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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-08-LA-0051
Orvac Electronics, Inc. ) NAL/Acct. No: 200832900004
Fullerton, California ) FRN: 0017705658
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 30, 2008
By the Acting Interim District Director, Los Angeles Office, Western
Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Orvac Electronics, Inc. ("Orvac"), in Fullerton, California,
apparently willfully and repeatedly violated Section 302(b) of the
Communications Act of 1934, as amended ("Act"), and Section
2.803(a)(1) of the Commission's Rules ("Rules") by marketing
non-certified 2.4 GHz wireless video transmitters and wireless cameras
(intentional radiators). We conclude, pursuant to Section 503(b) of
the Act, that Orvac is apparently liable for a forfeiture in the
amount of seven thousand dollars ($7,000).
II. BACKGROUND
2. On November 22, 2006, an agent from the Enforcement Bureau's Los
Angeles Office inspected Orvac's retail store in Fullerton,
California, and observed several models of uncertified wireless
cameras and stand alone video transmitters on display and for sale. A
review of the Commission's records revealed these devices had not
received an equipment authorization from the Commission, which is
required for transceivers operating on these frequencies. Wireless
video cameras and other short range 2.4 GHz video transmitters are
classified as intentional radiators under the Commission's Rules and
must be certified and labeled with an FCC I.D. number pursuant to the
Commission's Rules.
3. On January 23, 2007, the Los Angeles Office issued a Citation to Orvac
for violation of Section 302(b) of the Act and Section 2.803(a)(1) of
the Commission's Rules by marketing uncertified wireless cameras and
stand alone video transmitters. The Citation warned Orvac that future
violations may subject Orvac to substantial monetary forfeitures,
seizure of equipment through in rem forfeiture action, and criminal
sanctions, including imprisonment. The Los Angeles Office did not
receive a response from Orvac, but the U.S. Postal Service did return
a delivery receipt indicating that Orvac had received the Citation.
4. On March 8, 2007, an agent from the Enforcement Bureau's Los Angeles
Office inspected Orvac's retail store in Fullerton, California, and
observed one uncertified wireless video camera on display, model CTSL
15-2400 CTSL, manufactured by Cop Security, which operated on 2.4 GHz.
5. On March 5, 2008, a Los Angeles agent again inspected Orvac's retail
store in Fullerton, California, and observed three models of wireless
cameras, Speco Technologies model WC-2503, and Cop Security models
2400 CTSL and 2400 CTJ on display and for sale. All of these wireless
cameras operated on 2.4 GHz. Additionally, the agent observed a
stand-alone video transmitter, WIV model TRX-20, which also operated
on 2.4 GHz, on display and for sale.
6. On March 6, 2008, the Los Angeles agent reviewed the Commission's
databases and found no record of FCC certifications for Speco
Technologies model WC-2503, Cop Security models 2400 CTSL and 2400
CTJ, and WIV model TRX-20.
7. On April 4, 2008, the Los Angeles agent again inspected Orvac's retail
store in Fullerton, California, and observed the three models of
wireless cameras, Speco Technologies model WC-2503, and Cop Security
models 2400 CTSL and 2400 CTJ, on display and for sale. The agent also
observed the stand-alone video transmitter, WIV model TRX-20, on
display and for sale.
III. DISCUSSION
8. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
9. 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 "[e]xcept as provided elsewhere
in this section, 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 in the case of a device
subject to certification such device has been authorized by the
Commission . . . ."
10. Section 15.3 of the Rules defines an "intentional radiator" as a
"device that intentionally generates and emits radio frequency energy
by radiation or induction." Section 15.201(b) of the Rules requires
intentional radiators, such as wireless cameras and video transmitters
operating above 490 kHz, to be certificated by the Commission.
Certification "is an equipment authorization issued by the Commission,
based on representations and test data submitted by the applicant."
11. On January 23, 2007, the Los Angeles Office issued a Citation to
Orvac, in Fullerton, California, for violation of Section 302(b) of
the Act and Section 2.803(a)(1) of the Rules. Specifically, Orvac was
marketing non-certified wireless cameras and video transmitters. On
March 8, 2007, March 5, 2008, and April 4, 2008, investigations by an
agent from the Los Angeles Office revealed that Orvac continued to
market non-certified intentional radiators, such as wireless cameras
and video transmitters.
12. Orvac was issued a Citation concerning the illegal marketing of
non-certified wireless cameras and video transmitters, but
subsequently continued to market the devices. Therefore, the violation
is willful. The violation occurred on more than one day. Therefore,
the violation is repeated. Based on the evidence before us, we find
that Orvac apparently willfully and repeatedly violated Section
302(b) of the Act and Section 2.803(a)(1) of the Rules by marketing
uncertified intentional radiators, specifically, wireless video
cameras and transmitters operating on 2.4 GHz.
13. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for marketing unauthorized equipment is $7,000.
In assessing the monetary forfeiture amount, we must also take into
account the statutory factors set forth in Section 503(b)(2)(E) of the
Act, which include the nature, circumstances, extent, and gravity of
the violations, and with respect to the violator, the degree of
culpability, and history of prior offenses, ability to pay, and other
such matters as justice may require. Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant
case, we conclude that Orvac is apparently liable for a $7,000
forfeiture.
14. Due to the potential for uncertified intentional radiators to cause
interference, we require Orvac to report to this office, no more than
thirty (30) days following the release of this NAL, how it achieved
compliance with Section 302(b) of the Act and Section 2.803(a)(1) of
the Rules. The report must also include the names, addresses and
contact information of the wholesaler, importer, and manufacturer of
each of the devices listed in the NAL, along with the invoice for each
device. Orvac's report must be submitted in the form of a sworn
affidavit or declaration under penalty of perjury, signed by a
principal, officer or director of Orvac, attesting to the truth and
accuracy of the response. Any false statement made knowingly and
willfully in reply to this inquiry is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
IV. ORDERING CLAUSES
15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Orvac Electronics, Inc., is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of seven thousand dollars ($7,000) for willfully and repeatedly
violating Section 302(b) of the Act and Section 2.803(a)(1) of the
Rules.
16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Orvac Electronics, Inc.,
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
17. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Orvac
Electronics, Inc., must submit the report described in paragraph 14,
above, within no more than thirty (30) days following the release of
this NAL, to the Federal Communications Commission, Enforcement
Bureau, Western Region, Los Angeles Office, 18000 Studebaker Rd.,
Suite 660, Cerritos, California 90703, and must include the NAL/Acct.
No. referenced in the caption.
18. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under
an installment plan should be sent to: Chief Financial Officer --
Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554. Please contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
questions regarding payment procedures. Orvac Electronics, Inc.,
shall also send electronic notification on the date said payment is
made to WR-Response@fcc.gov.
19. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Los Angeles District
Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 90703 and must
include the NAL/Acct. No. referenced in the caption. An electronic
copy shall be sent to WR-Response@fcc.gov.
20. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
21. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Orvac Electronics, Inc.
FEDERAL COMMUNICATIONS COMMISSION
Leo E. Cirbo
Acting Interim District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 U.S.C. S: 503(b).
This included models manufactured by Cop Security and LYD.
Such devices are intentional radiators and must be certificated by the
Commission prior to marketing. See 47 C.F.R. S: 15.201(b).
47 C.F.R. S: 15.201.
47 C.F.R. S: 2.925.
Citation to Orvac Electronics, released January 23, 2007 ("Citation").
See 47 C.F.R. S: 1.80(b)(3).
See 47 U.S.C. S:S: 501, 503(b), 510.
Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he term 'repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S: 15.3.
47 C.F.R. S: 15.201(b).
47 C.F.R. S: 2.907(a).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(E).
18 U.S.C. S:S: 1001 et seq; see also 47 C.F.R. S: 1.17.
47 U.S.C. S:S: 302a(b), 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
2.803(a)(1).
47 U.S.C. S: 403.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission