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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-10-LA-0142
Able Cine Tech )
Citation No.: C201132900002
Burbank, California )
)
)
CITATION
ILLEGAL MARKETING OF UNCERTIFICATED RADIO FREQUENCY DEVICES
Adopted: November 16, 2010 Released: November 18, 2010
By the District Director, Los Angeles District Office, Western Region,
Enforcement Bureau:
I. INTRODUCTION
1. This is an official CITATION issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Able Cine Tech
for marketing unauthorized radio frequency devices in the United
States in violation of Section 302(b) of the Act, and Section
2.803(a)(1) of the Commission's Rules ("Rules").
2. Able Cine Tech should take immediate steps to come into compliance and
to avoid any recurrence of this misconduct. As explained below and as
provided in the Communications Act, future violations of the
Commission's Rules in this regard may subject your company to
substantial monetary penalties, seizure of equipment, and criminal
sanctions.
II. background
3. On June 3, 2010, the Enforcement Bureau's Los Angeles Office
investigated Able Cine Tech, located at 801 S. Main St., Burbank,
California. The investigation revealed that Able Cine Tech marketed
unauthorized radio frequency devices, specifically a Modulus UHF
wireless video assist device. A review of the Commission's equipment
authorization databases released that these Modulus wireless video
assist transmitters have not been certificated for marketing or use in
the United States.
III. applicable law and violations
4. Federal law requires that radio frequency devices be certified in
accordance with the FCC's technical standards before they can be
marketed 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 2.803(a)(1) of the Commission's implementing
regulations provides that "no 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...." Section 2.803(g) of the
Commission's Rules provides in pertinent part that "radio 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." Section 2.803(e)(4) of the
Commission's 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."
5. Wireless video assist devices are authorized for use pursuant to Part
74, Subpart H of the Commission's Rules. According to Section 74.801
of the Rules, "[t]elevision broadcast auxiliary licensees and motion
picture and television producers . . . may operate wireless video
assist devices on a noninterference basis on VHF and UHF television
channels to assist with production activities." All transmitters
marketed for use under Part 74, Subpart H, "shall be certificated by
the Federal Communications Commission for this purpose." On June 3,
2010, an investigation by the Los Angeles Office of Able Cine Tech's
store in Burbank, California, revealed that Able Cine Tech marketed
wireless video assist devices that had not been certificated for
marketing or use in the United States. The marketing of these devices
violated Section 302(b) of the Act, and Section 2.803(a)(1) of the
Rules.
IV. REQUEST FOR INFORMATION
6. Pursuant to Sections 4(i), 4(j), and 403 of the Act, Able Cine Tech is
directed to provide the information specified herein, within thirty
(30) days after the release date of this Citation.
a. Provide name and address of the source, i.e. manufacturer,
distributor and/or importer from whom Able Cine Tech acquired the
wireless video assist devices referenced above.
V. FUTURE COMPLIANCE
7. If, after receipt of this Citation, Able Cine Tech violates the
Communications Act or the Commission's Rules by engaging in conduct of
the type described herein, the Commission may impose monetary
forfeitures of up to $16,000 for each such violation or each day of a
continuing violation and up to $112,500 for any single act or failure
to act. In addition, violations of the Act or the Rules can result in
seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
8. Able Cine Tech may respond to this Citation within thirty (30) days
after the release date of this Citation either through (1) a personal
interview at the closest FCC office, or (2) a written statement. Any
written statements should specify what actions have been taken by Able
Cine Tech to ensure that it does not violate the Commission's rules
governing the marketing of radio frequency devices in the future. All
responses should be addressed to Federal Communications Commission,
Los Angeles District Office, 18000 Studebaker Rd., #660, Cerritos, CA
90703. Please reference file number EB-10-LA-0142 when corresponding
with the Commission.
9. Under the Privacy Act of 1974, any statement or information provided
by you may be used by the Commission to determine if further
enforcement action is required. Any knowingly or willfully false
statement, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
Section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
VI. CONTACT INFORMATION
10. The closest FCC Office is the Los Angeles District Office in Cerritos,
CA. You may contact this office by telephone, 562-860-7474, to
schedule a personal interview, which must take place within thirty
(30) days after the release date of this Citation.
11. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact
you if we need more information. Please allow at least five (5) days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
VII. ORDERING CLAUSES
12. IT IS ORDERED that a copy of this Citation shall be sent both by
First Class U.S.
Mail and Certified Mail, Return Receipt Requested, to Able Cine Tech at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S: 2.803(g).
47 C.F.R. S: 2.803(e)(4).
47 C.F.R S:S: 74.801 - 74.882.
Pursuant to Section 74.801 of the Rules, a "[m]otion picture producer
refers to a person or organization engaged in the production or filming of
motion pictures." A "[t]elevision program producer refers to a person or
organization engaged in the production of television programs." 47 C.F.R
S: 74.801
47 C.F.R S: 74.870.
47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S:
2.801 - 2.815.
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 U.S.C. S:S: 154(i), 154(j), 403.
See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.")
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Federal Communications Commission DA 10-2188
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Federal Communications Commission DA 10-2188