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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-TP-047
Coverage Solutions Corporation )
2901 Busch Blvd. )
Suite 500 ) Citation No.: C20063270006
Tampa, FL 33618 )
CITATION
Released: September 28, 2006
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
1. This is an Official Citation, issued to Coverage Solutions Corporation
("CSC") pursuant to Section 503(b)(5) of the Communications Act of
1934, as amended ("Act"), for violation of Section 302(b) of the Act
and Sections 2.803(a)(1) and 2.925(a)(1) of the Commission's Rules
("Rules").
2. Investigation by the Commission's Tampa Office of the Enforcement
Bureau ("Tampa Office") determined that CSC imported several dual band
radio frequency amplifiers into the United States in early January
2006. All of the units in question were of the same model, and none
were labeled with the required FCC Identification ("FCC ID"). The
Tampa Office sent one of the units to the Commission's Office of
Engineering and Technology ("OET") for testing and evaluation. OET
confirmed that the unit was not type accepted, certified, or verified.
3. 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 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 . . . [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
chapter.
Section 2.925(a)(1) states "Each equipment covered in an application for
equipment authorization shall bear a nameplate or label listing the
following: (1) FCC Identifier consisting of the two elements in the exact
order specified in S 2.926. The FCC Identifier shall be preceded by the
term FCC ID in capital letters on a single line, and shall be of a type
size large enough to be legible without the aid of magnification." CSC's
importation of radio frequency amplifiers that were not certified and were
not labeled with an FCC ID violates these sections.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. CSC may request an interview at the closest FCC Office, which is
Federal Communications Commission, Suite 1215, 2203 N. Lois Avenue,
Tampa, FL 33607. You may contact this office by telephone,
XXXXXXXXXXXXXX, to schedule this interview, which must take place
within 14 days of this Citation. CSC may also submit a written
statement to the above address within 14 days of the date of this
Citation. Any written statements should specify what actions have been
taken to correct the violations outlined above. Please reference file
number EB-05-TP-047 when corresponding with the Commission.
6. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Coverage Solutions Corporation at its record of address.
FEDERAL COMMUNICATIONS COMMISSION
Ralph Barlow
District Director, Tampa Office
South Central Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302a(b).
47 C.F.R. SS 2.803(a)(1), 2.925(a)(1).
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
47 C.F.R. S 2.925(a)(1).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. S 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission