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.


   April 17, 2009


   AND FACSIMILE AT 407-658-9433

   Mark Stammel

   General Manager


   5075 Forsyth Commerce Road

   Orlando, FL 32807

   Re: File No. EB-08-SE-1094

   Dear Mr. Stammel:

   This is an official CITATION, issued to ProLingo pursuant to Section
   503(b)(5) of the Communications Act of 1934, as amended ("Act"), for
   marketing in the United States a radio frequency device, specifically, the
   Listentech LT700 transmitter, in a manner inconsistent with the terms of
   its authorization and the requirements of Section 15.237 of the
   Commission's Rules ("Rules"), in violation of Section 302(b) of the Act
   and Sections 2.803(a)(1) and 15.237 of the Rules. As explained below,
   future violations of the Commission's rules in this regard may subject
   your company to monetary forfeitures.

   In response to a complaint alleging that ProLingo was marketing, as a
   component of its simultaneous language interpretation systems, certain
   transmitters that operate on frequencies in the 72-76 MHz band which are
   restricted under Section 15.237 of the Rules to use by auditory assistance
   devices, the Enforcement Bureau's Spectrum Enforcement Division
   ("Division") issued a letter of inquiry ("LOI") to ProLingo on February
   19, 2009. ProLingo submitted its response to the LOI on March 2, 2009.
   ProLingo states in its response that it has been marketing the Listentech
   LT700 transmitter, which is manufactured by Listen Technologies
   Corporation ("Listen Technologies") and certified under FCC ID #
   OMD700-002, since 2006. ProLingo also states that it does not import the
   device, but rather purchases the device from a distributor in Hong Kong.
   ProLingo indicates that its current website, which has been up since
   August 2008, is the first marketing tool it has used that describes the
   Listentech LT700 transmitter (along with a separate receiver) as a
   language interpretation system. ProLingo asserts that printed marketing
   materials from the manufacturer, Listen Technologies, clearly state that
   the intended application of the device is language interpretation and
   provides a copy of these materials. Finally, ProLingo indicates that it
   will correct its marketing materials to ensure that it does not market
   auditory assistance devices as interpretation systems.

   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 that:

   no 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

   Pursuant to Section 15.201(b) of the Rules, intentional radiators, such as
   the Listentech LT700, must be authorized in accordance with the
   Commission's certification procedures prior to the initiation of marketing
   in the United States. In addition, under Section 15.237 of the Rules,
   intentional radiators operating in the frequency bands 72.0-73.0 MHz,
   74.6-74.8 MHz, and 75.2-76.0 MHz are restricted to use as auditory
   assistance devices. Listen Technologies properly certified the Listentech
   LT700 transmitter under FCC ID # OMD700-002. The grant of certification
   identifies the device as a Part 15 auditory assistance device and
   indicates that the grant is made pursuant to Section 15.237. ProLingo
   acknowledges, however, that it has marketed the Listentech LT700
   transmitter as a language interpretation system. Accordingly, it appears
   that ProLingo violated Section 302(b) of the Act and Sections 2.803(a)(1)
   and 15.237 of the Rules by marketing the Listentech LT700 transmitter in a
   manner that is inconsistent with the terms of its authorization and
   Section 15.237 of the Rules.

   If, after receipt of this citation, you violate 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.

   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 Tampa, Florida Field
   Office. Please call Kathryn Berthot at 202-418-7454 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 Berthot

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-08-SE-1094

   Federal Communications Commission

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

   Washington, D.C. 2055

   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 Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 15.237.

   47 U.S.C. S: 302a(b); 47 C.F.R. S:S: 2.803(a)(1) and 15.237.

   An auditory assistance device is defined as "[a]n intentional radiator
   used to provide auditory assistance to a handicapped person or persons."
   47 C.F.R. S: 15.3(a).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Mark Stammel, General Manager, ProLingo (February
   19, 2009).

   Letter from Mark Stammel, General Manager, ProLingo, to Kathryn S.
   Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (March
   2, 2009).

   Id. at 1, 3. ProLingo also indicates that it "buys and sells equipment
   from ... other manufacturers in this environment" but does not
   specifically identify any other transmitters that it resells as
   interpretation systems. Id. at 2. We note that this Citation also applies
   to any other transmitters, which ProLingo resells as interpretation
   systems, that are certified for operation on the frequency bands
   identified in Section 15.237 of the Rules.

   Id. at 3.


   Id. at 2.

   Id. at 3.

   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 47 C.F.R. S: 15.237(a).

   The grant of certification for the Listentech LT700 was issued on June 8,

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

   Federal Communications Commission DA 09-831



   Federal Communications Commission DA 09-831


                            WASHINGTON, D.C.  20554