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                                 June 30, 2009


   AND FACSIMILE AT 410-716-2933

   Bruce W. Brooks


   Vector Products, Inc.

   701 E. Joppa Road

   Towson, Maryland 21286

   Re: File No. EB-08-SE-532

   Dear Mr. Brooks,

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), to
   Vector Products, Inc. dba Vector Manufacturing, Ltd. ("Vector"), a wholly
   owned subsidiary of Black & Decker (U.S.A.) Inc. ("Black & Decker"), for
   marketing in the United States an unauthorized radio frequency device, the
   Vector iMobile VEC 429 FM transmitter ("Vector Transmitter" or "device"),
   in violation of Section 302(b) of the Communications Act of 1934, as
   amended ("Act"), 47 U.S.C. S: 302a(b), and Sections 2.803(a)(1), 2.926(e),
   and 15.239(a) of the Commission's Rules ("Rules"), 47 C.F.R. S:S:
   2.803(a)(1), 2.926(e), and 15.239(a). As explained below, future
   violations of the Commission's rules in this regard may subject your
   company to monetary forfeitures.

   On March 7, 2008, the Enforcement Bureau ("Bureau") received a complaint
   regarding the manufacture and marketing of the Vector Transmitter, a Part
   15 intentional radiator operating in the 88-108 MHz band. Although a
   sample of the device included labeling that indicated that the device is
   certificated under FCC Identification Number NDZVEC429, this identifier
   could not be located within the Commission's Equipment Authorization
   Database. Accordingly, the Bureau requested that the FCC's Office of
   Engineering Technology Laboratory test the Vector Transmitter for
   compliance with our technical rules governing RF emission levels. The
   results of the tests revealed that emissions from the transmitter were not
   limited to a 200 kHz band range centered on the operating frequency, as
   required by Section 15.239(a) of the Rules. Because it appeared that
   Vector was marketing the device without proper authorization and in
   violation of our technical rules, the Bureau's Spectrum Enforcement
   Division ("Division") sent Vector a letter of inquiry ("LOI") on June 18,

   In your September 2, 2008 Response to the LOI, you essentially admit to
   marketing the device by providing a copy of the Users Manual and Warranty
   Information. However, information before the Division indicates that
   Vector is not the manufacturer of the device.

   Section 302(b) of the Act states: "[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 Rules provides:

   [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: (1) In 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

   In addition, Section 15.201(b) of the Rules, 47 C.F.R. S: 15.201(b),
   provides that, "intentional radiators operating under the provisions of
   ... [Part 15] shall be certificated by the Commission...."As an
   intentional radiator, devices such as the Vector Transmitter, must be
   certified by the Commission prior to marketing in accordance with the
   procedures specified in Part 2, Subpart J of the Rules.

   Moreover, Section 2.925(a)(2) of the Rules, 47 C.F.R. S: 2.295(a)(2),
   requires labeling of the device upon certification with an unique FCC
   Identifier. Section 2.926(e) of the Rules prohibits the use of any FCC
   Identifier on equipment to be marketed in the United States unless the
   Identifier is validated by a grant of equipment authorization issued by
   the Commission.

   The Vector Transmitter is an intentional radiator and pursuant to Section
   15.201(b) of the Rules must be authorized in accordance with the
   Commission's certification procedures prior to the initiation of marketing
   in the United States. In addition, based on our review of the sample of
   the device provided for testing by the FCC's Office of Engineering and
   Technology Laboratory the device is uncertified and is labeled with an FCC
   Identification Number not validated by a Commission-issued authorization.
   Moreover, tests conducted by the FCC's Office of Engineering and
   Technology Laboratory on the Vector Transmitter in April 2008 indicate
   that the device fails to conform to the emission limits set forth in
   Section 15.239(a) of the Rules. Accordingly, it appears that Vector has
   violated Section 302(b) of the Act and Sections 2.803(a)(1), 2.926(e) and
   15.239(a) of the Rules by marketing a non-compliant radio device in the
   United States.

   If, after receipt of this citation, Vector violates the Communications Act
   or the Commission's Rules in any manner described herein, the Commission
   may impose monetary forfeitures not to exceed $16,000 for each such
   violation or each day of a continuing violation, up to a total forfeiture
   amount of $112,500 for any single act or failure to act.

   If you choose to do so, you 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 your place of business, or (2) a
   written statement. Your response should specify the actions that Vector is
   taking to ensure that it does not violate the Commission's rules governing
   intentional transmitters in the future.

   The nearest Commission field office is the Columbia Office in Columbia,
   Maryland. Please call Nissa Laughner at 202-418-1358 if you wish to
   schedule a personal interview. You should schedule any interview to take
   place within 30 days of the date of this letter. You should send any
   written statement within 30 days of the date of this letter to:

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   445 12th Street, S.W., Rm. 3-C366

   Washington, D.C. 20554

   Under the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), we are informing
   you that the Commission's staff will use all relevant material information
   before it, including information that you disclose in your interview or
   written statement, to determine what, if any, enforcement action is
   required to ensure your compliance with the Communications Act and the
   Commission's rules.

   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.

   Thank you in advance for your anticipated cooperation.


   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   cc: Timothy L. Mullin, Jr.

   Vector was acquired on March 1, 2006 by Black & Decker Corporation.

   Marketing" includes the sale or lease, offer for sale or lease (including
   advertising for sale or lease), importing, shipping, and/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, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Michael Krieger,
   Vector Products Inc. (June 18, 2008). Vector was acquired on March 1, 2006
   by Black & Decker.

   We note that Vector seeks confidential treatment of its LOI Response in
   its entirety with the exception of Exhibit D (copy of the User's Manual &
   Warranty Information for the Vector iMobile Digital Wireless FM Audio
   Transmitter - VEC 429). See Letter from Timothy L. Mullin, Jr., Counsel
   for Vector Products, Inc., to Marlene H. Dortch, Secretary, Federal
   Communications Commission (September 3, 2008) ("Response"). We do not rule
   on Vector's request for confidentiality at this time.

   47 C.F.R. S: 2.803(a)(1).

   An "intentional radiator" is "any device that intentionally generates
   radio frequency energy by radiation or induction." See 47 C.F.R.

   47 C.F.R. Part 2, Subpart J.

   Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
   lease, or offering to 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 47 C.F.R. S: 1.80(b)(3).

   Federal Communications Commission DA 09-1485


   Federal Communications Commission DA 09-1485


                            WASHINGTON, D.C.  20554