oneida's response should specify the actions that it is
taking to ensure that it does not violate the Commission's rules governing
the marketing of radio frequency equipment in the future.
The nearest Commission Field Office is located in Buffalo, New York.
Please call Ava Holly Berland at 202-418-2075 if Oneida wishes to schedule
a personal interview. Oneida should schedule any interview to take place
within 30 days of the date of this letter. Oneida should send any written
statement within 30 days of the date of this letter to:
Deputy Chief, Spectrum Enforcement Division
Federal Communications Commission
445-12^th Street, S.W., Rm. 7-C802
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), Oneida is advised
that the Commission's staff will use all relevant material information
before it, including information that Oneida discloses in its interview or
written statement, to determine what, if any, enforcement action is
required to ensure its future compliance with the Communications Act and
the Commission's rules.
Oneida is further advised that the knowing and willful making of any false
statement, or the concealment of any material fact, in reply to this
citation is punishable by fine or imprisonment under 18 U.S.C. S 1001.
We thank Oneida in advance for its anticipated cooperation.
Deputy Chief, Spectrum Enforcement Division
Federal Communications Commission
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a). Marketing includes "sale or lease, or offering for
sale or lease, including advertising for sale or lease, or importation,
shipment, or distribution for the purpose of selling or leasing or
offering for sale or lease." 47 C.F.R. S 2.803(e)(4).
See Letter from Kathryn S. Berthot, Deputy Division, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, to
Jeffrey Hill, Oneida Air Systems, Inc. (March 6, 2006).
See Facsimile from Jeffrey Hill, Oneida Air Systems, Inc. to Kathryn S.
Berthot, Deputy Division, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission (April 6, 2006) ("Response").
Id. at 4. According to Oneida, it purchased and imported the remote
control devices from a manufacturer in Taiwan, NHD Industrial Co., Ltd.
Id. at 3
Response at 4.
Id. at 6.
Id. at 7.
FCC ID # TZNMS1 (granted: March 13, 2006, grantee: Purplexy Electronics
Co., Ltd, Taiwan).
Id. at 6. See also Letter from Ray LaForge, Chief, Audits and Compliance
Branch, Office of Engineering and Technology, Federal Communications
Commission to Oneida Air Systems, Inc. (January 23, 2006).
Response at 6.
Id. at 12.
47 C.F.R. S 15.201(b). Section 15.3(o) of the Rules defines an intentional
radiator as "a device that intentionally generates and emits radio
frequency energy by radiation or induction." 47 C.F.R. S 15.3(o).
47 C.F.R. S 15.19(a).
47 C.F.R. S 15.21.
See 47 C.F.R. S 1.80(b)(3). It should be noted that unfamiliarity with the
Act or Rules requirements does excuse past violations. See, e.g., San Jose
Navigation, Inc.. FCC 06-30 P 16 (rel. March 14, 2006); see also Profit
Enterprises, Inc., 8 FCC Rcd 2846, 2846 P 5 (1993). Additionally,
corrective measures taken after Commission notification, or initiation of
investigation into, does not excuse past violations of the Act or Rules.
See, e.g., ACR Electronics, Inc., 19 FCC Rcd 22293, 22303 P 25 (2004),
forfeiture ordered, FCC 06-37 (rel. March 23, 2006); Seawest Yacht
Brokers, 9 FCC Rcd 6099, 6099 P 7 (1994).
Federal Communications Commission DA 06-1084
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554