**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                   | ) | File No. EB-06-SE-372        |
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| Multispectral Solutions, Inc.      | ) |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: December 12, 2006 Released: December 14, 2006**

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

**I. INTRODUCTION**

1.  In this Memorandum Opinion and Order, we admonish Multispectral
    Solutions, Inc. ("MSSI") for marketing in the United States
    unauthorized radio frequency devices in violation of Section 302(b)
    of the Communications Act of 1934, as amended ("Act"),[^1] and
    Section 2.803(a) of the Commission's Rules ("Rules").[^2]

    **II. BACKGROUND**

2.  MSSI manufactures and markets an ultra-wideband ("UWB") precision
    asset localization system that utilizes an UWB receiver and
    processor hub. The receiver and processor hub are classified as
    Class A digital devices and are required to be verified under
    Section 15.101(a) of the Rules.[^3]

3.  On October 31, 2006, in response to a complaint alleging that the
    UWB receiver and processor hub in MSSI's precision asset
    localization system had not been verified in accordance with the
    FCC's rules, the Spectrum Enforcement Division of the Enforcement
    Bureau issued a letter of inquiry ("LOI") to MSSI.[^4] In its
    response to the LOI, dated November 22, 2006, MSSI stated that it
    began marketing its precision asset localization system in the
    United States in 2003.[^5] MSSI acknowledged that the system was
    marketed prior to verification of the UWB receivers and processor
    hubs utilized in the system.[^6] MSSI asserted that it was not aware
    that the UWB receivers and processor hubs associated with its system
    were required to be verified. MSSI stated that it became aware of
    the verification requirement and proceeded to comply fully with all
    FCC regulations in June 2005. Finally, MSSI asserted that all
    precision asset localization systems marketed after October 2005 are
    fully FCC compliant.[^7]

**III. DISCUSSION**

4.  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 that is not
    required to have a grant of equipment authorization issued by the
    Commission, but which must comply with the specified technical
    standards prior to use, such device also complies with all
    applicable administrative (including verification of the equipment
    or authorization under a Declaration of Conformity, where required),
    technical, labelling and identification requirements specified in
    this chapter.

    Pursuant to Section 15.101(a) of the Rules, Class A digital devices,
    such as MSSI's UWB receivers and processor hubs, must be verified
    prior to marketing in the United States.

5.  MSSI marketed its precision asset location system in the United
    States between 2003 and 2005. MSSI admits that the system was
    marketed prior to the completion of verification procedures for the
    UWB receiver and processor hub. Accordingly, we conclude that MSSI
    marketed unauthorized radio frequency devices in violation of
    Section 302(b) of the Act and Section 2.803(a) of the Rules.

6.  Although we believe that a monetary forfeiture would be warranted
    for this violation, we note that MSSI has not marketed the system in
    the United States since October 2005. 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 MSSI for marketing unauthorized
    equipment in violation of Section 302(b) of the Act and Section
    2.803(a) of the Rules.

    **IV. ORDERING CLAUSES**

6\. Accordingly, **IT IS ORDERED** that Multispectral Solutions, Inc.
**IS ADMONISHED** for marketing unauthorized radio frequency devices in
violation of Section 302(b) of the Act and Section 2.803(a) of the
Rules.

7\. **IT IS FURTHER ORDERED** that copies of this *Memorandum Opinion
and Order* shall be sent by Certified Mail, Return Receipt Requested, to
the attention of Dr. Robert J. Fontana, President, Multispectral
Solutions, Inc., 20300 Century Blvd, Germantown, MD 20874.

FEDERAL COMMUNICATIONS COMMISION

Kathryn S. Berthot

Chief, Spectrum Enforcement Division

Enforcement Bureau

[^1]: 47 U.S.C. § 302a(b).

[^2]: 47 C.F.R. § 2.803(a).

[^3]: 47 C.F.R. §§ 15.101(a).

[^4]: *See* Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
    Division, Enforcement Bureau, Federal Communications Commission, to
    Dr. Robert J. Fontana, President, Multispectral Solutions, Inc.
    (October 31, 2006).

[^5]: *See* Letter from Dr. Robert J. Fontana, President, Multispectral
    Solutions, Inc. to the Federal Communications Commission, Spectrum
    Enforcement Division, Enforcement Bureau (November 22, 2006), at 1.

[^6]: *Id.* at 4. MSSI indicated, however, that the radio frequency
    identification tags utilized in the system, which are intentional
    radiators subject to the equipment certification requirements, were
    certified prior to marketing of the system. *Id.* at 2.

[^7]: *Id*. at 1.

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