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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )
Inteligain Corporation, Inc.      )    File No. EB-04-SE-218
Calabasas, California             )
                                 )    NAL/Acct. No. 200532100014 
                                 )
                                 )    FRN # 0009360082
                                 )

        NOTICE OF APPARENT LIABILITY FOR FORFEITURE


Adopted:  September 8, 2005             Released:  September 
12, 2005

By  the Chief,  Spectrum  Enforcement Division,  Enforcement 
Bureau:

I.  INTRODUCTION

     1.        In this Notice of Apparent Liability for 
Forfeiture ("NAL"), we find that Inteligain Corporation, 
Inc. (``Inteligain'') has apparently willfully and 
repeatedly violated Section 302(b) of the Communications Act 
of 1934, as amended (``Act''),1 and Section 2.803(a)(1) of 
the Commission's Rules (``Rules'')2 by marketing the 
Inteligain model DBA-819 dual band cellular and Personal 
Communications Service (``PCS'') amplifier, FCC ID # 
RCUDBA819-807, in a manner inconsistent with a condition in 
its equipment certification intended to ensure compliance 
with RF exposure limits.  We conclude that Inteligain is 
apparently liable for a forfeiture in the amount of seven 
thousand dollars ($7,000). 

II.  BACKGROUND

     2.        In July 2004, the Enforcement Bureau's 
Spectrum Enforcement Division received a complaint alleging 
that the label on the Inteligain model DBA-819 dual band 
cellular and PCS amplifier (``DBA-819 amplifier'') did not 
include any FCC identifier, which suggested that the device 
had not been certified in accordance with the Commission's 
equipment authorization requirements.  Under Section 
2.925(a)(1) of the Rules,3 certified equipment must include 
a label or nameplate listing the FCC identifier.  

     3.        A review of Commission records revealed that 
an equipment authorization for the DBA-819 amplifier was 
granted in January 2003 to Arrista Technologies, Inc. under 
FCC ID # P35SSG-819-1W2W.  This authorization included the 
following condition intended to ensure compliance with the 
RF radiation maximum permissible exposure limits set forth 
in Section 1.1310 of the Rules4:

     The antenna(s)  used for this transmitter  must be 
     installed to  provide a separation distance  of at 
     least 50 cm  from all persons and must  not be co-
     located or operating in conjunction with any other 
     antenna or transmitter.  Users and installers must 
     be provided with antenna installation instructions 
     and    transmitter   operating    conditions   for 
     satisfying RF exposure compliance.

In  July 2003,  Inteligain  filed an  application seeking  a 
change in the FCC identifier for the DBA-819 amplifier.5  In 
its application, Inteligain noted  that the application ``is 
for a  change in the FCC  identifier only with no  change in 
the design,  circuitry or  construction'' of the  device and 
specifically requested that the above condition regarding RF 
exposure  compliance be  placed on  the authorization.   The 
user manual  submitted with the application  included in the 
``Warnings''  section the  following  instruction to  users:  
``Directly  wired   vehicle  antennas,  mounted   a  minimum 
distance  of  50  cm  (19.5'') away  from  any  person,  are 
recommended.''  On July 29,  2003, Inteligain was granted an 
authorization  for  the DBA-819  amplifier  under  FCC ID  # 
RCUSG819-807 which included the  same condition regarding RF 
exposure compliance that was on the original authorization.  

     4.        On September 7, 2004, the Spectrum 
Enforcement Division sent Inteligain a letter of inquiry 
(``LOI'').6  In its response dated September 29, 2004, 
Inteligain stated that after receiving an equipment 
authorization for the DBA-819 amplifier in July 2003 under 
FCC ID # RCUSG819-707, it delayed bringing the device to 
market first because of technical problems and then because 
of a potential patent infringement problem with the device.  
Inteligain stated that it subsequently entered into an 
agreement with the patent holder to manufacture the device 
and began manufacturing the device in May 2004.  Inteligain 
also stated that it had manufactured 3,602 units of the DBA-
819 amplifier to date and that each device has a label with 
an FCC identifier attached to the back at the time of 
manufacture. Inteligain asserted that ``[t]hrough a clerical 
error, we changed part of the grant code [of the FCC 
identifier], specifically, the letters SG to DBA, so we 
would know that these units were produced under the patent 
royalty Agreement.''  Inteligain indicated that since May 
2004, it had sold and shipped these devices to ten 
retailers.   

     5.        Inteligain further asserted that after 
receiving the LOI, it filed an application to change the FCC 
identifier of the DBA-819 amplifier from RCUSG819-807 to 
RCUDBA819-807.  Inteligain's application indicated that 
other than the change in FCC identifier, ``the equipment is 
electrically and mechanically the same'' and requested that 
the same condition regarding RF exposure compliance that was 
on the original authorization under FCC ID # P35SSG-819-1W2W 
and the authorization under FCC ID # RCUSG819-807 be placed 
on the new authorization.    On September 18, 2004, 
Inteligain was granted an authorization for the DBA-819 
amplifier under FCC ID # RCUDBA819-807 which included the 
condition regarding RF exposure compliance.  

     6.        However, in reviewing Inteligain's response, 
the Spectrum Enforcement Division found that the user manual 
for the DBA-819 amplifier submitted with Inteligain's 
response instructs users in the ``Warnings'' section that 
``Directly wired vehicle antennas, mounted a minimum 
distance of 20 cm (7.87 inches) [emphasis added] away from 
any person, are recommended.''  Thus, the user manual 
currently being distributed by Inteligain with the DBA-819 
amplifier does not comply with the explicit condition 
regarding RF exposure compliance set forth in the 
authorization.  

III.  DISCUSSION

     7.        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:  

     Except 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 ... [i]n the 
     case of a device that is 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 and other relevant sections in this 
     chapter.

Pursuant  to Section  2.1091 of  the Rules,7  certain mobile 
devices,8 such as the DBA-819 amplifier, that operate in the 
cellular   and  PCS   services   are   subject  to   routine 
environmental evaluation for RF  radiation exposure prior to 
equipment   authorization   or  use.9     Applications   for 
equipment authorization  of such  mobile devices  subject to 
routine  environmental evaluation  must contain  a statement 
confirming compliance with  the maximum permissible exposure 
limits  for occupational/controlled  exposure10 and  general 
population/uncontrolled  exposure11  set  forth  in  Section 
1.1310 of  the Rules.  Further, Section  2.1091(d)(3) of the 
Rules provides that if appropriate, compliance with exposure 
limits for  such mobile devices  can be accomplished  by the 
use  of   warning  labels   and  by  providing   users  with 
information  concerning  minimum separation  distances  from 
transmitting structures and proper installation of antennas.

     8.        The original application for equipment 
authorization for the DBA-819 amplifier included an RF 
exposure analysis which demonstrated that the device 
complies with the maximum permissible exposure limits for 
occupational/controlled exposure and general 
population/uncontrolled exposure set forth in Section 1.1310 
when the antenna is mounted a minimum distance of 50 cm from 
all persons.  The original equipment certification granted 
for the DBA-819 amplifier under FCC ID # P35SSG-819-1W2W 
included the following condition:

     The antenna(s)  used for this transmitter  must be 
     installed to  provide a separation distance  of at 
     least 50 cm  from all persons and must  not be co-
     located or operating in conjunction with any other 
     antenna or transmitter.  Users and installers must 
     be provided with antenna installation instructions 
     and    transmitter   operating    conditions   for 
     satisfying RF exposure compliance.

Inteligain subsequently filed two applications seeking to 
change the FCC identifier for the DBA-819 amplifier, first, 
in July 2003, to FCC ID #  RCUSG819-807 and later, in 
September 2004, to FCC ID #  RCUDBA819-807.  Both of these 
applications indicated that there was no change in the 
design, circuitry and construction of the device and both 
applications requested that the above condition regarding RF 
exposure compliance be placed on the authorization.  The 
authorization granted under FCC ID # RCUSG819-807 and the 
current authorization granted under FCC ID # RCUDBA819-807 
both include this condition.  However,  the user manual 
which Inteligain is currently distributing with the DBA-819 
amplifier instructs users in the ``Warnings'' section that 
``Directly wired vehicle antennas, mounted a minimum 
distance of 20 cm (7.87 inches) [emphasis added] away from 
any person, are recommended.''    Based on the RF exposure 
analysis provided in the original equipment authorization 
application for the DBA-819 amplifier, it appears that the 
DBA-819 amplifier will not comply with applicable RF 
radiation exposure limits when the antenna is installed only 
20 cm away from persons.  We conclude that by marketing the 
DBA-819 amplifier without the proper warning concerning 
minimum separation distance required by the condition in its 
equipment authorization, Inteligain apparently violated 
Section 302(b) of the Act and Section 2.803(a)(1) of the 
Rules.  

     9.        Section 2.925 of the Rules requires that 
equipment authorized under the certification procedures bear 
a nameplate or label listing the FCC identifier.  
Inteligain's response indicates that between May 2004 and 
September 2004, Inteligain manufactured and distributed DBA-
819 amplifiers labeled with an incorrect FCC identifier.  
Inteligain failed to correct this error until after receipt 
of the Enforcement Bureau's LOI.  We find, therefore, that 
Inteligain apparently marketed an amplifier that was not 
compliant with the labeling requirements of Section 2.925.

     10.       Accordingly, we find that Inteligain 
apparently willfully12 and repeatedly 13 violated Section 
302(b) of the Act and Section 2.803(a)(1) of the Rules.

     11.       Section 503(b) of the Act authorizes the 
Commission to assess a forfeiture for each willful or 
repeated violation of the Act or of any rule, regulation, or 
order issued by the Commission under the Act.14  In 
exercising such authority, we are required to take into 
account ``the nature, circumstances, extent, and gravity of 
the violation and, with respect to the violator, the degree 
of culpability, any history of prior offenses, ability to 
pay, and such other matters as justice may require.''15

     12.       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'')16 and Section 1.80 of the Rules,17 the 
base forfeiture amount for the importation or marketing of 
unauthorized equipment is $7,000.  Here, Inteligain 
marketed, and apparently continues to market, equipment in a 
manner inconsistent with a condition in its equipment 
authorized intended to ensure compliance with RF exposure 
limits.  Given the public safety nature of this violation, 
we believe that a proposed forfeiture is warranted.18  
Accordingly, applying the Forfeiture Policy Statement and 
statutory factors to the instant case, we conclude that 
Inteligain is apparently liable for a $7,000 forfeiture.

     13.       Finally, pursuant to Section 403 of the Act, 
19 we direct Inteligain to submit an affidavit, signed by an 
officer or director,  within 30 days of the  release of this 
NAL  demonstrating   that  it  taken  steps   to  come  into 
compliance with  the condition in its  certification for the 
DBA-819 amplifier with respect to any new DBA-819 amplifiers 
marketed by Inteligain.  We note  that failure to submit the 
affidavit  may  subject  Inteligain to  further  enforcement 
action.  In  addition, we urge  Inteligain to take  steps to 
provide existing users of the DBA-819 amplifier with revised 
manuals   detailing   the   correct   antenna   installation 
instructions  and   transmitter  operating   conditions  for 
satisfying RF exposure compliance.

IV.  ORDERING CLAUSES

     14.       Accordingly, IT IS ORDERED that, pursuant to 
pursuant to Section 503(b) of the Act  and Section 1.80 of 
the Rules, Inteligain IS hereby NOTIFIED of its 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.
     15.       IT IS FURTHER ORDERED THAT, pursuant to 
Section 1.80 of the Rules, within thirty days of the release 
date of this Notice of Apparent Liability for Forfeiture, 
Inteligain, SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     16.       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/Acct. No. and FRN No. referenced above.  Payment 
by check or money order may be mailed to Federal 
Communications Commission, P.O. Box 358340, Pittsburgh, PA 
15251-8340.  Payment by overnight mail may be sent to Mellon 
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251.   Payment by wire transfer may be made to ABA 
Number 043000261, receiving bank Mellon Bank, and account 
number 911-6106.

     17.       The response, if any, must be mailed to the 
Office of the Secretary, Federal Communications Commission, 
445 12th Street, S.W., Washington, D.C. 20554, ATTN: 
Enforcement Bureau - Spectrum Enforcement Division, and must 
include the NAL/Acct. No. referenced in the caption.

     18.       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; 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.
     19.       Requests for payment of the full amount of 
this Notice of Apparent Liability for Forfeiture under an 
installment plan should be sent to: Chief, Revenue and 
Receivable Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.20

     20.       IT  IS  FURTHER  ORDERED  that,  pursuant  to 
Section 403 of the Act, Inteligain must submit the affidavit 
described in  paragraph 13  above, within  30 days  from the 
release of this NAL, to:  Federal Communications Commission, 
Enforcement Bureau, Spectrum  Enforcement Division, 445 12th 
Street,   S.W.,  Room   7-C833,   Washington,  D.C.   20554, 
Attention: Brett Greenwalt.  

     21.       IT IS FURTHER ORDERED that a copy of this 
Notice of Apparent Liability for Forfeiture shall be sent by 
first class mail and certified mail return receipt requested 
to Dana Mitchell President, Inteligain Corporation, Inc., 
26500 Agoura Road Suite 102-656, Calabasas, California 
91302.  

                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         


                         
                              Joseph P. Casey
                              Chief,   Spectrum  Enforcement 
Division
                              Enforcement Bureau

_________________________

147 U.S.C. § 302a(b).
247 C.F.R. § 2.803(a)(1).
347 C.F.R. § 2.925(a)(1).
447 C.F.R. § 1.1310.  
5It appears that Arrista assigned  its rights to this device 
to Inteligain. 
6See   Letter  from   Joseph  P.   Casey,  Chief,   Spectrum 
Enforcement  Division,  Enforcement  Bureau,  to  Inteligain 
Corporation, Inc. (September 7, 2004).
747 C.F.R. § 2.1091.
8Section  2.1091(b)  defines  a  ``mobile  device''  as  ``a 
transmitting device designed to be  used in other than fixed 
locations  and to generally  be used  in such  a way  that a 
separation distance  of at least 20  centimeters is normally 
maintained between the  transmitter's radiating structure(s) 
and the body of the user or nearby persons.''   
9See 47 C.F.R. § 2.1091(c).  
10The  occupational/controlled  exposure   limits  apply  in 
situations in which persons are  exposed as a consequence of 
their employment  provided those persons are  fully aware of 
the  potential for  exposure and  can exercise  control over 
their  exposure.   The  limits  for  occupational/controlled 
exposure  also apply  in situations  where an  individual is 
transient through  a location where the  occupational limits 
apply,  provided  that  he  or  she is  made  aware  of  the 
potential for exposure.  47 C.F.R. § 1.1310, Note 1 to Table 
1.
11The general population/uncontrolled  exposure limits apply 
in situations in which the general public may be exposed, or 
in which persons that are  exposed as a consequence of their 
employment  may not  be  fully aware  of  the potential  for 
exposure  or cannot  exercise control  over their  exposure.   
47 C.F.R. § 1.1310, Note 1 to Table 1.
12Section 312(f)(1) of the Act, 47 U.S.C. § 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,' ... 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).
13Section 312(f)(2)  of the  Act provides that  ``[t]he term 
`repeated,' ... 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. § 312(f)(2).
1447 U.S.C. § 503(b).
1547 U.S.C. § 503(b)(2)(D).
1612  FCC Rcd  17087 (1997),  recon. denied  15 FCC  Rcd 303 
(1999).
1747 C.F.R. § 1.80.
18We   are  not   proposing   a   separate  forfeiture   for 
Inteligain's labeling violation.
1947 U.S.C. § 403. 
20See 47 C.F.R. § 1.1914.