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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                         )                          
                                                    
                         )                          
                                                    
     In the matter of    )                          
                             File No. EB-09-SE-205  
     Sound Around Inc.   )                          
                                                    
                         )                          
                                                    
                         )                          


                                    CITATION

                  ILLEGAL MARKETING OF RADIO FREQUENCY DEVICES

                 CAPABLE OF OPERATING ON RESTRICTED FREQUENCIES

   Adopted: July 5, 2011 Released: July 7, 2011

   By the Acting Chief, Spectrum Enforcement Division, Enforcement Bureau:

    1. This is an official CITATION issued pursuant to section 503(b)(5) of
       the Communications Act of 1934, as amended ("Communications Act"), to
       Sound Around Inc. ("Sound Around") for marketing in the United States
       radiofrequency devices that operate on restricted frequencies in
       violation of section 302(b) of the Communications Act and sections
       2.803 and 15.205(a) of the rules ("Rules") of the Federal
       Communications Commission ("Commission"), and for marketing wireless
       microphones that are capable of operating in the 700 MHz band (698-806
       MHz) in violation of section 74.851(g) of the Rules.

    2. Sound Around should take immediate steps to come into compliance and
       to avoid any recurrence of this misconduct, including removing from
       display (including online display) all wireless microphones capable of
       operating in the 700 MHz frequency band. As explained below and as
       provided in the Communications Act, future violations of the Rules in
       this regard may subject Sound Around to monetary forfeitures.

   I. bACKGROUND

    3. During the course of an investigation of an unrelated complaint, the
       Spectrum Enforcement Division ("Division") of the Commission's
       Enforcement Bureau observed that Sound Around was apparently marketing
       on its website, www.pyleaudio.com, four models of wireless microphones
       that operate in restricted frequency bands. By letter of inquiry
       ("LOI") dated September 30, 2009, the Division initiated an
       investigation into whether Sound Around was marketing in the United
       States uncertified wireless microphones that operate within restricted
       frequency bands. On November 18, 2009, having not received a response
       to the September 30, 2009 LOI, the Division resent the LOI to Sound
       Around.

    4. In its December 6, 2009 response to the LOI, Sound Around admits to
       importing and marketing the wireless microphones in the United States
       and states that it purchased the devices from a company based in
       China. Sound Around also provides a marketing flyer that confirms that
       two of the wireless microphones, Models PDWM94 and PDWM96, operate on
       frequencies 114-116 MHz, which are within the 108-121.94 MHz
       restricted frequency band. The marketing flyer also indicates that
       Models PDWM3000 and PDWM5500 operate on frequencies 232.4-261.0 MHz
       and 210-280 MHz, respectively, which are within the 240-285 MHz
       restricted frequency band. Regarding authorization of the wireless
       microphones, Sound Around states that "based on the information
       provided by the manufacturer and therefore to the best of my
       knowledge, all products listed in inquiry (3) [the subject wireless
       microphones] are in fact up to spec. with all FCC technical
       standards." In response to our request for a copy of the grant of
       certification or the FCC Identification Number for the wireless
       microphones, Sound Around further states that it had "requested the
       grant of certification from the manufacturer and expect for them to
       remit." Sound Around finally states that "if [the manufacturer] cannot
       provide within the time-frame allowed by the FCC, Sound Around Inc.
       will immediately cease to import the items listed in inquiry (3)."

    5. Because Sound Around failed to fully respond to the LOI, the Division
       sent a further inquiry to Sound Around on February 1, 2010. In that
       further inquiry, the Division again asked Sound Around to provide a
       copy of the grant of certification or the FCC ID Number for each of
       the wireless microphones that operate within restricted frequency
       bands. In its February 15, 2010 response to the further inquiry, Sound
       Around states that it was unsuccessful in obtaining the grant of
       certification although it had made repeated requests to the
       manufacturer. To date, Sound Around still has not provided any proof
       that these four models of wireless microphones have been certified and
       a review of the Commission's Equipment Authorization Database reveals
       that no certifications have been issued under the manufacturer's name.

    6. Additionally, a subsequent review by Division staff of Sound Around's
       web site revealed that Sound Around also was marketing wireless
       microphone Model PDWM2600 that operates within the 801-850 MHz
       frequency range, a portion of which is within in the 700 MHz frequency
       band.

   II. Applicable Law and Violations

    7. Section 302(b) of the Communications Act states: "[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." The applicable
       implementing regulations are set forth in sections 2.803, 15.201, and
       15.3(o) of the Rules.

   Specifically,  section 2.803(a)(1) of the Rules provides:

   [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: (1) In 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.

   Further, pursuant to section 15.201(b) of the Rules, intentional
   radiators, such as wireless microphones, must be authorized in accordance
   with the Commission's certification procedures described in sections
   2.1031 - 2.1060 of the Rules prior to the initiation of marketing in the
   United States.

    8. Commission Rules expressly prohibit the marketing of wireless
       microphones that can operate in the 700 MHz frequency band.
       Specifically, section 74.851(g) of the Rules prohibits the
       manufacture, importation, sale, lease, offer for sale or lease, or
       shipment of wireless microphones and other low power auxiliary
       stations intended for use in the 700 MHz frequency band in the United
       States.

    9. Based on the information provided by Sound Around, wireless microphone
       Models PDWM94, PDWM96, PDWM3000, and PDWM5500 are ineligible for
       certification and therefore cannot be marketed in the United States.
       Specifically, Sound Around confirmed that these wireless microphone
       models operate within restricted frequency bands listed in section
       15.205(a) of the Rules. Thus, these devices cannot comply with the
       FCC's technical standards, cannot be certified as required by
       Commission Rules, and consequently cannot be marketed within the
       United States. Moreover, the Division observed wireless microphone
       Model PDWM2600 on Sound Around's web site. The marketing of this
       wireless microphone, which is capable of operating within the 700 MHz
       frequency band, is prohibited by section 74.851(g) of the Rules.

   10. We therefore issue this Citation to Sound Around for violating the
       Commission's Rules as discussed above. Sound Around should take
       immediate steps to ensure that it does not continue to violate the
       Commission's Rules, including removing from display (including online
       display) all wireless microphones that are capable of operating in the
       700 MHz frequency band. To the extent that Sound Around markets
       wireless microphones that operate outside the 700 MHz frequency band,
       such as in the core TV bands (channels 2-51, excluding channel 37), it
       should review the Commission Rules that apply to such devices.

   III. future compliance

   11. If, after receipt of this Citation, Sound Around 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.

   12. Sound Around may respond to this Citation within thirty (30) days
       after the release date of the Citation either by (1) requesting a
       personal interview at the Commission's Field Office nearest to its
       place of business, or (2) submitting a written statement. Sound
       Around's written statement should specify the actions that it is
       taking to correct the violations outlined above and to ensure that it
       does not violate the Commission's Rules governing the marketing of
       radio frequency devices in the future. Please reference EB file number
       EB-09-SE-205 when corresponding with the Commission.

   13. Under the Privacy Act of 1974, we also inform Sound Around that the
       Commission's staff will use all relevant material information before
       it, including information disclosed in its interview or written
       statement, to determine if further enforcement action is required to
       ensure compliance with the Communications Act and the Commission's
       Rules. Please also note that section 1.17 of the Rules requires that
       Sound Around provide truthful and accurate statements to the
       Commission. In addition, 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.

   IV. contact information

   14. The closest FCC office is the New York Field Office in New York, New
       York. Please call Karen Mercer at (202) 418-1160 if Sound Around
       wishes to schedule a personal interview. The interview should take
       place within thirty (30) days after the release date of this Citation.
       Send any written statement within thirty (30) days after the release
       date of this Citation to:

   John D. Poutasse

   Acting Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

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

   Washington, D.C. 20554

   Re: EB File No. EB-09-SE-205

   15. Reasonable accommodations for people with disabilities are available
       upon request. Include a detailed description of the accommodation(s)
       needed. Also include a way we can contact Sound Around 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).

   To request this document in accessible formats for people with
   disabilities (braille, large print, electronic files, audio format):
   202-418-0530 (voice), 202-418-0432 (tty).

   V. ordering clauses

   16. IT IS ORDERED that a copy of this Citation shall be sent both by First
       Class U.S. Mail and by Certified Mail, Return Receipt Requested to
       Sound Around Inc. at its address of record, Mr. Zigmond Brach,
       President, Sound Around Inc., 1600 63rd Street, Brooklyn, NY 11204.

                                            FEDERAL COMMUNICATIONS COMMISSION

   John D. Poutasse

   Acting Chief, Spectrum Enforcement Division

   Enforcement Bureau

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

   47 U.S.C. S: 302a(b); 47 C.F.R. S:S: 2.803, 15.205(a).

   47 C.F.R. S: 74.851(g).

   Advertisements for models PDWM94, PDWM96, PDWM3000 and PDWM5500 were
   observed on Sound Around's web site on September 29, 2009. Information on
   the web site indicated that these devices operate on frequencies 114-116
   MHz (Models PDWM94 and PDWM96); 232.4-261.0 MHz (Model PDWM3000); and
   210-280 MHz (Model PDWM5500). These advertisements remain on Sound
   Around's web site. See
   http://www.pyleaudio.com/itemdetail.asp?model=PDWM94,
   http://www.pyleaudio.com/itemdetail.asp?model=PDWM96,
   http://www.pyleaudio.com/itemdetail.asp?model=PDWM3000 and
   http://www.pyleaudio.com/itemdetail.asp?model=PDWM5500 (visited September
   29, 2009, November 18, 2009, July 21, 2010 and June 8, 2011).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Jerry Brach,
   Vice President, Pyle Audio (September 30, 2009). The LOI was addressed to
   Pyle Audio. The Division was subsequently informed that "Pyle" is a
   registered trademark of Sound Around, Inc., which imports Pyle Audio brand
   products. Thus, this Citation is addressed to Sound Around Inc. and the
   company will hereinafter be referred to as Sound Around and not Pyle
   Audio.

   See Letter from Zigmond Brach, President, Sound Around Inc., to Jacqueline
   Ellington, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (December 6, 2009) ("LOI Response").

   LOI Response at 1.

   LOI Response at Exhibit B.

   Id.

   LOI Response at 2.

   Id.

   Id.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Jerry Brach,
   Vice President, Sound Around Inc. (February 1, 2010).

   See Letter from Zigmond Brach, President, Sound Around Inc., to Jacqueline
   Ellington, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (February 15, 2010), at 1.

   See https://fjallfoss.fcc.gov/oetcf/eas/reports/GenericSearch.cfm.

   See http://www.pyleaudio.com/itemdetail.asp?model=PDWM2600. The Division
   observed this wireless microphone displayed on Sound Around's web site on
   September 17, 2010, September 29, 2010 and June 9, 2011.

   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: 15.201(b).

   Section 15.3(o) of the Rules defines an "intentional radiator" as 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:S: 2.1031 - 2.1060.

   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).

   See FCC Adopts Order to Clear the 700 MHz Frequency for Public Safety and
   Next Generation Consumer Users, News Release, 2010 WL 176680 (2010); and
   Revisions to Rules Authorizing the Operation of Low Power Auxiliary
   Stations in the 698-806 Band, Report and Order and Further Notice of
   Proposed Rulemaking, 25 FCC Rcd 643 (2010). Effective June 12, 2010,
   operation of wireless microphones in the 700 MHz frequency band is
   prohibited.

   47 C.F.R. S: 74.851(g).

   Section 15.205(a) allows intentional radiators to transmit only spurious
   emissions in the restricted frequency bands. Section 2.1 defines spurious
   emissions as "[e]mission[s] 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." The subject wireless microphones intentionally transmit radio
   frequency energy on restricted frequencies in the 114-116 MHz and 240-280
   MHz bands.

   Certain wireless microphones may be certified for use as licensed low
   power auxiliary stations under Part 74 of the Rules. See 47 C.F.R. S:S:
   74.801, 74.851. We note, however, that these four models of wireless
   microphones do not operate on frequencies allocated for low power
   auxiliary stations under Part 74. See 47 C.F.R. S: 74.802. Accordingly,
   these wireless microphones are not eligible for certification as Part 74
   devices.

   See e.g. 47 C.F.R. S:S: 15.216, 74.802(e). The Commission's Rules are
   available at
   http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=201047.

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

   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.").

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1165

                                       6

   Federal Communications Commission DA 11-1165