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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
FLECO Corporation ) File No. EB-04-PO-
003
)
Chino, California ) Citation No.
C20043292003
CITATION
Released: June 24,
2004
By the Resident Agent, Portland Office, Western Region,
Enforcement Bureau:
This is an Official Citation issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended
(``Act'')1, to FLECO Corporation (``FLECO'') for violation of
Section 302(b) of the Act and Sections 2.803(a) and 15.209 of the
Commission's Rules (``Rules''). 2
Investigation by the FCC's Portland Office revealed that on
August 5, 2003, FLECO Corporation sold two handheld wireless
microphones, model WR-422-U, to the Club Works Sound and
Lighting, 3385 Hawthorne Avenue, NE, Salem, Oregon (Invoice
Number 425379). These wireless microphones subsequently were sold
to and used by The Oasis restaurant and caused interference to
amateur radio station WA7ABU on the frequency 439.55 MHz in
Salem, Oregon.
On December 5, 2003, an agent of the Commission's Portland
Office inspected the microphones and determined that the units
were operating on amateur radio frequencies 439.55 and 432.55
MHz. The agent measured the field strength at 1500
microvolts/meter at a distance of 3 meters from the referenced
wireless microphones and determined that the microphones were in
non-compliance with Section 15.209 of the Commission's Rules,
which apply to intentional radiators.
Further investigation revealed that the devices bore no FCC
equipment authorization or any other unique identification label
as required by Section 2.9253 of the Rules for radiofrequency
devices marketed in the United States. FLECO Corporation applied
for and received a Grantee Code ``NX7'' from the FCC but failed
to submit the referenced wireless microphones for certification.
Section 302(b) of the Act, provides ``[N]o person shall
manufacture, import, sell, offer for sale, or ship devices or
homes 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 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: (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
§2.925....'' FLECO's sale of these devices violates both
sections.
Violations of the Communications Act or of the Commission's
Rules may subject the violator to monetary fines not to exceed
$11,000 for each violation or each day of a continuing
violation,4 seizure of equipment through in rem forfeiture action
and criminal sanctions including imprisonment.5
Section 503(b)(5) of the Act provides that FLECO Corporation
may request an interview at the closest FCC Office. You may
contact this office by telephone, XXX XXX-XXXX, to obtain the
location of the nearest FCC Office and schedule the interview.
The interview must be scheduled to take place within 14 days of
the date of this Citation. FLECO may also submit a written
statement to the above address within 14 days of the date of this
Citation. Any written statement should specify what actions have
been taken to correct the violation outlined above. Please
reference file number EB-04-PO-003 when corresponding with the
Commission.
Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act,
FLECO is directed to provide the documents and information
specified herein, within 30 calendar days from the date of this
Citation.
a.) A list of all customers that purchased the
identified uncertified wireless microphones from FLECO
Corporation. Include the name, address and telephone
number of each purchaser. This information is needed
so that we may inform the buyers that operation of
these uncertified devices violates the FCC Rules.
b). The names, addresses (both physical and
electronic), and telephone numbers of all persons or
corporations from whom FLECO Corporation has obtained,
purchased or imported the uncertified wireless
microphones. Provide copies of all invoices,
manifests, packing lists, bills of lading, U.S. Customs
Service Harmonized Tariff Schedule classification
numbers, marketing materials, bills, and records,
including the make, model, and serial number, related
to the purchase, acquisition and importation of the
uncertified wireless microphones.
This Citation shall be sent by First Class U.S. Mail and
Certified Mail, Return Receipt Requested, to FLECO Corporation,
13825 Magnolia Avenue, Chino, California 91710.
The Privacy Act of 19746 requires that we advise you that
the Commission will use all relevant material information before
it, including any information disclosed in your reply, to
determine what, if any, enforcement action is required to ensure
compliance. Any false statement made knowingly and willfully in
reply to this Notice is punishable by fine or imprisonment under
Title 18 of the U.S. Code.7
FEDERAL COMMUNICATIONS
COMMISSION
Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau
_________________________
147 U.S.C. § 503(b)(5).
247 U.S.C. § 302a(b), 47 C.F.R. §§ 2.803(a), 15.209.
347 C.F.R. § 2.925.
447 C.F.R. §1.80(b)(3).
547 C.F.R. §§ 401, 501, 503 and 510.
6P.L. 93-579, 5 U.S.C. § 552a(e)(3).
718 U.S.C. § 1001 et seq.