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January 31, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DreamBox USA
Attn: Carl W. Struckmeyer
100 Dawnbrook Lane
Williamsville, NY 14221
Re: File No. EB-05-SE-174
Dear Mr. Struckmeyer:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S 503(b)(5), for
marketing an unauthorized radio frequency device in the United States in
violation of Section 302(b) of the Communications Act, 47 U.S.C. S
302a(b), and Section 2.803 of the Commission's Rules ("Rules"), 47 C.F.R.
S 2.803. As explained below, future violations of the Commission's rules
in this regard may subject your company to monetary forfeitures.
The Spectrum Enforcement Division ("Division") of the Commission's
Enforcement Bureau received a complaint alleging that DreamBox USA was
importing and marketing unauthorized direct broadcast satellite receivers,
the DreamBox DM500-S ("DM500-S") and the DreamBox DM7020-S ("DM7020-S").
On several occasions, Division staff visited the DreamBox USA web site,
www.dreamboxusa.com, and observed that both the DM500-S and the DM7020-S
receivers were being marketed.
On April 19, 2006, the Division issued a Letter of Inquiry ("LOI") to
DreamBox USA seeking information concerning its importation and marketing
of the devices. In your response dated May 13, 2006, you acknowledged
marketing the DM500-S and DM7020-S receivers. Additionally, you
identified One-O-One iSolutions ("One-O-One"), a company based in
Cupertino, California, as your distributor of these receivers.
Your response failed to indicate whether the DM500-S and DM7020-S
receivers met the Commission's requirements for either certification or
Declaration of Conformity, as required by Section 15.101(a) of the Rules,
47 C.F.R. S 15.101(a). You stated that these receivers have been imported
for years and that you were "under the understanding from the distributors
that they meet all of the rules and regulations." You added that you do
not have or know of "any certificates required to re-sell these
receivers."
On October 2, 2006, the Division issued an LOI to One-O-One, seeking
further information regarding its distribution of the DM500-S and DM7020-S
receivers. In its response dated November 5, 2006, One-O-One included a
Declaration of Conformity test report for the DM500-S. One-O-One did not
provide a test report for the DM7020-S receiver, and added that to the
best of its knowledge, "there is no FCC certificate available for the
DM7020-S."
Sections 2.936, 2.1076 and 15.29 of the Rules, 47 C.F.R.SS 2.936, 2.1076
and 15.29, require that documents and/or test samples demonstrating
equipment compliance be provided to the Commission upon reasonable
request. Neither DreamBox USA nor One-O-One has provided documentation or
other proof indicating that the DM7020-S receiver complies with either the
Declaration of Conformity or certification requirements for television
interface devices as specified in Section 15.101(a) of the Rules.
Therefore, we conclude that the DM7020-S receiver is an unauthorized
device.
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) 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: (1) In 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
labelled as required by S 2.925 and other relevant sections in this
chapter; or (2) In 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, labeling and identification requirements specified
in this chapter.
Accordingly, the DM7020-S receiver cannot be marketed in the United States
prior to it being approved in accordance with the FCC's Declaration of
Conformity or certification procedures. It thus appears that DreamBox USA
has violated Section 302(b) of the Act and Section 2.803 of the Rules by
marketing in the United States a radio frequency device that is not
authorized.
If, after receipt of this citation, you violate 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.
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 DreamBox USA is taking to ensure
that it does not violate the Commission's rules governing the marketing of
unauthorized radio frequency equipment in the future.
The nearest Commission Field Office is located in Buffalo, New York.
Please call Gabriel Collazo at 202-418-1160 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 Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Re: EB-05-SE-174
Federal Communications Commission
445-12^th Street, S.W., Rm. 3-C366
Washington, D.C. 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 Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission to
DreamBox USA (April 19, 2006).
Letter from Carl W. Struckmeyer to Brian Butler, Assistant Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission (May 13, 2006).
See Sections 2.907, 2.911 and 2.913 of the Rules, 47 C.F.R. SS 2.907,
2.911, and 2.913.
See Sections 2.906, 2.909 and 2.1071 through 2.1077 of the Rules, 47
C.F.R.SS 2.906, 2.909, and 2.1071 through 2.1077.
Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission to
One-O-One iSolutions, Inc. (October 2, 2006).
Letter from Christoph Goeltner, to Gabriel Collazo, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission (November
5, 2006).
See Section 1.80(b)(3) of the Rules, 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 07-321
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Federal Communications Commission DA 07-321
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554