Enforcement Bureau Revokes Equipment Authorizations
On April 18, 2005, the Federal Communications Commission's Enforcement Bureau released an Order of Revocation (DA 05-1014) revoking two equipment authorizations held by Tung Shih Technology Co., Ltd. for learned mode remote control transmitter devices. The action was taken under authority delegated by Section 0.111(a)(17) of the Commission's rules.
The revocation followed findings that the devices possess the capability to transmit impermissibly on restricted frequency bands specified in Section 15.205(a) of the Commission's rules, as well as on frequencies outside those permitted by their respective equipment authorizations.
- Entity: Tung Shih Technology Co., Ltd.
- Order: Order of Revocation, DA 05-1014 (EB Docket No. 05-30, EB-02-TS-606)
- Adopted Date: April 15, 2005
- Released Date: April 18, 2005
Technical Violations and Laboratory Findings
Learned mode transmitters are intentional radiators sold as universal replacements or duplicates for garage door openers, keyless entry systems, security alarms, and remote switches. Under Commission rules, such devices must be certified prior to marketing and may transmit only spurious emissions within restricted frequency bands.
Testing conducted by the FCC Office of Engineering and Technology (OET) revealed significant non-compliance in two models manufactured by Tung Shih Technology Co., Ltd.:
Based on these laboratory examinations, the Enforcement Bureau determined that neither device conformed to Section 15.205(a) or the parameters of their original certifications.
- Remocon LRT-1 (authorized under FCC ID No. MMORC0196M): Originally certified only for 286-320 MHz, the device was found capable of being tuned to unauthorized frequencies, including 437.004 MHz. Device instructions indicated operational capability across 255-500 MHz, encompassing restricted frequency bands.
- RMC-535 (authorized under FCC ID No. MMORMC575): Originally certified only for 313.95-314.95 MHz, testing established that the device can operate on unauthorized frequencies, including 310.9 MHz, and can be readily tuned into restricted bands.
- Restricted Bands Affected: Section 15.205(a) restricted frequencies include 240-285 MHz, 322-335.4 MHz, and 399.9-410 MHz.
Procedural History and Hearing Waiver
On January 31, 2005, the Commission released an Order to Show Cause designating the matter for a hearing to evaluate whether the authorizations should be revoked. Tung Shih was directed to file a written notice of appearance within 30 days to exercise its hearing rights.
Although Tung Shih received the Order to Show Cause by registered mail and facsimile, it did not file a notice of appearance by the March 2, 2005 deadline and failed to appear at the March 17, 2005 prehearing conference. On March 23, 2005, the Presiding Administrative Law Judge issued a Memorandum Opinion and Order (FCC 05M-15) ruling that Tung Shih had waived its right to a hearing, terminating the proceeding, and certifying the case to the Commission for disposition under Section 1.92(c).
Pursuant to Sections 2.939(a)(2) and 2.939(a)(4), the Commission concluded that the devices failed to conform to technical rules and that the authorizations warranted revocation. The revocation takes effect on the 40th day following the release of the order unless Tung Shih submits a petition for reconsideration or application for review within 30 days.