Investigation and Consent Decree Overview
On April 20, 2007, the Federal Communications Commission's Enforcement Bureau adopted an Order and Consent Decree terminating an investigation into Trimble Navigation, Limited (TNL). The inquiry examined whether the company complied with Section 302(b) of the Communications Act of 1934, as amended, and Section 2.803 of the Commission's Rules governing the manufacture, importation, marketing, and sale of unlicensed wireless devices.
The proceeding, designated File No. EB-07-SE-068 and NAL/Acct. No. 200732100027, centered on an unlicensed wireless communications device certified under FCC ID JUP-7112-900IP.
Background of Technical Exceedance
Trimble Navigation received equipment certification for the device under FCC ID JUP-7112-900IP in 1999. In 2005, as part of a design upgrade, the company modified the unit's power circuitry, categorizing the change at the time as a Class I Permissive Change pursuant to Section 2.1043 of the Commission's Rules.
In October 2006, during additional testing, Trimble discovered that the 2005 circuitry modification caused the radiofrequency (RF) conducted power to exceed peak power limits by approximately 1.4 dB. Upon discovering the discrepancy, Trimble ceased production of the affected devices, corrected the radio design to achieve full compliance, and voluntarily notified the FCC via counsel on December 8, 2006.
Settlement Terms and Compliance Measures
Under the terms of the Consent Decree, TNL agreed to maintain and update its internal Regulatory Compliance Plan (RCP) to govern operations for a term of 24 months from the Effective Date.
Key terms established under the agreement include the following requirements:
- Implementation of enhanced FCC Compliance Procedures covering equipment authorization, labeling, and user manual statements for unlicensed wireless devices.
- Designation of a Regulatory Compliance Engineer to administer the compliance plan, supervise adherence to FCC rules, and serve as the company contact point for Commission matters.
- Annual review and monitoring of the Regulatory Compliance Plan to ensure its continued effectiveness.
- Commitment that all unlicensed wireless devices manufactured, imported, marketed, or sold on or after the Effective Date comply with technical, labeling, and manual statement rules.
- Payment of a voluntary contribution of $4,000 to the United States Treasury within 30 calendar days.