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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                               
                                                                     
     In the Matter of                )   File No. EB-05-SE-362       
                                                                     
     Austin Hughes Solutions, Inc.   )   NAL/Acct. No. 200832100008
                                                                     
     Union City, CA                  )   FRN: 0017194465             
                                                                     
                                     )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: November 30, 2007 Released: December 3, 2007

   By the Commission:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Austin Hughes Solutions, Inc. ("Austin Hughes") apparently liable for
       a forfeiture for marketing nine models of non-verified Class A digital
       devices in apparent willful and repeated violation of Section 302(b)
       of the Communications Act of 1934, as amended ("Act"),  and Section
       2.803(a)(2) of the Commission's Rules ("Rules"). Based on the facts
       and circumstances before us, we conclude that Austin Hughes is
       apparently liable for a forfeiture in the amount of sixty-three
       thousand dollars ($63,000).

   II. background

    2. Section 302 of the Act authorizes the Commission to make reasonable
       regulations, consistent with the public interest, governing the
       interference potential of equipment that emits radio frequency energy,
       and prohibits, among other things, the offering for sale of radio
       frequency devices to the extent that such activity does not comply
       with these regulations. The purpose of this section is to ensure that
       radio transmitters and other electronic devices meet certain standards
       to control interference before they reach the market. Specifically,
       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, 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 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.

    3. Class A digital devices are digital devices such as computers and
       computer peripherals that are marketed for use in a commercial,
       industrial, or business setting. Section 15.101 of the Rules requires
       that Class A digital devices be authorized through the verification
       process prior to marketing. "Marketing" includes the sale or lease,
       offer for sale or lease (including advertising for sale or lease),
       importing, shipping, and/or distribution for the purpose of selling or
       leasing or offering for sale or lease.

    4. Austin Hughes is the U.S. subsidiary of Austin Hughes Electronics,
       Inc., a Hong Kong-based design and manufacturing company that offers a
       broad range of electro-mechanical products based on 19-inch rackmount
       technology. The Spectrum Enforcement Division ("Division") of the
       Enforcement Bureau received a complaint alleging that Austin Hughes
       was marketing in the United States digital devices, such as rackmount
       keyboards, monitors, and keyboard-video-mouse switches and extenders
       ("KVMs"), without the proper testing and documentation to confirm
       compliance with the Commission's requirements. On June 9, 2006, the
       Division sent Austin Hughes a letter of inquiry ("LOI") seeking
       further information with regard to its devices.

    5. The Division received Austin Hughes' response to the LOI on September
       7, 2006. In its response, Austin Hughes indicated that the devices
       that were the subject of the LOI were manufactured in Hong Kong by its
       parent corporation, Austin Hughes Electronics Ltd.; that Austin Hughes
       began marketing the devices in the United States in November 2005; and
       that Austin Hughes began importing the devices into the United States
       in December 2005 and that it "will continue to import these devices
       into the United States." Austin Hughes provided test reports
       demonstrating that certain of its devices had been verified as
       compliant with the Commission's rules. Austin Hughes acknowledged,
       however, that certain other devices had not been verified as
       compliant. Specifically, Austin Hughes stated that it had not verified
       the following nine devices: the  RP920 rackmount LCD monitor; the
       HRP615 rackmount LCD monitor; the HRP717 rackmount LCD monitor; the
       HRP819 rackmount LCD monitor; the HRKP115 LCD display-keyboard drawer;
       the HRKP117 LCD display-keyboard drawer; the IP-101 KVM extender; the
       CV-101 KVM extender; and the CV0S101 KVM extender. Austin Hughes
       asserted that these nine devices were not tested for compliance
       because they are "[i]mported in limited quantities for demonstration,
       testing and evaluation for compliance with technical requirements or
       marketing suitability." Notably, however, these nine device are
       advertised in the November 2005 product catalog that Austin Hughes
       provided with its LOI response and that is found on Austin Hughes'
       website, www.austin-hughes.com. Moreover, Austin Hughes' LOI response
       indicated that it sold units of the following five devices: the RP920
       rackmount LCD monitor; the HRP615 rackmount LCD monitor; the HRP717
       rackmount LCD monitor; the HRKP117 LCD display-keyboard drawer; and
       the CV-101 KVM extender.

    6. Under Section 503(b)(1)(B) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. To impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability and the person against whom such
       notice has been issued must have an opportunity to show, in writing,
       why no such forfeiture penalty should be imposed. The Commission will
       then issue a forfeiture if it finds by a preponderance of the evidence
       that the person has violated the Act or rule.

   III. discussion

          A. Marketing of Unauthorized  Class A Digital Devices 

    7. We conclude that Austin Hughes is apparently liable for forfeiture for
       its apparent willful and repeated violations of Section 302(b) of the
       Act and Section 2.803(a)(2) of the Rules by marketing nine
       unauthorized Class A digital devices prior to performing the required
       verification testing. Specifically, we find that Austin Hughes
       marketed the following nine devices in violation of the Act and the
       Commission's Rules: the RP920 rackmount LCD monitor; the HRP615
       rackmount LCD monitor; the HRP717 rackmount LCD monitor; the HRP819
       rackmount LCD monitor; the HRKP115 LCD display-keyboard drawer; the
       HRKP117 LCD display-keyboard drawer; the IP-101 KVM extender; the
       CV-101 KVM extender; and the CV0S101 KVM extender. Austin Hughes
       conceded in its LOI response that these nine devices were not verified
       for compliance with the FCC's rules. As the importer, Austin Hughes is
       the party responsible for ensuring that the devices were verified for
       compliance prior to marketing in the United States. In addition,
       Austin Hughes advertised each of these nine devices through its
       product catalog on its website between November 2005 and at least
       December 2006. Austin Hughes also admitted that it sold units of five
       of these devices.

    8. Austin Hughes claimed in its LOI response that these nine devices are
       "[i]mported in limited quantities for demonstration, testing and
       evaluation for compliance with technical requirements or marketing
       suitability." Section 2.803(e)(1) of the Rules provides that radio
       frequency devices "may be operated, but not marketed," prior to
       equipment authorization or a determination of compliance with
       applicable technical standards for the purpose of compliance testing,
       demonstration and evaluation, provided that certain conditions are
       met. As noted above, however, Austin Hughes clearly marketed the nine
       devices. The nine devices were advertised in its product catalog
       between November 2005 and at least December 2006. These advertisements
       did not contain the disclaimer notice set forth in Section 2.803(c) of
       the Rules, indicating that the devices had not been authorized and
       that they could not be offered for sale or lease, or sold or leased,
       until authorization was obtained. Indeed, we note that an FCC logo was
       included on the pages containing the advertisements for some of the
       nine devices, which is, at best, misleading. Moreover, Austin Hughes
       sold units of five of the devices.

    9. Accordingly, based on the preponderance of the evidence, we find that
       Austin Hughes apparently willfully and repeatedly violated Section
       302(b) of the Act and Section 2.803(a)(2) of the Rules by marketing
       nine unauthorized Class A digital devices without proper verification.

     A. Proposed Forfeiture Amount

   10. Section 503(b) of the Act and Section 1.80(a) of the Rules provide
       that any person who willfully or repeatedly fails to comply with the
       provisions of the Act or the rules shall be liable for a forfeiture
       penalty. Based upon the record before us, it appears that Austin
       Hughes' violations of Section 302(b) of the Act and Section
       2.803(a)(2) of the Rules were willful and repeated.

   11. Section 1.80(b)(4) of the Rules establishes a base forfeiture amount
       of $7,000 for each violation involving the marketing of unauthorized
       equipment. In determining the appropriate forfeiture amount, Section
       503(b)(2)(E) of the Act directs the Commission to consider factors,
       such as "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." In the present case, we find
       that each instance of marketing of an unauthorized model constitutes a
       separate and continuing violation warranting a separate proposed
       forfeiture.

   12. The record establishes that, within the past year, Austin Hughes has
       marketed in the United States nine models of Class A digital devices
       prior to completing verification testing. Consequently, we find that
       Austin Hughes is apparently liable for a base forfeiture of $7,000 for
       each of the nine models of devices, for an aggregate proposed
       forfeiture of $63,000. Consistent with precedent, we have considered
       the statutory factors set forth above and conclude that no adjustment
       of the proposed forfeiture from the aggregate base amount is
       warranted.

   IV. Ordering CLauses

   13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.311 and 1.80 of the Rules, Austin Hughes
       Solutions, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of sixty-three thousand dollars ($63,000) for
       willfully and repeatedly violating Section 302(b) of the Act and
       Section 2.803(a)(2) of the Rules.

   14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty (30) days of the release date of this Notice of Apparent
       Liability for Forfeiture, Austin Hughes Solutions, Inc. SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   15. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within 30 days of the release of this Order.
       If the forfeiture is not paid within the period specified, the case
       may be referred to the Department of Justice for collection pursuant
       to Section 504(a) of the Act. 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. Requests for
       payment of the full amount of the NAL under an installment plan should
       be sent to: Associate Managing Director - Financial Operations, 445
       12th Street, S.W., Room 1-A625, Washington, D.C. 20554.

   16. 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.

   17. 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 practices; 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.

   18. 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 Austin Hughes Solutions Inc., 1636 Pacific
       Street, Union City, CA 94587.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   47 U.S.C. S: 302a(b) and 47 C.F.R. S: 2.803(a)(2).

   47 U.S.C. S: 302a.

   47 C.F.R. S: 2.801 defines a radio frequency device as "any device which
   in it its operation is capable of emitting radio frequency energy by
   radiation, conduction, or other means."

   See 47 C.F.R. S:S: 15.3(h) and 15.3(k).

   47 C.F.R. S: 15.101(a). Verification is a procedure where the manufacturer
   makes measurements or takes the necessary steps to insure that the
   equipment complies with the appropriate technical standards. See 47 C.F.R.
   S: 2.902(a).

   47 C.F.R. S: 2.803(e)(4).

   Letter from Austin Hughes Solutions, Inc. to Mr. Brian Butler, Assistant
   Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (September 1, 2006) ("Response") at Document
   No.: REF-6001.

   See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau to Austin Hughes Electronics, Ltd. (June 9,
   2006). The LOI was inadvertently addressed to Austin Hughes' parent
   corporation, Austin Hughes Electronics, Ltd., which is based in Hong Kong.
   Austin Hughes responded to the LOI.

   See Response.

   Austin Hughes is 100 percent owned by Austin Hughes Electronics Ltd,
   Response at Document No.: REF-6001.

   Specifically, the response indicates that, "AHS began marketing the
   devices listed in (a) through (g) of inquiry (1) from November, 2006."
   Response at Document No.: REF-6003. However, because Austin Hughes'
   response was submitted in September 2006, prior to November 2006, and
   several of the items in question were contained in Austin Hughes' November
   2005 product catalog, it is apparent that Austin Hughes began marketing
   the devices in November 2005.

   Response at Document No.: REF-6002.

   Id. at Document No.: REF-6001.

   Id.

   Id. at Document No.: REF-EXH-03.

   In December 2006, the Division observed that Austin Hughes continued to
   advertise the nine devices in the 2005 product catalog on its website.

   Response at Document No.: REF-EXH-20.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1). Section 312(f)(1) of
   the Act defines "willful" as "the conscious and deliberate commission or
   omission of [any] act, irrespective of any intent to violate" the law. 47
   U.S.C. S: 312(f)(1). The legislative history of Section 312(f)(1) of the
   Act clarifies that this definition of willful applies to both Sections 312
   and 503(b) of the Act, H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51
   (1982), and the Commission has so interpreted the term in the Section
   503(b) context. See, e.g., Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
   Memorandum Opinion and Order, 7 FCC Rcd 3454 (1992) ("Southern
   California"). The term "repeated" means that the act was committed or
   omitted more than once, or lasts more than one day. Callais Cablevision,
   Inc., Notice of Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362
   (2001); Southern California, 6 FCC Rcd at 4388.

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 (2002).

   The information provided by Austin Hughes indicates that the devices are
   marketed for use in a commercial or business environment and therefore are
   properly classified as Class A digital devices. See supra n. 4 and
   accompanying text.

   See supra n. 13 and accompanying text.

   47 C.F.R. S: 2.909(b).

   See supra n. 16 and accompanying text.

   See supra n. 17 and accompanying text.

   Response at Document No.: REF-6001.

   47 C.F.R. S: 2.803(e)(1).

   See 47 C.F.R. S: 2.803(c).

   Response at Document No.: REF-EXH-03, at pages 25, 35 and 36.

   See id. at  Documents No.: REF-EXH-16 and REF-EXH-20.

   47 C.F.R. S: 1.80(b)(4).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

   See, e.g., San Jose Navigation, Inc., Notice of Apparent Liability for
   Forfeiture,  21 FCC Rcd 2873 (2006), forfeiture ordered, Forfeiture Order,
   FCC 07-3 (released January 16, 2007); Samson Technologies, Inc., Notice of
   Apparent Liability for Forfeiture, 19 FCC Rcd 4221, 4225 (2004), consent
   decree ordered, 19 FCC Rcd 24509 (2004) (both finding that the marketing
   of each separate model of unauthorized equipment constitutes a separate
   violation).

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

   47 C.F.R. S:S: 0.111, 0.311 and 1.80.

   47 U.S.C. S: 504(a).

   See 47 C.F.R. S: 1.1914.

   Id.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 07-209

                                       2

   Federal Communications Commission  FCC 07-209