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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                            File No. EB-08-SE-052       
     In the Matter of   )                               
                            NAL/Acct. No. 200932100071  
     Inter Tech FM      )                               
                            FRN # 0018458026            
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 8, 2009 Released: July 10, 2009

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Inter Tech FM ("Inter Tech") apparently liable for a forfeiture in the
       amount of twenty-two thousand dollars ($22,000) for willful and
       repeated violations of Section 302(b) of the Communications Act of
       1934, as amended ("Act"), and Section 2.803(a) of the Commission's
       Rules ("Rules"). The noted apparent violations involve Inter Tech's
       marketing of FM broadcast transmitters and external RF power
       amplifiers ("amplifiers") without proper authorization.

   II. background

    2. In response to complaints alleging that Inter Tech was marketing
       unauthorized FM broadcast equipment in the United States, the Spectrum
       Enforcement Division of the Enforcement Bureau ("Division") began an
       investigation. As part of this investigation, Division staff reviewed
       Inter Tech's website on February 7, 2008, and observed that Inter Tech
       was marketing certain transmitters and amplifiers on its website. The
       Division sent Inter Tech a letter of inquiry ("LOI") on March 28,
       2008.

    3. In its April 23, 2008 response to the First LOI, Inter Tech identified
       the FM transmitter models that it currently manufactured and marketed
       in the United States under the trade name Cybermax. Inter Tech stated
       that all of the transmitter models it manufactured were marketed
       exclusively to full power FM stations operating in the broadcast
       services under Part 73 of the Rules, and verified in accordance with
       the requirements set forth in Section 73.1660(a)(1) of the Rules. As
       proof of verification, Inter Tech provided verification records for
       the Max 15 DSP FM exciter, an exciter that Inter Tech claimed was
       incorporated into its transmitters.

    4. Inter Tech also admitted that it marketed several Cybermax amplifier
       models for "export only," but denied being the manufacturer of these
       models, claiming that these models consisted of third-party modules
       that Inter Tech incorporated into casings. Inter Tech did not,
       however, state whether the Cybermax amplifiers it marketed or the
       modules incorporated therein were certified in accordance with the
       requirements set forth in Section 2.815(b) of the Rules.

    5. In its First Response, Inter Tech failed to provide sufficient
       evidence that the transmitters and amplifiers marketed under the trade
       name Cybermax were authorized. Accordingly, the Division issued a
       follow-up LOI on July 10, 2008, requesting further information about
       the Cybermax product line. In its July 23, 2008 response to the
       follow-up Second LOI, Inter Tech stated that it believed that by
       verifying the exciter contained in the Cybermax transmitters, it had
       complied with Section 73.1660(a)(1) of the Rules. Inter Tech also
       indicated that the modules incorporated into the Cybermax amplifiers
       were manufactured by Broadcast Warehouse, but did not state directly
       whether the modules or amplifiers had been certified. Instead, Inter
       Tech explained that it believed that "when [an amplifier] was
       assembled with other RF components, e.g., as a stand alone
       transmitter, that certification for the amplifier component was not
       required," and that it was "operating under the premise of self
       verification." Inter Tech stated that it ensured that these amplifiers
       were exported through the use of a disclaimer and a policy of delivery
       to foreign addresses only. Inter Tech also stated, however, that upon
       learning that products capable of amplification below 144 MHz were
       required to be certified, it "stopped marketing and selling such
       products to the domestic market." Finally, Inter Tech stated that it
       had "never altered, changed, used, duplicated, incorporated, copied,
       made changes to names, trade names, or models of any identical
       certified equipment."

    6. The Bureau issued a Third LOI on November 24, 2008. In its Third
       Response, dated November 26, 2008, but received on December 22, 2008,
       Inter Tech provided a complete and detailed list of its Cybermax
       transmitters, indicating that four transmitter models contained the
       verified exciter, with no amplification, and four transmitter models
       contained the verified exciter coupled with a Broadcast Warehouse
       amplifier. Inter Tech indicated that three of the four transmitter
       models with amplification contained the verified exciter and the
       Broadcast Warehouse amplifier TX-300, while the fourth transmitter
       model with amplification contained the verified exciter and the
       Broadcast Warehouse amplifier TX-150.

    7. In its Third Response, Inter Tech also indicated that it used only two
       certified Broadcast Warehouse amplifiers to create the six Cybermax
       amplifiers marketed on its website. One of these models ranged in
       power from 25 to 50 watts, while the other ranged in power from 150 to
       300 watts. Inter Tech claimed that because Broadcast Warehouse was
       fully aware of Inter Tech's intent to incorporate the Broadcast
       Warehouse amplifiers into the Cybermax product line, and because the
       Cybermax amplifiers were marketed for export only, Inter Tech did not
       need the authorization of Broadcast Warehouse or the Commission to use
       the Broadcast Warehouse amplifiers in the Cybermax models prior to
       marketing. Inter Tech failed to explain, however, why it had stated in
       its Second Response that it had ceased marketing the amplifiers in the
       United States upon learning that the amplifiers were required to be
       certified.

   III. discussion

   A. Marketing of Unauthorized Transmitters

    8. 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. 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 Rules prohibits the sale or
       lease, offer of sale or lease, importation, or shipment of radio
       frequency devices, as well as the distribution of such devices for the
       purpose of selling such devices, unless the device complies with
       applicable administrative, technical, labeling and identification
       requirements of the Rules.

    9. Section 73.1660(a)(1) of the Rules requires verification of AM, FM, or
       TV transmitters used in the broadcast services, in accordance with the
       procedures described in Part 2 of the Rules. Under Section 2.811 of
       the Rules, the requirements of Section 2.803(a) through (d) of the
       Rules are not applicable to transmitters operated in any of the Part
       73 radio broadcast services, provided that the conditions set forth in
       Part 73 for the acceptability of such transmitters for use under
       licensing are met. Therefore, absent compliance with the verification
       requirement set forth in Section 73.1660(a)(1) of the Rules, Part 73
       transmitters are considered to be "unauthorized" and may not be
       marketed in the United States. Under Section 2.909(b) of the Rules,
       manufacturers or importers of equipment subject to verification are
       responsible for the equipment's compliance with all applicable
       technical and administrative rules.

   10. We conclude that Inter Tech apparently manufactured and marketed two
       unauthorized transmitters in the United States from February 7, 2008
       until at least July 10, 2008, the date of the Second LOI. It appears
       that Inter Tech has since ceased marketing these two unauthorized
       transmitters in the United States. Inter Tech claims that the Cybermax
       transmitters were verified in accordance with Section 73.1660(a)(1) of
       the Rules for use in the FM broadcast service. As proof of
       verification, Inter Tech submitted verification records for the Max 15
       DSP FM exciter, an exciter that Inter Tech stated was incorporated
       into each of the transmitters. The verification of the exciter,
       however, is insufficient to verify the Cybermax transmitters because
       the addition of the Broadcast Warehouse amplifiers altered the
       emanating characteristics of the device. Inter Tech incorporated two
       different certified Broadcast Warehouse amplifiers into its
       transmitters. Thus, we conclude that for the purpose of assessing
       liability in this case, Inter Tech manufactured and marketed two
       unverified transmitter models. As the manufacturer of these
       transmitter models, Inter Tech is responsible for the transmitter's
       compliance with the Commission's technical and administrative rules
       prior to marketing in the United States. Accordingly, we find that
       Inter Tech apparently marketed two unauthorized transmitters in the
       United States, in willful and repeated violation of Section 302(b) of
       the Act and Section 2.803(a) of the Rules.

   B. Marketing of Third-Party Amplifiers under the Cybermax Name

   11. Under Section 2.815(c) of the Rules, amplifiers capable of operation
       on any frequency below 144 MHz must be certificated. Under Section
       2.1043 of the Rules, changes to certificated equipment shall not be
       performed without application for and authorization of a new grant of
       certification, unless such changes do not affect the characteristics
       required to be reported to the Commission or unless such changes
       constitute a permissive change to equipment by the manufacturer or a
       party working under the express authorization of the manufacturer.
       Moreover, under Section 2.924 of the Rules, changes to the model
       number or trade name of equipment that is electrically identical and
       that is subject to certification by anyone other than the grantee, or
       under the authorization of the grantee, must be performed in
       accordance with the procedures set forth in Section 2.933 of the
       Rules. Section 2.933 of the Rules, in turn, provides for the filing of
       a new application for equipment authorization with the Commission.
       Finally, under Section 2.909(a) of the Rules, if radio frequency
       equipment is modified by any party other than the grantee and that
       party is not working under the authorization of the grantee, the party
       performing the modification is responsible for compliance of the
       product with all applicable administrative and technical requirements.

   12. We find that Inter Tech was the responsible party for the two
       uncertified amplifier models marketed in the United States from
       February 7, 2008, until at least July 10, 2008, the date of the Second
       LOI. Inter Tech states that it is merely a system integrator that
       incorporated the Broadcast Warehouse models into casings. While Inter
       Tech denies making changes to the trade name and/or model number of
       these amplifiers, it marketed these amplifiers under the Cybermax
       trade name and model number. Absent authority from Broadcast Warehouse
       pursuant to Sections 2.924 and 2.929(b) of the Rules, Inter Tech's
       replacement of the Broadcast Warehouse name and number with the
       Cybermax name and model number constitutes a modification under
       Section 2.909(a) of the Rules. While Inter Tech claims that Broadcast
       Warehouse was aware of Inter Tech's intent to incorporate the
       amplifier modules into its Cybermax product line, Inter Tech offered
       no proof that Broadcast Warehouse authorized its actions. Accordingly,
       as the modifier of two Broadcast Warehouse models subject to
       certification, Inter Tech is responsible for the equipment's
       compliance with the Commission's technical and administrative rules.
       As such, Inter Tech was required to obtain certification for the use
       of the Cybermax name in conjunction with the Broadcast Warehouse
       amplifiers prior to marketing the devices in the United States.

   13. Inter Tech claims that these amplifiers are marketed for "export
       only," and thus are exempt under Section 2.807(b) of the Rules from
       the marketing restrictions set forth in Section 2.803(a)(1) of the
       Rules. This exemption, however, only applies to devices that the
       manufacturer actually exports. While Inter Tech stated in its Second
       Response that all marketing materials for these amplifiers contained
       the disclaimer "export only," the marketing materials provided by
       Inter Tech in its First Response contained an advertisement for the
       one of the Cybermax amplifier models without any such disclaimer, and
       with the offer to deliver it anywhere in the United States, or to make
       it available for local pick up. Moreover, in its Second Response,
       Inter Tech stated that it had ceased marketing the amplifiers in the
       United States when it learned that these amplifier models had to be
       certified as a result of the Second LOI, an admission that Inter Tech
       failed to explain in its Third Response. We find, accordingly, that
       Inter Tech apparently marketed two unauthorized amplifiers in the
       United States in willful and repeated violation of Section 302(b) of
       the Act and Sections 2.803(b) of the Rules.

   C. Proposed Forfeiture

   14. 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. As set forth below, we
       conclude under this standard that Inter Tech is apparently liable for
       a forfeiture in the amount of twenty-two thousand dollars ($22,000)
       for its apparent willful and repeated violations of Section 302(b) of
       the Act and Section 2.803(a) of the Rules.

   15. At the time of Inter Tech's apparent violations, under Section
       503(b)(2)(B) of the Act, we were authorized to assess a forfeiture
       penalty against certain entities, such as Inter Tech, who are not
       common carriers, broadcast licensees, or cable operators, eleven
       thousand dollars ($11,000) for each violation, or for each day of a
       continuing violation, up to a total of ninety seven thousand five
       hundred dollars ($97,500) for any single continuing violation. 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."

   16. Section 503(b)(6) of the Act bars the Commission from proposing a
       forfeiture for violations that occurred more than a year prior to the
       issuance of an NAL. Section 503(b)(6) does not, however, bar the
       Commission from assessing whether Inter Tech'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 Inter
       Tech's conduct has continued since at least February 2008, the
       forfeiture amount we propose herein relates only to Inter Tech's
       apparent violations that have occurred within the past year.

   17. Under the Commission's Forfeiture Policy Statement and Amendment of
       Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines
       ("Forfeiture Policy Statement") and Section 1.80 of the Rules, the
       base forfeiture amount for each violation involving the marketing of
       unauthorized equipment is $7,000. Further, we have found that each
       instance of marketing of an unauthorized model constitutes a separate
       and continuing violation. Consistent with recent precedent, we propose
       a total forfeiture of $14,000 for the marketing of the two unverified
       transmitters. With respect to the marketing of the two certified
       Broadcast Warehouse amplifiers under the Cybermax name, however, we
       propose to reduce the base forfeiture amount from $7,000 per model to
       $4,000 per model. Inter Tech's marketing of these amplifiers, which
       had previously been certified by Broadcast Warehouse, is similar to
       the marketing of mislabeled equipment, which we consider to be a less
       egregious violation and for which we have proposed a base forfeiture
       of $4,000. Accordingly, we propose a forfeiture of $14,000 for the
       willful and repeated marketing of two unauthorized transmitter models,
       and $8,000 for the willful and repeated marketing of two unauthorized
       amplifier models, for an aggregate forfeiture of twenty-two thousand
       dollars ($22,000).

   iV. ORDERING CLAUSES

   18. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section
       503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,
       Inter Tech FM IS hereby NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for
       willfully and repeatedly violating Section 302(b) of the Act and
       Section 2.803(a) of the Rules.

   19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, 
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order, Inter Tech FM SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   20. 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. Inter Tech FM will also send electronic
       notification on the date said payment is made to Neal.McNeal@fcc.gov
       and Nissa.Laughner@fcc.gov.

   21. 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.

   22. 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.

   23. 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 Chris Rea, Inter Tech FM, 8725 W. Sunset
       Road, Suite 200, Niles, Illinois 60714.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

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

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

   Section 2.815 of the Rules, 47 C.F.R. S: 2.815, defines an external radio
   frequency power amplifier as "any device which, (1) when used in
   conjunction with a radio transmitter as a signal source is capable of
   amplification of that signal, and (2) is not an integral part of a radio
   transmitter as manufactured."

   "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).

   www.intertechfm.com (accessed February 7, 2008).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Chris Rea, Inter
   Tech FM (March 28, 2008) ("First LOI").

   See Letter from Chris Rea, Inter Tech FM to Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission (April 23, 2008)
   ("First Response").

   Id. at 1, 6. The Cybermax transmitter models identified by Inter Tech
   included: (1) the Cybermax FM 15+; (2) the Cybermax FM 15+ DSP; (3) the
   Cybermax FM 20+; (4) the Cybermax FM 20+ DSP; (5) the Cybermax FM 150; (6)
   the Cybermax FM 150 DSP; (7) the Cybermax FM 300; and (8) the Cybermax FM
   300 DSP. Inter Tech also acknowledged that it marketed and manufactured
   several other Cybermax models which are essentially identical to these
   models. Id. at 6. We note that in a related matter that the Division
   issued a Notice of Apparent Liability to Inter Tech for its unauthorized
   marketing of a single, now discontinued transmitter, the Cybermax FF TX 1,
   in violation of Section 302(b) of the Act and Section 2.803(a) of the
   Rules, and for providing incorrect material factual information in
   violation of Section 1.17(a)(2) of the Rules. The Division action was
   limited to the discontinued transmitter only and did not address the
   transmitters subject to this proceeding. See Inter Tech FM, Notice of
   Apparently Liability for Forfeiture, 24 FCC Rcd 1151 (Enf. Bur., Spectrum
   Enf. Div. 2009), response pending.

   See First Response at 4. See also 47 C.F.R. S: 73.1660(a)(1) (requiring
   AM, FM or TV transmitters to be verified for compliance following the
   procedures describe in Part 2 of the Rules). Verification is a
   self-authorization procedure where the manufacturer or the importer, in
   the case of imported equipment, makes measurements or takes the necessary
   steps to insure that the equipment complies with the appropriate technical
   standards. See 47 C.F.R. S:S: 2.902 and 2.909(b). While Inter Tech claims
   to have marketed these transmitters solely to full power FM stations,
   Inter Tech admitted that one of these transmitters was "inadvertently"
   sold to Sidon Video Productions and then resold to a Low Power FM ("LPFM")
   station located in the United States. First Response at 6.

   See First Response at 4. See also 47 C.F.R. S: 2.955 (describing those
   verification records required to be maintained by the manufacturer).

   Inter Tech's use of the word "module" in this context does not refer to
   the Commission's Part 15 certification for modular use, as these
   amplifiers are not low power devices. See 47 C.F.R. S: 15.212. Inter Tech
   refers to these devices as modules to indicate that these devices are
   standardized components often used in the creation of other devices, such
   as transmitters. The Commission's definition of "modular device," however,
   is a legal term of art, indicating Part 15 devices certified for
   incorporation into new devices without necessitating the certification of
   the final device. See 47 C.F.R. S: 15.212.

   See First Response at 5. Inter Tech identified these amplifier models
   under the following trade names and numbers: the Cybermax FM 150A (also
   sold as Cyclone FM150A), and the Cybermax FM300A (also sold as Cyclone
   FM300A). Inter Tech also acknowledged that it marketed several other
   Cybermax amplifiers models which are essentially identical to the models
   listed above.

   47 C.F.R. S: 2.815(b).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Chris Rea, Inter
   Tech FM (July 10, 2008) ("Second LOI").

   See Letter from Chris Rea, Inter Tech FM to Kathryn S. Berthot, Chief,
   Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (July 23, 2008) ("Second Response").

   Id. at 2.

   Id. at 1-2.

   Id.

   Id. at 1.

   Id. at 2.

   Id.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Chris Rea, Inter
   Tech FM (November 24, 2008) ("Third LOI").

   See Letter from Chris Rea, Inter Tech FM to Kathryn S. Berthot, Chief,
   Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (November 26, 2008) ("Third Response), at 2. The four Cybermax
   transmitters which contained the verified exciter with no amplification
   are: (1) the Cybermax FM 15+; (2) the Cybermax FM 15+ DSP; (3) the
   Cybermax FM 20+; and (4) the Cybermax FM 20+ DSP. Id.

   Id. The four Cybermax transmitters which contained the verified excited
   coupled with the Broadcast Warehouse amplifier are: (1) the Cybermax FM
   150; (2) the Cybermax FM 150 DSP; (3) the Cybermax FM 300; and (4) the
   Cybermax FM 300 DSP. Id.

   Id. According to Inter Tech, the Cybermax FM 150 DSP, the Cybermax FM 300,
   and the Cybermax FM 300 DSP transmitters included the verified exciter and
   the Broadcast Warehouse amplifier TX-300. Id.

   Id. Inter Tech indicated that the Cybermax FM 150 transmitter included the
   verified exciter and the Broadcast Warehouse amplifier TX-150. Id.

   Id. Inter Tech identified the following Broadcast Warehouse amplifiers as
   the modules that it incorporated into its own casing: the TX25-50 and the
   TX150-300.

   Id. Commission records indicate that these amplifiers were certified under
   two FCC Identification Numbers, as follows: (1) FCC ID TUOTX25-50
   (TX25-50); and (2) FCC ID TUOTX150-300 (TX150-300).

   Id.

   See supra note 20 and accompanying text.

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

   Section 2.801(a)(1) of the Rules defines a radio frequency device as "any
   device which in its operation is capable of emitting radio frequency
   energy ...." Radio frequency devices subject to the Rules include, among
   other items, radio communication transmitting devices and "any part or
   component thereof which in use emits radiofrequency energy." 47 C.F.R. S:
   S: 2.801(a)(1) and (d).

   47 C.F.R. S: 73.1660(a)(1).

   See 47 C.F.R. S: 2.811.

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

   Inter Tech stated in its First Response that as of that date, it marketed
   and planned to continue manufacture of the Cybermax transmitters that are
   the subject of this NAL. See First Response at 1, 6. In its Second and
   Third Responses, Inter Tech did not indicate an intent to discontinue
   manufacture or sale of these transmitters, and implied that it believed
   that such manufacture and marketing was compliant with the Rules. See
   Second Response at 2; Third Response at 2.

   A review of Inter Tech's website on March 18, 2009 reveals that these
   transmitters are currently marketed as "export only." See
   www.intertechfm.com (March 18, 2009).

   See First Response at 4; Second Response at 2.

   47 C.F.R. S: 2.955 (listing records required to be maintained as proof of
   verification). Under the verification procedures, the manufacturer of
   radio frequency devices, or the importer in the case of imported devices,
   must make measurements or take the necessary steps to obtain measurements
   to ensure that the subject devices comply with the Commission's technical
   standards. Id. See also 47 C.F.R. S: 2.902(b).

   See supra note 10 and accompanying text.

   See supra notes 25 and 26 and accompanying text.

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

   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 Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon.
   denied, 7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) 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 Callais Cablevision, Inc., Notice of Apparent
   Liability for Forfeiture, 16 FCC Rcd 1359, 1362 (2001); Southern
   California, 6 FCC Rcd at 4388.

   See Syntax-Brillian Corporation, Forfeiture Order and Notice of Apparent
   Liability for Forfeiture, 23 FCC Rcd 6323, 6327 (2008) (emphasizing that
   equipment subject to verification but noncompliant with our technical and
   administrative Rules is considered to be "unauthorized" under 503(b)(5) of
   the Act and may not be marketed in the United States) ("Syntax-Brillian
   Forfeiture Order"). See also Behringer USA, Inc., Notice of Apparent
   Liability for Forfeiture, 21 FCC Rcd 1820, 1825 (2006) (imposing liability
   for the marketing of non-verified equipment), forfeiture ordered, 22 FCC
   Rcd 10451 (2007) (forfeiture paid) ("Behringer").

   47 C.F.R. S: 2.1043.

   47 C.F.R. S: 2.924.

   Under Section 2.924 of the Rules, a device is considered to be
   electrically identical if no changes are made to the device authorized by
   the Commission, or if the changes made to the device would be treated as
   class I permissive changes within the scope of Section 2.1043(b)(1) of the
   Rules, 47 C.F.R. S: 2.1043(b)(1).

   47 C.F.R. S: 2.933.

   Id.

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

   See First Response at 5.

   See First Response at 5; Second Response at 2.

   47 C.F.R. S:S: 2.924, 2.929(b).

   See 47 C.F.R. S: 2.909(a).

   Id.

   47 C.F.R. S: 2.807(b).

   See First Response at 5; Third Response at 2.

   See Gibson Tech Ed, Inc. d/b/a/ Hobbytron.com, Memorandum Opinion and
   Order, 21 FCC Rcd 9642, 9645 (Enf. Bur. 2006); New Image Electronics,
   Forfeiture Order, 17 FCC Rcd 3594, 3596 (Enf. Bur. 2002).

   Marketing materials for the other Cybermax amplifiers were not included as
   part of its First Response.

   See Second Response  at 2. In its Third Response, Inter Tech indicated
   that it had discontinued marketing of the Cybermax FM150A and Cybermax FM
   300A amplifiers. See Third Response at 2.

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

   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) (forfeiture paid).

   47 U.S.C. S: 503(b)(2)(A). 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, 23 FCC Rcd 9845
   (2008) (adjusting the maximum statutory amounts for non- licensees from
   $11,000/$97,500 to $16,000/$112,500); Amendment of Section 1.80 of the
   Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, Order, 19 FCC Rcd 10945 (2004) (adjusting the maximum statutory
   amounts for non-licensees 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, Order, 15 FCC Rcd 18221 (2000)
   (adjusting the maximum statutory amounts for non-licensees from
   $10,000/$75,000 to $11,000/$87,500). The most recent inflation adjustment
   took effect September 2, 2008 and applies to violations that occur after
   that date. See 73 Fed. Reg. 44663-5.

   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, 21 FCC Rcd at 1825; Globcom, Inc. d/b/a Globcom Global
   Communications, Notice of Apparent Liability for Forfeiture, 18 FCC Rcd
   19893, 19903 (2003), forfeiture ordered, Forfeiture Order,  21 FCC Rcd
   4710 (2006); Roadrunner Transportation, Inc., Forfeiture Order,  15 FCC
   Rcd 9669, 9671-72 (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. denied, 11 FCC
   2d 193 (1967).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 C.F.R. S: 1.80.

   See, e.g., San Jose Navigation, Inc., Notice of Apparent Liability for
   Forfeiture, 21 FCC Rcd 2873 (2006), forfeiture ordered, Forfeiture Order,
   22 FCC Rcd 1040 (2007); Behringer 21 FCC Rcd at 1827; ACR Electronics,
   Inc., 19 FCC Rcd 22293, 22302 (2004), forfeiture ordered, 21 FCC Rcd 3698
   (2006); Samson Technologies, Inc., Notice of Apparent Liability for
   Forfeiture, 19 FCC Rcd 4221, 4225 (2004), consent decree ordered, 19 FCC
   Rcd 24509 (2004) (all finding that the marketing of each separate
   unauthorized model constitutes a separate violation).

   See, e.g., Behringer, Notice of Apparent Liability for Forfeiture, 21 FCC
   Rcd at 1827 (proposing a base forfeiture of $7,000 per model before upward
   adjustment); 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, Forfeiture Order, 20 FCC Rcd 17893
   (Enf. Bur., Spectrum Enf. Div. 2005) (proposing a base forfeiture of
   $7,000 per model for the marketing of unauthorized equipment prior to
   upward adjustment); Samson Technologies, Inc., Notice of Apparent
   Liability for Forfeiture, 19 FCC Rcd 4221, 4225 (2004) (proposing a base
   forfeiture of $7,000 per model for a total proposed forfeiture of
   $35,000).

   See, e.g., Proxim Wireless Corporation, 24  FCC Rcd 1145, 1150 (Enf. Bur.,
   Spectrum Enf. Div. 2009) (forfeiture paid); Data Capture Solutions, Inc.,
   Notice of Apparent Liability for Forfeiture and Admonishment, 23 FCC Rcd
   12743, 12747(Enf. Bur., Spectrum Enf. Div. 2008), response pending; Ryzex,
   Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 878, 884
   (Enf. Bur., Spectrum Enf. Div. 2008), response pending; DBK Concepts,
   Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 2870, 2875
   (Enf. Bur., Spectrum Enf. Div. 2008), response pending; Multi-Tech
   Systems, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
   17824 (Enf. Bur., Spectrum Enf. Div. 2008) (all proposing reduced
   forfeitures of $4,000 per model for marketing unauthorized equipment that
   violates labeling rules only).

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

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

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   Federal Communications Commission DA 09-1513

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   Federal Communications Commission DA 09-1513