******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************



   May 25, 2006

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Jeffrey Hill, Sales Manager

   Oneida Air Systems, Inc.

   1001 W. Fayette Street

   Syracuse, New York 13204-2859

   Re: File No. EB-06-SE-071

   Dear Mr. Hill:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), for marketing unauthorized
   radio frequency devices in the United States in violation of Section
   302(b) of the Communications Act of 1934, as amended ("Act"), and Section
   2.803(a) of the Commission's Rules ("Rules"). As explained below, future
   violations of the equipment provisions of the Act and Rules may subject
   Oneida Air Systems, Inc. ("Oneida") to monetary forfeitures.

   By letter of inquiry ("LOI") dated March 6, 2006, the Spectrum Enforcement
   Division of the Commission's Enforcement Bureau initiated an investigation
   into whether Oneida marketed dust collection equipment with unauthorized
   remote control devices.

   In its response to the LOI, Oneida admits that in December of 2005 it
   began importing units of the remote control device. Oneida states that it
   "connected" the remote control devices to two models of its dust
   collection equipment (XGK020105 Super Dust Gorilla 2Hp 1Ph and XGK030105
   Super Dust Gorilla 3Hp 1Ph Kits), and also "resold" a small number of the
   remote control devices "as add-ons for [its] existing systems." Oneida
   also admits that, in December of 2005, it began marketing its "dust
   collection equipment with remote control" on its website, and paid for
   advertisements that later appeared in two woodworking trade magazines.
   Oneida further admits that it imported 875 units of the remote control
   device, sold 343 units of its dust collection equipment with installed
   remote devices to end-user customers and 20 units (10 each) to two
   wholesale distributors -- prior to March 13, 2006, the date the remote
   control device was granted an equipment certification.

   Oneida states that on January 27, 2006, it received notice from Commission
   staff that the marketing of unauthorized radio frequency devices violates
   Section 2.803(a) of the Rules. After receiving such notice, Oneida states
   that it "immediately" ceased importing and selling the remote devices.
   Oneida further states it only resumed importing and selling the remote
   control devices after it learned that the device was certified and
   consulted with Commission staff.

   Finally, Oneida explains that it is a "small manufacturer of dust
   collection equipment used mostly in the woodworking industry," that it
   recently introduced the remote control device to remain competitive, and
   that it had no prior familiarity with Commission equipment authorization
   and related requirements. Oneida adds that it took prompt corrective
   measures by ceasing to import and sell the remote control devices when it
   learned that the device was not certified. Moreover, Oneida states that
   after the device was certified, it sent all of its customers FCC ID labels
   and addendums to their manuals.

   Section 302(b) of the Act prohibits the marketing of unauthorized radio
   frequency devices. Specifically, Section 302(b) 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:

   [N]o 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.

   Under Section 15.201(b) of the Rules, an intentional radiator, such as the
   remote control device, must be authorized in accordance with the FCC's
   certification procedures prior to marketing in the United States.
   Additionally, an intentional radiator must be labeled as specified in
   Sections 2.925 and 15.19(a) of the Rules, and the accompanying user or
   instruction manual must contain the information specified in Section 15.21
   of the Rules.

   Oneida apparently violated the above requirements by marketing dust
   collection equipment with the installed remote control device, and by
   selling the add-on remote control device separately -- prior to
   certification.

   If, after receipt of this citation, Oneida violates the above equipment
   requirements set forth in the Communications Act or the Commission's Rules
   in any manner described herein, the Commission may impose monetary
   forfeitures not to exceed $11,000 for each such violation or each day of a
   continuing violation.

   If Oneida chooses to do so, it 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 its place of business, or (2) a
   written statement. Oneida's response should specify the actions that it is
   taking to ensure that it does not violate the Commission's rules governing
   the marketing of radio frequency equipment in the future.

   The nearest Commission Field Office is located in Buffalo, New York.
   Please call Ava Holly Berland at 202-418-2075 if Oneida wishes to schedule
   a personal interview.  Oneida should schedule any interview to take place
   within 30 days of the date of this letter. Oneida should send any written
   statement within 30 days of the date of this letter to:

   Kathryn Berthot

   Deputy Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   445-12^th Street, S.W., Rm. 7-C802

   Washington, D.C. 20554

   Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), Oneida is advised
   that the Commission's staff will use all relevant material information
   before it, including information that Oneida discloses in its interview or
   written statement, to determine what, if any, enforcement action is
   required to ensure its future compliance with the Communications Act and
   the Commission's rules.

   Oneida is further advised that 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.

   We thank Oneida in advance for its anticipated cooperation.

   Sincerely,

   Kathryn Berthot

   Deputy Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

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

   47 U.S.C. S 302a(b).

   47 C.F.R. S 2.803(a). Marketing includes "sale or lease, or offering for
   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 Letter from Kathryn S. Berthot, Deputy Division, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission, to
   Jeffrey Hill, Oneida Air Systems, Inc. (March 6, 2006).

   See Facsimile from Jeffrey Hill, Oneida Air Systems, Inc. to Kathryn S.
   Berthot, Deputy Division, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (April 6, 2006) ("Response").

   Id. at 4. According to Oneida, it purchased and imported the remote
   control devices from a manufacturer in Taiwan, NHD Industrial Co., Ltd.
   Id. at 3

   Response at 4.

   Id. at 6.

   Id. at 7.

   FCC ID # TZNMS1 (granted: March 13, 2006, grantee: Purplexy Electronics
   Co., Ltd, Taiwan).

   Id. at 6. See also Letter from Ray LaForge, Chief, Audits and Compliance
   Branch, Office of Engineering and Technology, Federal Communications
   Commission to Oneida Air Systems, Inc. (January 23, 2006).

   Response at 6.

   Id.

   Id. at 12.

   Id.

   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).

   47 C.F.R. S 15.19(a).

   47 C.F.R. S 15.21.

   See 47 C.F.R. S 1.80(b)(3). It should be noted that unfamiliarity with the
   Act or Rules requirements does excuse past violations. See, e.g., San Jose
   Navigation, Inc.. FCC 06-30 P 16 (rel. March 14, 2006); see also Profit
   Enterprises, Inc., 8 FCC Rcd 2846, 2846 P 5 (1993). Additionally,
   corrective measures taken after Commission notification, or initiation of
   investigation into, does not excuse past violations of the Act or Rules.
   See, e.g., ACR Electronics, Inc., 19 FCC Rcd 22293, 22303 P 25 (2004),
   forfeiture ordered, FCC 06-37 (rel. March 23, 2006); Seawest Yacht
   Brokers, 9 FCC Rcd 6099, 6099 P 7 (1994).

   Federal Communications Commission DA 06-1084

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554