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   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   )

   Iftron Technologies, Inc. ) File No. EB-08-SE-693

   ) NAL/Acct. No. 200932100067

   ) FRN 0018899377

   )

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: June 26, 2009 Released: June 29, 2009

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find Iftron Technologies, Inc. ("Iftron") apparently liable for a
       forfeiture in the amount of five thousand six hundred dollars ($5,600)
       for willful and repeated violation of Section 302(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 2.803 and
       15.205(a) of the Commission's Rules ("Rules"). The apparent violation
       involves Iftron's marketing of an audio/video transmitter that
       operates on a restricted frequency and therefore is not eligible for a
       grant of equipment certification.

   II. BACKGROUND

    1. The Enforcement Bureau's Spectrum Enforcement Division ("Division")
       received

   information that Iftron was marketing audio/video transmitters that are
   capable of operating on a restricted frequency, 2.468 GHz. On October 10,
   2008, Division staff conducted internet research on Iftron's website,
   www.iftrontech.com. During the internet research, Division staff observed
   that Iftron was offering for sale the Stinger Pro 2.4 GHz 500 mW
   audio/video transmitter ("Stinger Pro"). By letter of inquiry ("LOI")
   dated February 18, 2009, the Division initiated an investigation of
   Iftron's marketing of the Stinger Pro, and instructed Iftron to provide
   specific information regarding the manufacture, marketing, and
   certification status of the Stinger Pro, as well as any other audio/video
   transmitter device that it marketed in the United States. In its March 30,
   2009, response to the LOI, Iftron states that it is the manufacturer of
   the Stinger Pro, that it began manufacturing the device in June 2006, and
   that it sold eight units of the device in the United States between June
   2006 and July 2008. Iftron further states that in early July 2008, it
   reviewed the frequencies on which the Stinger Pro transmitted and
   discovered that the highest of the four transmitter frequencies used by
   that device, specifically 2.468 GHz, was outside of the authorized amateur
   radio frequencies set forth in Section 97.301 of the Rules.

    2. Iftron states that upon discovering that the Stinger Pro mistakenly
       transmitted on a frequency that was outside those frequencies that are
       permitted for amateur radio use under Section 97.301 of the Rules, it
       began modifying all transmitters shipped to U.S. addresses to ensure
       that they were no longer capable of transmitting on 2.468 GHz. Iftron
       also states that it modified the transmitter specifications of the
       Stinger Pro on its website in July of 2008 to reflect the change.
       Iftron claims that it does not manufacture or market in the United
       States any other 2.4 GHz audio/video transmitter device.

   III. DISCUSSION

   A. Marketing of Unauthorized Equipment

    3. 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 Rules 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 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.

   Additionally, Section 2.803(g) of the Rules, provides in pertinent part
   that:

   [R]adio frequency devices that could not be authorized or legally operated
   under the current rules ... shall not be operated, advertised, displayed,
   offered for sale or lease, sold or leased, or otherwise marketed absent a
   license issued under part 5 of this chapter or a special temporary
   authorization issued by the Commission.

   Intentional radiators, such as audio/video transmitters, are generally
   required by Section 15.201 of the Rules to be approved prior to marketing
   through the equipment certification procedures described in Sections
   2.1031 - 2.1060 of the Rules.

    4. Iftron admits that from June 2006, when it first manufactured the
       device, to July of 2008, it manufactured and marketed units of the
       Stinger Pro that were capable of transmitting on 2.468 GHz. Although
       amateur radio equipment is not required to be certified, the Stinger
       Pro, as sold in the United States prior to July 2008, was capable of
       operating on a frequency outside of the authorized amateur radio
       frequencies and, therefore, could not legally be marketed in the
       United States as amateur radio equipment. Moreover, because this
       device was capable of operation on a restricted frequency listed in
       Section 15.205(a) of the Rules, the device could not comply with the
       FCC's technical standards and therefore could not be certified or
       marketed within the United States.

    5. Accordingly, we find that Iftron apparently marketed a radio frequency
       device that operates on a restricted frequency and therefore is not
       eligible for a grant of equipment certification in willful and
       repeated violation of Section 302(b) of the Act and Sections 2.803 and
       15.205(a) of the Rules.

   B. Proposed Forfeiture

    6. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture for each willful or repeated violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act. In
       exercising such authority, we are required to take into account "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."

    7. Section 503(b)(6) of the Act bars the Commission from proposing
       forfeiture for violations that occurred more than a year prior to the
       issuance of a Notice of Apparent Liability. Section 503(b)(6) does
       not, however, bar the Commission from assessing whether Iftron's
       conduct prior to that time period apparently violated the provisions
       of the Act and Rules and from considering such conduct in determining
       the appropriate forfeiture amount for violations that occurred within
       the one-year statutory period. Thus, while we may consider the fact
       that Iftron's conduct commenced more than one year ago, the forfeiture
       amount we propose herein relates only to Iftron's apparent violations
       that have occurred within the past year.

    8. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for the marketing of
       unauthorized equipment is $7,000. At the time of Iftron's apparent
       violation, Section 503(b)(2)(D) of the Act authorized the Commission
       to assess entities such as Iftron a maximum forfeiture of $11,000 for
       each violation, or each day of a continuing violation, up to a
       statutory maximum forfeiture of $97,500 for any single continuing
       violation.

    9. The record establishes that between June 2006 until July 2008, Iftron
       marketed a radio frequency device that is capable of transmitting on
       2.468 GHz, a restricted frequency. Accordingly, Iftron is apparently
       liable for a base forfeiture amount of $7,000.

   10. We find that a downward adjustment from the $7,000 base forfeiture
       amount is warranted, based on Iftron's demonstrated good faith efforts
       to come into compliance prior to the initiation of an investigation by
       the Commission. In July 2008, Iftron discovered that the Stinger Pro
       was transmitting on a frequency that was outside of the permitted
       amateur radio frequencies, and in the same month Iftron disabled the
       ability of all of the Stinger Pro devices that were being sold or
       marketed in the United States to transmit on the 2.468 GHz frequency.
       We do not find, however, that a further downward adjustment is
       warranted, based on Iftron's claim that it mistakenly believed that
       the Stinger Pro conformed to Section 97.301 of the Rules. The
       Commission has long held that a downward adjustment of forfeiture is
       not justified where violators claim their actions or omissions were
       due to inadvertent errors.

   11. Based on all of the foregoing, we therefore propose a $5,600
       forfeiture against Iftron for marketing radio frequency device that in
       willful and repeated violation of Section 302(b) of the Act and
       Sections 2.803 and 15.205(a) of the Rules.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Section 1.80 of the
       Commission's Rules,  Iftron Technologies, Inc., is hereby NOTIFIED of
       this APPARENT LIABILITY FOR A FORFEITURE in the amount of five
       thousand six hundred dollars ($5,600) for marketing a radio frequency
       device that operates on a restricted frequency and therefore is not
       eligible to receive a grant of equipment certification in willful and
       repeated violation of Section 302(b) of the Act and Sections 2.803 and
       15.205(a) of the Rules.

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Iftron Technologies Inc.,
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554. Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Iftron will also send electronic
       notification on the date said payment is made to Sam.Peoples@fcc.gov
       and Ricardo.Durham@fcc.gov.

   15. 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.

   16. 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.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and by first class mail, to Ira Faberman, President, Iftron
       Technologies, Inc., 1895 3rd Avenue, Longmont, Colorado 80501-4763.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

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

   47 C.F.R. S:S: 2.803 and 15.205(a).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Ira Faberman,
   President, Iftron Technologies, Inc. (February 18, 2009).

   Letter from Ira S. Faberman, President, Iftron Technologies, Inc. to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (March 30, 2009) ("LOI
   Response") at 1-2.

   Id. See 47 C.F.R. S: 97.301.

   LOI Response at 1.

   Iftron's website currently notes that units of the Stinger Pro available
   in the United States transmit on 2.414, 2.432, and 2.450 GHz, and that
   units that additionally transmit on 2.468 GHz are "available elsewhere."
   See
   http://www.iftrontech.com/2.4GHz-Transmitters/c44/p100/Stinger-Pro-2.4GHz-500MW-AVD-Transmitter/product_info.html
   (last accessed June 23, 2009).

   LOI Response at 3.

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

   47 C.F.R. S: 2.803(g).

   An intentional radiator is "[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: 15.201.

   A certification is an equipment authorization issued by the Commission,
   based on representations and test data submitted by the applicant. See 47
   C.F.R. S: 2.907(a).

   47 C.F.R. S:S: 2.1031 - 2.1060.

   LOI Response at 2.

   LOI Response at 1. Elsewhere in its response, Iftron admits that it sold a
   total of 10 units of the Stinger Pro in the United States between August
   31, 2006 and March 30, 2009, but states that all units of the Stinger Pro
   that were shipped to addresses in the United States after July of 2008
   were modified so that those units were incapable of transmitting on 2.468
   GHz. Id.

   See, Facilitating Opportunities for Flexible, Efficient, and Reliable
   Spectrum Use Employing Cognitive Radio Technologies, Memorandum Opinion
   and Order, 22 FCC Rcd 8053, 8058 (2007); see also, Pilot Travel Centers,
   LLC, Notice of Apparent Liability, 19 FCC Rcd 23113, 23114 (2004)
   ("[R]adio transmitting equipment that transmits solely on Amateur Radio
   Service ("ARS") frequencies is not subject to equipment authorization
   requirements prior to manufacture or marketing.").

   47 C.F.R. S:15.205(a). This section allows intentional radiators to
   transmit only spurious emissions in the restricted frequency bands.
   Section 2.1 of the Rules, 47 C.F.R. S: 2.1, defines spurious emissions as
   "[e]missions on a frequency or frequencies which are outside the necessary
   bandwidth and the level of which may be reduced without affecting the
   corresponding transmission of information. Spurious emissions include
   harmonic emissions, parasitic emissions, intermodulation products and
   frequency conversion products, but exclude out-of-band emissions."

   Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "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."

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term `willful', ... means the conscious and
   deliberate commission or omission of such act, irrespective of any intent
   to violate any provision of this Act or any rule or regulation of the
   Commission authorized by this Act ...." See Southern California
   Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388
   (1991) ("Southern California").

   Section 312(f)(2) of the Act provides that "[t]he term `repeated', ...
   means the commission or omission of such act more than once or, if such
   commission or omission is continuous, for more than one day." 47 U.S.C. S:
   312(f)(2). See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana,
   Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359,
   1362 (2001) ("Callais Cablevision") (issuing a Notice of Apparent
   Liability for, inter alia, a cable television operator's repeated signal
   leakage).

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

   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.

   47 U.S.C. S: 503(b)(6).

   See 47 U.S.C. S: 503(b)(2)(D), 47 C.F.R. S: 1.80(b)(4); see also Behringer
   USA, Inc., Notice of Apparent Liability for Forfeiture,  21 FCC Rcd 1820,
   1825 (2006), forfeiture ordered, 22 FCC Rcd. 1051 (2007) (forfeiture
   paid); Globcom, Inc. d/b/a Globcom Global Communications, Notice of
   Apparent Liability for Forfeiture, 18 FCC Rcd 19893, 19903 (2003),
   forfeiture ordered, 21 FCC Rcd 4710 (2006); Roadrunner Transportation,
   Inc., Forfeiture Order,  15 FCC Rcd 9669, 9671-71 (2000); Cate
   Communications Corp., Memorandum Opinion and Order,  60 RR 2d 1386, 1388
   (1986); Eastern Broadcasting Corp., Memorandum Opinion and Order, 10 FCC
   2d 37 (1967), recon. den.,11 FCC 2d 193 (1967); Bureau D'Electronique
   Appliquee, Inc., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd
   3445, 3447-48 (Enf. Bur., Spectrum Enf. Div. 2005), forfeiture ordered, 20
   FCC Rcd 17893 (Enf. Bur., Spectrum Enf. Div. 2005) (forfeiture paid).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).

   47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(D). The Commission has amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), three times to increase the maximum
   forfeiture amounts, in accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996, 28
   U.S.C. S: 2461. See Amendment of Section 1.80 of the Commission's Rules
   and Adjustment of Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221
   (2000) (adjusting the maximum statutory amounts from $10,000/$75,000 to
   $11,000/$87,500); Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, 19 FCC Rcd 10945
   (2004) (adjusting the maximum statutory amounts from $11,000/$87,500 to
   $11,000/$97,500); Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd 9845
   (2008) (adjusting the maximum statutory amounts from $11,000/$97,500 to
   $16,000/$112,500). The most recent inflation adjustment took effect
   September 2, 2008. See 73 Fed. Reg. 44663-5. Iftron's apparent violations
   occurred prior to this date and therefore are subject to the old statutory
   forfeiture limits.

   See e.g., Petracom of Texarkana, LLC, Forfeiture Order, 19 FCC Rcd 8096,
   8097-8098 (Enf. Bur., 2004) (finding that a broadcast station licensee's
   initiation of remedial measures to correct a violation prior to Commission
   inspection of the station was a mitigating factor warranting reduction of
   the forfeiture).

   See e.g., PJB Communications of Virginia, Inc., Memorandum Opinion and
   Order, 7 FCC Rcd 2088 (1992); Southern California, 6 FCC Rcd at 4387
   (stating that "inadvertence ... is at best, ignorance of the law, which
   the Commission does not consider a mitigating circumstance").

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

   Federal Communications Commission DA 09-1428

   2

   Federal Communications Commission DA 09-1428