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.

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



   [released September 11, 2009]

                               September 2, 2009

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   AND FACSIMILE AT (603) 736-0353

   Mr. Eric D. Hoppe

   Progressive Concepts

   305 South Bartlett Road

   Streamwood, IL 60107

   Re: File No. EB-08-SE-095

   Dear Mr. Hoppe:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), to Progressive Concepts
   ("Progressive") for marketing in the United States unauthorized external
   radio frequency ("RF") amplifiers in violation of Section 302(b) of the
   Act, and Section 2.815(b) 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 February 2008, the Enforcement Bureau received a complaint alleging
   possible sale of unauthorized equipment by Progressive in violation of
   Section 302(b) of the Act. On March 7, 2008, staff from the Enforcement
   Bureau's Spectrum Enforcement Division ("Division") visited the
   Progressive web site at www.progressiveconcepts.com. The staff observed
   that Progressive was marketing numerous RF devices including external RF
   amplifiers. As part of the investigation, the Division sent a letter of
   inquiry ("LOI") to Progressive on May 13, 2008.

   In your July 3, 2008 response to the LOI, you admit that Progressive
   marketed thirteen (13) models of external RF amplifiers, all which
   operated in the 88 - 108 MHz frequency band, that had not been certified;
   specifically, four models manufactured by PTEK (FM2000, FM3000, FM4000,
   and FM 5000), eight models manufactured by Broadcast Warehouse Limited
   (IKWA, 525K, 1040K, 1150K, 1300K, 300WPA,S, 600WPP,S, and 600WPA,S), and
   one model manufactured by Broadcast Concepts (80WPA). You indicated that
   Progressive "was led to believe by the manufacturers that these devices
   fell under verification and did not require certification." You also
   stated that upon receiving the LOI, Progressive "immediately ceased all
   marketing of these devices in the United States."

   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 2.815(b) of the Rules
   provides in pertinent part that:

   [N]o person shall manufacture, sell or lease, 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
   external radio frequency power amplifier of operation on any frequency or
   frequencies below 144 MHz unless the amplifier has received a grant of
   certification in accordance with subpart J of this part and other
   pertinent parts of this chapter.

   The thirteen models of external RF amplifiers referenced above (FM2000,
   FM3000, FM4000, FM5000, IKWA, 525K, 1040K, 1150K, 1300K, 300WPA,S,
   600WPP,S, 600WPA,S, and 80WPA) operated on frequencies below 144 MHz and
   therefore must be authorized in accordance with FCC equipment
   certification procedures prior to marketing in the United States. As you
   admitted in your response to the LOI, these thirteen external RF
   amplifiers do not have FCC equipment certification. Accordingly, it
   appears that Progressive violated Section 302(b) of the Act and Section
   2.815(b) of the Rules by marketing in the United States the above
   referenced thirteen models of external RF amplifiers.

   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 Chicago Office, in Chicago,
   Illinois. Please call Peter Waltonen at 202-418-0097 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

   cc: Dean J Polales. Esq.

   Ungaretti & Harris, LLP

   3500 Three First National Plaza

   Chicago , IL 60602

   (312) 977-9206

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

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

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

   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).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Eric Hoppe,
   Progressive Concepts (May 13, 2008).

   Letter from Eric Hoppe, Progressive Concepts, to Peter Waltonen, Esq,
   Spectrum Enforcement Division Enforcement Bureau, Federal Communications
   Commission (July 2, 2008).

   Id. at 2.

   Id.

   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 09-1968

   1

   2

   Federal Communications Commission DA 09-1968

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554