Overview of Enforcement Advisory No. 2019-04
On April 8, 2019, the Federal Communications Commission Enforcement Bureau released Enforcement Advisory No. 2019-04 (DA 19-265), warning against an observed increase in the marketing and operation of noncompliant video TV set-top boxes designed to stream Internet-based content.
Under Section 302 of the Communications Act of 1934, as amended (47 U.S.C. § 302a(b)), and FCC rules under 47 CFR Parts 2 and 15, radiofrequency devices must obtain proper equipment authorization prior to importation, advertising, sale, or operation in the United States. Marketing encompasses sale or lease, offering for sale or lease, advertising, importation, shipment, or distribution for commercial offering.
Core Equipment Authorization and Compliance Requirements
The Commission outlined three essential compliance areas that manufacturers, importers, retailers, and distributors must satisfy before marketing video TV set-top devices to non-federal U.S. customers:
- Proper FCC Authorization: Set-top boxes containing radio frequency transmitters (such as Wi-Fi) must be authorized through the Certification process or the Supplier's Declaration of Conformity (SDoC) procedures under 47 CFR §§ 2.907 and 15.201. Devices without external transmitters that generate internal radio frequency energy (unintentional radiators) must also be authorized through Certification or SDoC pursuant to 47 CFR §§ 2.906 and 15.101.
- Device Labeling: Certified devices must display a unique FCC Identifier (FCC ID) pursuant to 47 CFR §§ 2.925 and 2.926, which can be verified in the FCC Equipment Authorization Search database. The FCC emphasized that displaying an FCC logo alone does not establish compliance or replace an FCC ID. Modular transmitters must be labeled accordingly (e.g., indicating the contained module ID). Devices must also feature the required 47 CFR § 15.19 compliance statement regarding interference.
- User Manual Disclosures: In accordance with 47 CFR § 15.105, user manuals must include explicit consumer disclosures warning of potential interference to radio communications and listing corrective steps to eliminate interference.
Penalties and Enforcement Contacts
The Enforcement Bureau advised that anyone marketing or operating noncompliant set-top devices must cease immediately. Entities violating FCC marketing or operating rules face statutory penalties under 47 U.S.C. § 503(b)(2)(D) and 47 CFR § 1.80, including monetary fines of up to $19,639 per day of marketing violations and up to $147,290 for an ongoing violation.
Media inquiries regarding the advisory were directed to Will Wiquist at (202) 418-0509 or will.wiquist@fcc.gov, and bureau inquiries to Shannon Lipp at (202) 418-8192 or shannon.lipp@fcc.gov. Consumers and industry participants may file complaints through the FCC Consumer Complaint portal or by calling 1-888-CALL-FCC.