Enforcement Action and Case Background
On September 28, 2006, the Federal Communications Commission's Enforcement Bureau, through its Tampa Office, released an Official Citation against Coverage Solutions Corporation (CSC), based in Tampa, Florida. The citation, designated Citation No. C20063270006 under File No. EB-06-TP-047, was issued by Ralph Barlow, District Director of the Tampa Office in the South Central Region.
An investigation conducted by the Tampa Office revealed that CSC imported several dual band radio frequency (RF) amplifiers into the United States in early January 2006. All imported units were of the same model, and none bore the mandatory FCC Identification (FCC ID) labeling.
Laboratory Evaluation and Regulatory Violations
Following the initial investigation, the Tampa Office submitted one of the imported dual band RF amplifiers to the FCC's Office of Engineering and Technology (OET) for formal evaluation and testing. OET testing confirmed that the equipment was not type accepted, certified, or verified.
The Commission determined that CSC violated federal statutory and regulatory equipment authorization standards by importing unapproved RF devices lacking required identification labels.
- Section 302(b) of the Communications Act of 1934, as amended (47 U.S.C. § 302a(b)), which prohibits the manufacture, import, sale, offer for sale, shipment, or use of non-compliant devices.
- Section 2.803(a)(1) of the Commission's Rules (47 C.F.R. § 2.803(a)(1)), which prohibits importing or marketing any RF device subject to certification unless it has received proper Commission authorization and bears appropriate identification and labeling.
- Section 2.925(a)(1) of the Commission's Rules (47 C.F.R. § 2.925(a)(1)), which mandates that equipment covered by an authorization application must display a legible label listing the FCC Identifier preceded by the capital letters 'FCC ID' on a single line.
Potential Sanctions and Response Procedures
The citation warned CSC that continued or future violations of the Communications Act or Commission Rules could result in significant enforcement consequences, including substantial monetary forfeitures under 47 C.F.R. § 1.80(b)(3), in rem equipment seizure, and criminal sanctions including imprisonment.
Pursuant to Section 503(b)(5) of the Act, CSC was afforded the opportunity to request an interview at the FCC Tampa Office or submit a written statement within 14 days of the citation date. Any written submission was required to outline the corrective actions taken to resolve the identified violations.