Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



   August 10, 2009

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   Wade Hirsch, President

   Future Hobbies

   1920 Adelaide Way

   San Jose, CA 95124-5548

   Re: File No. EB-08-SE-692

   Dear Mr. Hirsch:

   This is an official CITATION issued to Future Hobbies pursuant to Section
   503(b)(5) of the Communications Act of 1934, as amended ("Act"), for
   marketing unauthorized radio frequency devices in the United States that
   operate on restricted frequencies in violation of Section 302(b) of the
   Act, and Sections 2.803 and 15.205(a) of the Commission's Rules ("Rules").
   As explained below, future violations of the Commission's Rules in this
   regard may subject your company to monetary forfeitures.

   In response to a complaint alleging that Future Hobbies was marketing
   unauthorized audio/video transmitters that are capable of operating on
   restricted frequencies in the 900 MHz and 2.4 GHz frequency bands, the
   Spectrum Enforcement Division of the Commission's Enforcement Bureau
   ("Division") issued a letter of inquiry ("LOI") to Future Hobbies on
   February 25, 2009. At the time of that letter, we observed on your
   website, www.futurehobbies.com, your marketing of the following radio
   frequency devices: the FHV 2.4 GHz 1000 mW audio/video transmitter and the
   FHV 900 MHz 500 mW audio/video transmitter.

   In your April 8, 2009, response to the LOI, you state that you began
   marketing these devices on January 2, 2007, and have sold 110 units of the
   FHV 2.4 GHz 1000 mW audio/video transmitter and 63 units of the FHV 900
   MHz 500 mW audio/video transmitter. You indicate that you do not
   manufacture the devices, and that the devices are imported from a
   manufacturer in Taiwan.

   You state that you began importing the FHV 2.4 GHz 1000 mW device on
   October 11, 2006, and the FHV 900 MHz 500 mW device on September 5, 2007.
   You state that Future Hobbies discontinued importation of the 900 MHz
   device in December 2008, and that you last imported the 2.4 GHz device on
   April 5, 2009, though the devices imported on that date are not being
   marketed in the United States. You state in your LOI Response that you
   have filed FCC Form 740 with the United States Customs and Border Patrol
   for some, but not all, of the imported devices.

   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 in pertinent part that:

   [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 ... [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 through the
   equipment certification procedures described in Sections 2.1031 - 2.1060
   of the Rules prior to marketing within the United States.

   In your LOI response, you admit that the two devices operate within
   restricted frequency bands listed in Section 15.205(a) of the Rules.
   Specifically, the 2.4 GHz device is capable of operating on 2370 MHz, 2390
   MHz, and 2490 MHz, and the 900 MHz device is capable of operating on 980
   MHz, 1010 MHz, and 1040 MHz. Because these devices are capable of
   operation on restricted frequencies listed in Section 15.205(a) of the
   Rules, the devices cannot comply with the FCC's technical standards and
   therefore cannot be certified or marketed within the United States.

   Accordingly, it appears that Future Hobbies violated Section 302(b) of the
   Act and Sections 2.803 and 15.205(a) of the Rules by marketing in the
   Unites States the two transmitters listed above.

   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 $16,000 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 you are taking to ensure that you
   do not violate the Commission's Rules governing the marketing of radio
   frequency equipment in the future.

   The nearest Commission field office is the San Francisco Office, in
   Pleasanton, California. Please call Samantha Peoples at 202-418-1101 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

   Federal Communications Commission

   445-12th Street, S.W., Rm. 3-C366

   Washington, D.C. 20554

   Under the Privacy Act of 1974, 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.

   Thank you in advance for your anticipated cooperation.

   Sincerely,

   Kathryn Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   47 U.S.C. S: 503(b)(5).

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

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

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Wade Hirsch,
   President, Future Hobbies (February 25, 2009).

   See Letter from Wade Hirsch, President, Future Hobbies to Samantha
   Peoples, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (April 8, 2009) ("LOI Response").

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

   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.

   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).

   Section 15.205(a) allows intentional radiators to transmit only spurious
   emissions in the restricted frequency bands. 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."

   See 47 C.F.R. S: 1.80(b)(3).

   See 5 U.S.C. S: 552(a)(e)(3).

   See 18 U.S.C. S: 1001.

   Federal Communications Commission DA 09-1772

   1

   2

   Federal Communications Commission DA 09-1772

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554