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June 30, 2009
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FACSIMILE AT 410-716-2933
Bruce W. Brooks
President
Vector Products, Inc.
701 E. Joppa Road
Towson, Maryland 21286
Re: File No. EB-08-SE-532
Dear Mr. Brooks,
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), to
Vector Products, Inc. dba Vector Manufacturing, Ltd. ("Vector"), a wholly
owned subsidiary of Black & Decker (U.S.A.) Inc. ("Black & Decker"), for
marketing in the United States an unauthorized radio frequency device, the
Vector iMobile VEC 429 FM transmitter ("Vector Transmitter" or "device"),
in violation of Section 302(b) of the Communications Act of 1934, as
amended ("Act"), 47 U.S.C. S: 302a(b), and Sections 2.803(a)(1), 2.926(e),
and 15.239(a) of the Commission's Rules ("Rules"), 47 C.F.R. S:S:
2.803(a)(1), 2.926(e), and 15.239(a). As explained below, future
violations of the Commission's rules in this regard may subject your
company to monetary forfeitures.
On March 7, 2008, the Enforcement Bureau ("Bureau") received a complaint
regarding the manufacture and marketing of the Vector Transmitter, a Part
15 intentional radiator operating in the 88-108 MHz band. Although a
sample of the device included labeling that indicated that the device is
certificated under FCC Identification Number NDZVEC429, this identifier
could not be located within the Commission's Equipment Authorization
Database. Accordingly, the Bureau requested that the FCC's Office of
Engineering Technology Laboratory test the Vector Transmitter for
compliance with our technical rules governing RF emission levels. The
results of the tests revealed that emissions from the transmitter were not
limited to a 200 kHz band range centered on the operating frequency, as
required by Section 15.239(a) of the Rules. Because it appeared that
Vector was marketing the device without proper authorization and in
violation of our technical rules, the Bureau's Spectrum Enforcement
Division ("Division") sent Vector a letter of inquiry ("LOI") on June 18,
2008.
In your September 2, 2008 Response to the LOI, you essentially admit to
marketing the device by providing a copy of the Users Manual and Warranty
Information. However, information before the Division indicates that
Vector is not the manufacturer of the device.
Section 302(b) of the Act states: "[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:
[N]o 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
labeled as required by S: 2.925 and other relevant sections in this
chapter....
In addition, Section 15.201(b) of the Rules, 47 C.F.R. S: 15.201(b),
provides that, "intentional radiators operating under the provisions of
... [Part 15] shall be certificated by the Commission...."As an
intentional radiator, devices such as the Vector Transmitter, must be
certified by the Commission prior to marketing in accordance with the
procedures specified in Part 2, Subpart J of the Rules.
Moreover, Section 2.925(a)(2) of the Rules, 47 C.F.R. S: 2.295(a)(2),
requires labeling of the device upon certification with an unique FCC
Identifier. Section 2.926(e) of the Rules prohibits the use of any FCC
Identifier on equipment to be marketed in the United States unless the
Identifier is validated by a grant of equipment authorization issued by
the Commission.
The Vector Transmitter is an intentional radiator and pursuant to Section
15.201(b) of the Rules must be authorized in accordance with the
Commission's certification procedures prior to the initiation of marketing
in the United States. In addition, based on our review of the sample of
the device provided for testing by the FCC's Office of Engineering and
Technology Laboratory the device is uncertified and is labeled with an FCC
Identification Number not validated by a Commission-issued authorization.
Moreover, tests conducted by the FCC's Office of Engineering and
Technology Laboratory on the Vector Transmitter in April 2008 indicate
that the device fails to conform to the emission limits set forth in
Section 15.239(a) of the Rules. Accordingly, it appears that Vector has
violated Section 302(b) of the Act and Sections 2.803(a)(1), 2.926(e) and
15.239(a) of the Rules by marketing a non-compliant radio device in the
United States.
If, after receipt of this citation, Vector violates the Communications Act
or the Commission's Rules in any manner described herein, the Commission
may impose monetary forfeitures not to exceed $16,000 for each such
violation or each day of a continuing violation, up to a total forfeiture
amount of $112,500 for any single act or failure to act.
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 Vector is
taking to ensure that it does not violate the Commission's rules governing
intentional transmitters in the future.
The nearest Commission field office is the Columbia Office in Columbia,
Maryland. Please call Nissa Laughner at 202-418-1358 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
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12th 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 S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
cc: Timothy L. Mullin, Jr.
Vector was acquired on March 1, 2006 by Black & Decker Corporation.
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. 47
C.F.R. S: 2.803(e)(4).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to Michael Krieger,
Vector Products Inc. (June 18, 2008). Vector was acquired on March 1, 2006
by Black & Decker.
We note that Vector seeks confidential treatment of its LOI Response in
its entirety with the exception of Exhibit D (copy of the User's Manual &
Warranty Information for the Vector iMobile Digital Wireless FM Audio
Transmitter - VEC 429). See Letter from Timothy L. Mullin, Jr., Counsel
for Vector Products, Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission (September 3, 2008) ("Response"). We do not rule
on Vector's request for confidentiality at this time.
47 C.F.R. S: 2.803(a)(1).
An "intentional radiator" is "any device that intentionally generates
radio frequency energy by radiation or induction." See 47 C.F.R.
S:15.3(o).
47 C.F.R. Part 2, Subpart J.
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering to 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." 47 C.F.R. S: 2.803(e)(4).
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 09-1485
2
Federal Communications Commission DA 09-1485
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554