The FCC’s Enforcement Bureau issued a citation to a company for marketing radio frequency (“RF”) transmitters that were not properly certified or labeled.
Section 302 of the Communications Act prohibits the manufacture, import, sale, or shipment of home electronic equipment and devices that fail to comply with the FCC’s regulations. Section 2.803 of the FCC’s Rules provides that a device subject to FCC certification must be properly authorized, identified, and labeled in accordance with Section 2.925 of the Rules before it can be marketed to consumers.
In January 2016, after receiving complaints that the company marketed two types of RF transmitters in violation of the FCC’s equipment authorization and labeling requirements, the FCC sent a Letter of Inquiry (“LOI”) to the company. The LOI directed the company to provide information and documents related to the allegations. In its initial response (by email), the company stated that it would “soon be ceasing operations entirely.” In a subsequent email, the company said that it had ceased selling the two types of transmitters at issue, and no longer stocked the transmitters in the United States. The company also provided documents regarding the transmitters.
Upon review of the documents, the FCC determined that the transmitters were not properly certified or labeled with the required FCC identifier, and that the company had therefore violated Section 302(b) of the Communications Act and Sections 2.803(b)(1) and Section 2.925 of the FCC’s Rules. The FCC directed the company to immediately take steps to comply with the FCC’s authorization and labeling requirements, and to cease any marketing of unauthorized RF devices in the United States. The FCC also warned the company that future violations of these requirements could subject it to fines of up to $18,936 per day and other sanctions.