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.


   November 20, 2009


   AND FACSIMILE AT 800.589.5939

   Mr. Jim Troxell

   President & CEO

   Troxell Communications, Inc.

   4830 S. 38th Street

   Phoenix, Arizona 85040

   Re: File No. EB-09-SE-103

   Dear Mr. Troxell:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), for marketing an
   unauthorized radio frequency device in the United States in violation of
   Section 302(b) of the Act, and Section 2.803(a) of the Commission's Rules
   ("Rules"). As explained below, future violations of the Commission's rules
   in this regard may subject Troxell Communications, Inc. ("Troxell") to
   monetary forfeitures.

   On May 7, 2009, the Spectrum Enforcement Division of the Commission's
   Enforcement Bureau ("Division") received a complaint alleging that Troxell
   was marketing an unauthorized radio frequency device, namely the QRF600
   interactive wireless audience response system (or "QRF600"), which
   operates in the 2400 - 2483.5 MHz band. Division staff observed that
   Troxell was marketing the QRF600 on its website, A review of
   Commission records at that time revealed no equipment authorization for
   the device. Because it appeared that Troxell was marketing the QRF600
   without proper authorization, the Division sent Troxell a letter of
   inquiry ("LOI") on August 20, 2009.

   In your September 10, 2009, response to the LOI, you state that Troxell
   began marketing the QRF600 in the United States in March of 2009. You also
   state that as of August 31, 2009, Troxell had sold 15 of the subject
   audience response systems in the United States. You indicate that Troxell
   does not manufacture or import the QRF600. You further state that on
   information and belief, the QRF600 is manufactured and imported by QOMO
   HiteVision, LLC ("QOMO"). You maintain that as a distributor, Troxell
   relies on manufacturer statements regarding compliance with FCC
   regulations, and has no independent knowledge about the testing or
   compliance of the various products it distributes, including the QRF600.
   You assert that upon receipt of the LOI, Troxell removed the subject
   audience response system from its websites.

   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)(1) of the Commission's implementing regulations 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 ... [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, intentional radiators, such as the
   QRF600 audience response system, must be authorized in accordance with the
   Commission's certification procedures before marketing is initiated in the
   United States.

   Troxell admits to marketing the QRF600 in the United States, beginning in
   March of 2009. The QRF600 was not certified by the Commission until
   September 27, 2009. Accordingly, it appears that Troxell has violated
   Section 302(b) of the Act and Sections 2.803(a) of the Rules by marketing
   an unauthorized radio frequency device in the United States.

   If, after receipt of this citation, Troxell 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. 

   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 you are
   taking to ensure that you do not violate the Commission's rules governing
   the marketing of radio frequency equipment in the future.

   The nearest Commission field office appears to be the San Diego Office, in
   San Diego California. Please call Jennifer Burton at 202.418.7581 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:

   Jennifer Burton, Esq.

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-09-SE-103

   Federal Communications Commission

   445 12th Street, S.W., Rm. 3-A445

   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 an 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.

   We thank you in advance for your anticipated cooperation.


   Kathryn Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   cc: Wilton A. Hom, Esq.

   Wilton A. Hom, PLC

   30833 Northwestern Hwy, Suite 203

   Farmington Hills, MI 48334

   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 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).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Mr. Jim Troxell, President & CEO, Troxell
   Communications, Inc. (August 20, 2009).

   Letter from Wilton Hom, Esq., Counsel to Troxell Communications, Inc., to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
   Bureau (September 10, 2009) at 1.


   Id. at 2.

   Id. at 1.

   Id. at 2.

   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).

   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 FCC IDs XQGQRF600-RE and XQGQRF600-TR (granted: September 27, 2009;
   grantee: QOMO HiteVision LLC.).

   See 47 C.F.R. S: 1.80(b)(3).

   Federal Communications Commission DA-09-2447



   Federal Communications Commission DA-09-2447


                             WASHINGTON, D.C. 20554