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June 21, 2010
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FACSIMILE AT (239) 596-8823
Christer Kallstrom, CEO
USA Shutter Company, LLC
d/b/a MaestroShield
1455 Rail Head Boulevard
Naples, FL 34110
Re: File No. EB-09-SE-124
Dear Mr. Kallstrom:
This is an official CITATION, issued to USA Shutter Company, LLC, d/b/a
MaestroShield, ("USA Shutter"), 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 in violation of Section
302(b) of the Act, and Sections 2.803 and 15.201 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 2009, the Commission received a complaint alleging that USA Shutter was
marketing unauthorized wireless remote control transmitters used to
control window shutters. The complaint was referred to the Spectrum
Enforcement Division of the Enforcement Bureau ("Division"). On December
3, 2009, the Division sent a Letter of Inquiry ("LOI") to USA Shutter. In
your December 18, 2009 response to the LOI, you state that you do not
manufacture remote control transmitters, but you admit to importing and
marketing four models of wireless remote control transmitters beginning in
January of 2007, and importing and marketing one additional model starting
in March of 2007. You also admit that these five wireless remote control
transmitter models are not certified.
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
Commission's implementing regulations provides 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.
Intentional radiators, such as the wireless remote control transmitters
marketed by USA Shutter, are generally required by Section 15.201 of the
Rules, to be approved through the certification procedures described in
Sections 2.1031 - 2.1060 of the Rules prior to marketing within the United
States. USA Shutter admits that it marketed five models of uncertified
remote control transmitters.
Accordingly, it appears USA Shutter has violated Section 302(b) of the Act
and Sections 2.803 and 15.201 of the Rules by marketing in the United
States wireless remote control transmitter devices prior to obtaining
certification.
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 appears to be the Tampa Office in
Tampa, Florida. Please call Gabriel Collazo at (202) 418-1217 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, 15.201.
See Letter from Kathryn S. Berthot, Esq., Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, to
Christer Kallstrom, CEO, USA Shutter (December 3, 2009).
See Letter from Christer Kallstrom, CEO, USA Shutter, to Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission (December 18, 2009) ("Response").
Section 2.803(e)(4) of the Rules defines "marketing" as the "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." 47 C.F.R. S:
2.803(e)(4).
Double Channel Wall Mounted Remote Control (Item Number EL03-07), Single
Channel Hand Held Remote Control (Item number EL03-08), 4 Channel Hand
Held Remote Control (Item Number EL03-09), and Single Channel Wall Mounted
Remote Control (Item EL03-15).
15 Channel LCD Display Remote Control (Item EL03-17).
Response at 1.
Id.
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).
See 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." 47
C.F.R. S: 2.907(a).
47 C.F.R. S:S: 2.1031 - 2.1060.
See 47 C.F.R. S: 1.80(b)(3).
See 5 U.S.C S: 552a(c)(2).
See 18 U.S.C. S: 1001.
Federal Communications Commission DA 10-1088
1
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Federal Communications Commission DA 10-1088
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554