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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                          
                                                                
                                     )                          
     In the Matter of                                           
                                     )   File No. EB-06-SE-372  
     Multispectral Solutions, Inc.                              
                                     )                          
                                                                
                                     )                          


                          MEMORANDUM OPINION AND ORDER

   Adopted: December  12, 2006 Released: December  14, 2006

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order, we admonish Multispectral
       Solutions, Inc. ("MSSI") for marketing in the United States
       unauthorized radio frequency devices 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").

   II. BACKGROUND

    2. MSSI manufactures and markets an ultra-wideband ("UWB") precision
       asset localization system that utilizes an UWB receiver and processor
       hub. The receiver and processor hub are classified as Class A digital
       devices and are required to be verified under Section 15.101(a) of the
       Rules.

    3. On October 31, 2006, in response to a complaint alleging that the UWB
       receiver and processor hub in MSSI's precision asset localization
       system had not been verified in accordance with the FCC's rules, the
       Spectrum Enforcement Division of the Enforcement Bureau issued a
       letter of inquiry ("LOI") to MSSI. In its response to the LOI, dated
       November 22, 2006, MSSI stated that it began marketing its precision
       asset localization system in the United States in 2003. MSSI
       acknowledged that the system was marketed prior to verification of the
       UWB receivers and processor hubs utilized in the system. MSSI asserted
       that it was not aware that the UWB receivers and processor hubs
       associated with its system were required to be verified. MSSI stated
       that it became aware of the verification requirement and proceeded to
       comply fully with all FCC regulations in June 2005. Finally, MSSI
       asserted that all precision asset localization systems marketed after
       October 2005 are fully FCC compliant.

   III. DISCUSSION

    4. 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)(2) 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, 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 not required to have a grant of equipment
   authorization issued by the Commission, but which must comply with the
   specified technical standards prior to use, such device also complies with
   all applicable administrative (including verification of the equipment or
   authorization under a Declaration of Conformity, where required),
   technical, labelling and identification requirements specified in this
   chapter.

   Pursuant to Section 15.101(a) of the Rules, Class A digital devices, such
   as MSSI's UWB receivers and processor hubs, must be verified prior to
   marketing in the United States.

    5. MSSI marketed its precision asset location system in the United States
       between 2003 and 2005. MSSI admits that the system was marketed prior
       to the completion of verification procedures for the UWB receiver and
       processor hub. Accordingly, we conclude that MSSI marketed
       unauthorized radio frequency devices in violation of Section 302(b) of
       the Act and Section 2.803(a) of the Rules.

    6. Although we believe that a monetary forfeiture would be warranted for
       this violation, we note that MSSI has not marketed the system in the
       United States since October 2005. The statute of limitations for
       issuing a Notice of Apparent Liability in this case is one year from
       the date of violation. Accordingly, based upon our review of the facts
       and circumstances in this case, and because we are barred by the
       one-year statute of limitations from issuing a Notice of Apparent
       Liability, we admonish MSSI for marketing unauthorized equipment in
       violation of Section 302(b) of the Act and Section 2.803(a) of the
       Rules.

   IV. ORDERING CLAUSES

   6. Accordingly, IT IS ORDERED that Multispectral Solutions, Inc. IS
   ADMONISHED for marketing unauthorized radio frequency devices in violation
   of Section 302(b) of the Act and Section 2.803(a) of the Rules.

   7.  IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order
   shall be sent by Certified Mail, Return Receipt Requested, to the
   attention of Dr. Robert J. Fontana, President, Multispectral Solutions,
   Inc., 20300 Century Blvd, Germantown, MD 20874.

   FEDERAL COMMUNICATIONS COMMISION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

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

   47 C.F.R. S 2.803(a).

   47 C.F.R. SS 15.101(a).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Dr. Robert J.
   Fontana, President, Multispectral Solutions, Inc. (October 31, 2006).

   See Letter from Dr. Robert J. Fontana, President, Multispectral Solutions,
   Inc. to the Federal Communications Commission, Spectrum Enforcement
   Division, Enforcement Bureau (November 22, 2006), at 1.

   Id. at 4. MSSI indicated, however, that the radio frequency identification
   tags utilized in the system, which are intentional radiators subject to
   the equipment certification requirements, were certified prior to
   marketing of the system. Id. at 2.

   Id. at 1.

   See 47 U.S.C. S 503(b)(6); 47 C.F.R. S 1.80(c)(3).

   Federal Communications Commission DA 06-2499

   3

   Federal Communications Commission DA 06-2499