**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-------------------------------------+---+-----------------------------+
| In the Matter of                    | ) | File No. EB-04-SE-252       |
|                                     |   |                             |
| **TeleRadio AB**                    | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
+-------------------------------------+---+-----------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: July 18, 2005 Released: July 20, 2005**

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

**I. INTRODUCTION**

1.  In this *Memorandum Opinion and Order*, we admonish TeleRadio AB
    ("TeleRadio") for importing and marketing in the United States
    non-compliant radiofrequency devices in violation of Section 302(b)
    of the Communications Act of 1934, as amended ("Act"),[^1] and
    Sections 2.803(a) and 15.231(a) of the Commission's Rules
    ("Rules").[^2]

**II. BACKGROUND**

2.  In 2004, the FCC's Office of Engineering and Technology ("OET")
    Laboratory requested four TeleRadio remote control transmitters,
    designed for the remote control of cranes and hoists in industrial
    use, for compliance testing as part of its post-grant sampling
    program. On June 21, 2004, the OET Lab tested the transmitters and
    found that one of the devices, the Type ONF860-TX transmitter,[^3]
    did not comply with the periodic operation limit set forth in
    Section 15.231(a) of the Rules, which requires a manually operated
    transmitter to employ a switch that will automatically cease
    transmission within five seconds. The OET Lab determined that the
    Type ONF860-TX transmitter failed to cease transmitting within the
    five second limit, and continued transmitting for approximately 118
    seconds after release of the activation button.[^4]

3.  On August 27, 2004, the Spectrum Enforcement Division of the
    Enforcement Bureau issued a letter of inquiry ("LOI") to TeleRadio,
    seeking information and documents concerning compliance of the Type
    ONF860-TX transmitter with the periodic operation limits set forth
    in Section 15.231(a) of the Rules.[^5] In its response, dated
    September 6, 2004, TeleRadio stated that it began importing and
    marketing the Type ONF860-TX transmitter in the United States on
    August 1, 2003 and that it had sold 22 units of the device to date.
    TeleRadio stated that it had discontinued importation of the device
    on February 1, 2004. TeleRadio asserted that it believed that it was
    in compliance with Section 15.231 and provided a copy of the test
    report submitted with its equipment certification application in
    support of this assertion.

4.  On November 4, 2004, the Spectrum Enforcement Division issued a
    follow-up LOI to TeleRadio.[^6] In its response, dated November 15,
    2004, TeleRadio asserted that the device turned off within five
    seconds of pressing the "stop button," which TeleRadio believed
    complied with requirements of Section 15.231.[^7]

**III. DISCUSSION**

5.  Section 302(b) of the Act provides that "\[n\]o person shall
    manufacture, import, sell, offer for sale, or ship devices or home
    electronic equipment and systems, or use devices, which fail to
    comply with regulations promulgated pursuant to this section."
    Section 2.803(a)(2) of the Commission's implementing regulations
    provides that:

> Except as provided elsewhere in this section, no person shall sell or
> lease, or offer for sale or lease (including *advertising* for sale or
> lease), or import, ship, distribute for the purpose of selling or
> leasing or offering for sale or lease, any radio frequency device
> unless ... \[i\]n the case of a device subject to certification, such
> device has been identified and labeled as required by § 2.925 and
> other relevant sections in this chapter.

Section 15.231 of the Rules establishes periodic operation limits for
radiofrequency devices, such as TeleRadio's Type ONF860-TX transmitter,
which operate "in the band 40.66-40.70 MHz and above 70 MHz." Section
15.231(a)(1) of the Rules specifically requires that a manually operated
transmitter employ a switch that "will automatically deactivate the
transmitter within not more than 5 seconds of being released."

6.  TeleRadio imported and marketed the Type ONF860-TX remote control
    transmitters in the United States between August 1, 2003 and
    February 1, 2004, and sold 22 units during this period. The OET
    Laboratory's tests showed that the device failed to cease
    transmitting within the five second limit, and in fact continued
    transmitting for approximately 118 seconds after release of the
    activation button. While TeleRadio asserted that the device turned
    off within five seconds of pressing the "stop button," a device that
    requires actively pressing a stop button to cease transmitting does
    not comply with the five second limit of Section 15.231(a).
    Accordingly, we conclude that TeleRadio imported and marketed
    non-compliant radiofrequency devices in violation of Section 302(b)
    of the Act and Sections 2.803(a) and 15.231(a) of the Rules.

7.  Although we believe that a monetary forfeiture would be warranted
    for this violation, we note that TeleRadio has not imported or
    marketed the Type ONF860-TX transmitter in the United States since
    February 1, 2004. The statute of limitations for issuing a Notice of
    Apparent Liability in this case is one year from the date of
    violation.[^8] Accordingly, based upon our review of the facts and
    circumstances in this case, and because we are barred by the
    one-year statute of limitations from issuing a Notice of Apparent
    Liability, we admonish TeleRadio for importing and marketing
    non-compliant equipment in violation of Section 302(b) of the Act
    and Sections 2.803(a) and 15.231(a) of the Rules.

**IV. ORDERING CLAUSES**

8.  Accordingly, **IT IS ORDERED** that TeleRadio AB **IS ADMONISHED**
    for importing and marketing non-compliant radiofrequency devices in
    violation of Section 302(b) of the Act and Sections 2.803(a) and
    15.231(a) of the Rules.

9.  **IT IS FURTHER ORDERED** that copies of this *Memorandum Opinion
    and Order* shall be sent by Certified Mail, Return Receipt
    Requested, to TeleRadio AB, Datavagan 21, S-436 32 Askim (Goteberg),
    Sweden.

FEDERAL COMMUNICATIONS COMMISION

> Joseph P. Casey
>
> Chief, Spectrum Enforcement Division
>
> Enforcement Bureau

[^1]: 47 U.S.C. § 302a(b).

[^2]: 47 C.F.R. §§ 2.803(a).

[^3]: On July 18, 2003, TeleRadio was issued a grant of certification
    for the Type ONF860-TX transmitter under FCC Identification Number
    ONF860-TX.

[^4]: The OET Lab found the other three transmitters in compliance with
    the rules.

[^5]: *See* Letter from Joseph P. Casey, Chief, Spectrum Enforcement
    Division, Enforcement Bureau, Federal Communications Commission, to
    Douglas K. Lansbery, Technical Service Manager, TeleRadio Company
    LLC (August 27, 2004). The LOI was addressed to TeleRadio Company
    LLC, TeleRadio AB's U.S. affiliate, which was marketing the device
    in the United States. In its response to the LOI, TeleRadio AB
    stated that TeleRadio Company LLC was a "dormant" corporation.

[^6]: *See* Letter from Kathryn S. Berthot, Deputy Chief, Spectrum
    Enforcement Division, Enforcement Bureau, Federal Communications
    Commission, to Martin Osterman, Product Manager, TeleRadio AB
    (November 4, 2004).

[^7]: *See* Letter from Martin Osterman, Product Manager, TeleRadio AB,
    to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau,
    Federal Communications Commission (November 15, 2004).

[^8]: *See* 47 U.S.C. § 503(b)(6); 47 C.F.R. § 1.80(c)(3).