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July 13, 2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE
OvisLink Technologies, Corp.
Attn: James Ho
1301 John Reed Court
City of Industry, CA 91745
Re: File No. EB-05-SE-018
Dear Mr. Ho:
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, specifically, external radio frequency power
amplifiers, in the United States in violation of Section 302(b) of the Act
and Sections 2.803 and 15.204(d) of the Commission's Rules ("Rules"). As
explained below, future violations of the Commission's rules in this
regard may subject your company to monetary forfeitures.
On August 2, 2005, staff from the Spectrum Enforcement Division ("SED") of
the Commission's Enforcement Bureau visited the internet web site store
for OvisLink products, http://store.ovislink.com ("OvisLink online
store"). The OvisLink online store listed several models of "power
boosters," or external radio frequency power amplifiers, for individual
sale and use in the unlicensed 2.4 GHz band, including the following
models:
1) WPA-2400EG23 (200 mW indoor booster, $286.00)
2) WPA-2400 (1 W outdoor booster, $252.00)
3) WPA-2400IB-20 (100 mW indoor booster, $65.00)
4) WPA-2400IG-23 (200 mW indoor booster, $102.00, alternatively listed as
WAP-2400IG-23)
On September 7, 2005 and November 15, 2005, the Spectrum Enforcement
Division ("Division") of the Commission's Enforcement Bureau issued
letters of inquiry ("LOI") to OvisLink Technologies, Corp. ("OvisLink")
requesting information as to whether OvisLink was marketing certain
external radio frequency power amplifiers in the United States.
In its response to the Division's November 15, 2005 LOI, OvisLink stated
that it did not manufacture any of the external radio frequency power
amplifiers. Rather, OvisLink identified Argtek Communications, Inc.
("Argtek"), a company located in Taipai, Taiwan, as the manufacturer of
the amplifiers. OvisLink further stated that it imported two samples of
each of the following models of external radio frequency power amplifiers:
the WPA-2400IG-20, WPA-2400IB-20, WPA-2400IB-23, WPA-2400IB-27, and
WPA-2400EG-23. OvisLink claimed that after evaluating these items,
however, it decided not to import the units for sale. Additionally,
OvisLink submitted copies of "certificates" for certain amplifiers which
it had received from Argtek. These "certificates" in fact were labeled as
"Declaration of Conformity("DOC") test reports." Finally, OvisLink claimed
that it currently does not market these devices for sale in the United
States.
Subsequently, on January 25, 2006, the Division staff observed that
OvisLink was marketing certain models of external radio frequency power
amplifiers on its website. Specifically, we note that the following models
of power amplifiers were being advertised and marketed for individual sale
on OvisLink's internet online store, http://store.ovislinkonline.com, on
January 25, 2006:
1) WPA-2400EG-27 (500 mW outdoor booster, $299.00)
2) WPA-2400EG-30 (1 W outdoor booster, $356)
3) WPA-2400 (1 W outdoor booster, $252.00)
4) WPA-2400IB-20 (100 mW indoor booster, $65.00, alternatively listed as
WAP-2400IB-20)
5) WPA-2400IB-23 (200 mW indoor booster, $69.00, alternatively listed as
WAP-2400IB-23)
6) WPA-2400IG-20 (100 mW indoor booster, $102.00, alternatively listed as
WAP-2400IG-20)
7) WPA-2400IG-23 (200 mW indoor booster, $102.00, alternatively listed as
WAP-2400IG-23)
8) WPA-2400IG-27 (500 mW indoor booster, $136.00, alternatively listed as
WAP-2400IG-27)
The company information page,
[1]http://store.ovislinkonline.com/info.html, stated on January 25, 2006
that it offered "Free UPS Ground shipping within the U.S. for any order
over $150!" It also advised visitors of a 8.25% tax "on orders shipped to
California, U.S."
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:
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 15.204(a) of the Rules provides that:
Except as otherwise described in paragraphs (b) and (d) of this section,
no person shall use, manufacture, sell or lease, offer for sale or lease
(including advertising for sale or lease), or import, ship or distribute
for purpose of selling or leasing, any external radio frequency power
amplifier or amplifier kit intended for use with a part 15 intentional
radiator.
Further, Section 15.204(d)(1) provides that:
Except as described in this paragraph, an external radio frequency power
amplifier or amplifier kit shall be marketed only with the system
configuration with which it was approved and not as a separate product. An
external radio frequency power amplifier may be marketed for individual
sale provided it is intended for use in conjunction with a transmitter
that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands
pursuant to S15.247 of this part or a transmitter that operates in the
5.725-5.825 GHz band pursuant to S15.407 of this part. The amplifier must
be of a design such that it can only be connected as part of a system in
which it has been previously authorized.
The "certificates" submitted by OvisLink are labeled as DOC test reports.
External radio frequency power amplifiers are intentional radiators
subject to certification rather than DOC authorization procedures.
Furthermore, our review of the FCC's equipment authorization database does
not show these devices to be certified as part of any transmission system.
As set forth above, OvisLink marketed these power amplifiers for
individual sale on its website on August 2, 2005 and January 25, 2006.
Accordingly, it appears that OvisLink has violated Section 302(b) of the
Act and Sections 2.803 and 15.204(d) of the Rules by marketing in the
United States for individual sale external radio frequency power
amplifiers that have not been certified as part of a transmission system.
If, after receipt of this citation, OvisLink violates 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 you choose to do so, you 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 your place of business, or (2) a
written statement. Your response should specify the actions that OvisLink
is taking to ensure that it does not violate the Commission's rules
governing the marketing of external radio frequency power amplifiers in
the future.
The nearest Commission field office is the Los Angeles Office in Los
Angeles, CA. Please call Jackie Ellington at 202-418-1153 if you wish to
schedule a personal interview. You should schedule any interview to take
place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to:
Kathryn S. Berthot
Deputy Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12^th Street, SW, Rm. 7-C802
Washington, DC 20554
Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
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.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn S. 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. SS 2.803 and 15.204(d).
See Letters from Kathryn Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, to
OvisLink Technologies, Corp. (September 7 and November 18, 2005).
See E-mail from James Ho, OvisLink Technologies, Corp. to Jackie
Ellington, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (December 2, 2005).
Id.
A Declaration of Conformity is a procedure where the responsible party, as
defined in 47 C.F.R. S 2.909, makes measurements or takes other necessary
steps to ensure that the equipment complies with the appropriate technical
standards. 47 C.F.R. S 2.906.
47 C.F.R. S 15.3(o) defines an intentional radiator as "A device that
intentionally generates radio frequency energy by radiation or induction."
Certification is an equipment authorization issued by the Commission,
based on representations and test data submitted by the applicant. 47
C.F.R. S 2.907(a).
47 C.F.R. S 2.803(e)(4) defines marketing as the "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."
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 06-1436
3
2
Federal Communications Commission DA 06-1436
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
Visible links
1. http://store.ovislinkonline.com/info.html