**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) | EB Docket No. 05-30          |
|                                  |   |                              |
| Tung Shih Technology Co., Ltd.   | ) | EB-02-TS-606                 |
|                                  |   |                              |
| Grantee of Equipment             | ) |                              |
| Authorizations for               |   |                              |
|                                  | ) |                              |
| Learned Mode Remote Control      |   |                              |
| Transmitter Devices, FCC ID Nos. | ) |                              |
| MMORC0196M and MMORMC575         |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

######### ORDER TO SHOW CAUSE 

Adopted: January 26, 2005 Released: January 31, 2005

By the Chief, Enforcement Bureau:

**I. INTRODUCTION**

1.  In this Order to Show Cause, we commence a hearing proceeding
    pursuant to Section 2.939 of the Commission's Rules ("Rules"),[^1]
    to determine whether the equipment authorizations held by Tung Shih
    Technology Co., Ltd. ("Tung Shih") for learned mode remote control
    transmitter devices ("learned mode transmitters"), FCC ID Nos.
    MMORC0196M and MMORMC575, should be revoked. Devices manufactured by
    Tung Shih under those FCC ID numbers apparently have the capability
    to transmit on frequencies that are not authorized by their
    equipment certifications. In addition, these devices apparently have
    the capability to transmit on restricted frequencies specified in
    Section 15.205(a) of the Rules.[^2]

    **II. BACKGROUND**

2.  Learned mode or "trainable" transmitters are typically sold as
    universal replacements or duplicates for garage door openers,
    keyless entry systems, security alarms, remote switches and similar
    types of radio controlled devices. These transmitters are designed
    to recognize and replicate the operating frequency, duty cycle and
    coding scheme of the targeted radio system.[^3]

3.  As intentional radiators,[^4] learned mode transmitters must be
    certificated prior to marketing according to procedures specified in
    Part 2, subpart J of the Rules.[^5] On October 30, 1996, and October
    2, 2002, respectively, the FCC's Office of Engineering and
    Technology ("OET") granted Tung Shih equipment certifications, FCC
    ID Nos. MMORC0196M and MMORMC575, for learned mode transmitters. The
    certification granted under FCC ID No. MMORC0196M authorizes
    emissions only in the 286-320 MHz frequency band, and the
    certification granted under FCC ID No. MMORMC575 authorizes
    emissions only in the 313.95-314.95 MHz frequency band.
    Additionally, Section 15.205(a) of the Rules allows intentional
    radiators, such as learned mode transmitters, to transmit only
    spurious emissions[^6] in the restricted frequency bands, which
    include 240-285 MHz, 322-335.4 MHz and 399.9-410 MHz.

4.  After receiving complaints, the Enforcement Bureau ("EB") launched
    an investigation to determine whether learned mode transmitters
    manufactured by Tung Shih under FCC ID Nos. MMORC0196M and MMORMC575
    are capable of transmitting emissions that are not authorized by
    Tung Shih's equipment certifications and whether they are capable of
    transmitting non-spurious emissions in any of the restricted bands
    specified by Section 15.205(a) of the Rules. As part of the
    investigation, EB purchased a sample device, the Remocon LRT-1
    ("LRT-1"), manufactured by Tung Shih under FCC ID No. MMORC0196M.
    The OET Laboratory tested the LRT-1 and determined that it is
    capable of being tuned to and operated on a range of frequencies
    that are not authorized by its equipment authorization.
    Specifically, the OET Laboratory found that the LRT-1 was capable of
    acquiring and transmitting on a range of frequencies, including the
    frequency 437.004 MHz.[^7] Furthermore, the instructions for the
    LRT-1 included with the sample device indicated that it is designed
    to acquire and operate on all frequencies in the 255-500 MHz band,
    which includes frequencies that are within the restricted bands
    specified by Section 15.205(a) of the Rules, and the OET
    Laboratory's examination of the LRT-1 confirmed that the device can
    be readily tuned to restricted band frequencies. As part of the
    investigation, EB also ordered Tung Shih to provide a sample learned
    mode transmitter manufactured under FCC ID No. MMORMC575.[^8] Tung
    Shih provided a sample device ("RMC-535") manufactured by Tung Shih
    under that FCC ID number. The OET Laboratory tested the RMC-535 and
    determined that it is capable of being tuned to and operating on a
    range of frequencies that are not authorized by its equipment
    authorization. Specifically, the OET Laboratory found that the
    RMC-535 is capable of acquiring and transmitting on a range of
    frequencies, including the frequency 310.9 MHz.[^9] Additionally,
    the OET Laboratory's examination of the RMC-535 established that the
    device can be readily tuned to frequencies that are within the
    restricted bands specified by Section 15.205(a) of the Rules.

**III. DISCUSSION**

5.  Section 2.939(a)(2) of the Rules provides that the Commission may
    revoke any equipment authorization "if upon subsequent inspection or
    operation it is determined that the equipment does not conform to
    the pertinent technical requirements or to the representations made
    in the original application."[^10] Furthermore, Section 2.939(a)(4)
    of the Rules provides that the Commission may revoke any equipment
    authorization because of conditions coming to its attention "which
    would warrant it in refusing to grant an original application."[^11]
    The Commission is required to follow the same procedures in revoking
    an equipment authorization as it does in revoking a radio station
    license.[^12] Pursuant to Section 312(c) of the Communications Act
    of 1934, as amended, before revoking a radio station license, the
    Commission must serve the licensee with an order to show cause why
    revocation should not be issued and must provide the licensee with
    an opportunity for hearing.[^13]

6.  As noted above, Section 15.205(a) of the Rules allows learned mode
    transmitters to transmit only spurious emissions in the restricted
    frequency bands, including 240-285 MHz, 322-335.4 MHz and 399.9-410
    MHz. In addition, Tung Shih's equipment certification (FCC ID No.
    MMORC0196M) covering the LRT-1 authorizes operation only in the
    frequency band 286-320 MHz. In view of the instructions indicating
    that the LRT-1 can operate on any frequency in the band between 255
    and 500 MHz and the OET Laboratory's examination of the device,
    which confirmed that the device can be readily tuned to restricted
    band frequencies, it appears that the LRT-1 fails to conform to the
    technical requirements of Section 15.205(a) and the requirements of
    its equipment certification. The OET Laboratory's finding that the
    LRT-1 is capable of acquiring and transmitting on a range of
    frequencies outside the 286-310 MHz band specified by the equipment
    certification, including frequency 437.004 MHz, provides further
    evidence that the LRT-1 apparently does not conform to the
    requirements of its equipment certification.

7.  Similarly, in view of the OET Laboratory's observation that the
    RMC-535 can be readily tuned to frequencies that are within the
    restricted bands specified by Section 15.205(a) of the Rules, it
    appears that the RMC-535 does not conform either to the technical
    requirements of Section 15.205(a) or to the requirements of its
    equipment certification (FCC ID No. MMORMC575), which authorizes
    operation only in the frequency band 313.95-314.95 MHz. The OET
    Laboratory's finding that the RMC-535 is capable of acquiring and
    transmitting on a range of frequencies outside the 313.95-314.95 MHz
    band specified by the equipment certification, including 310.9 MHz,
    provides further evidence that the RMC-535 apparently does not
    conform to the technical requirements of its equipment
    certification.

8.  Furthermore, it appears, in view of the foregoing, that the
    Commission would be warranted in refusing to grant an original
    application for equipment authorization for the devices certified
    under FCC ID Nos. MMORC0196M and MMORMC575. We are, accordingly,
    designating this matter for hearing before an Administrative Law
    Judge to determine whether the equipment authorizations held by Tung
    Shih under FCC ID Nos. MMORC0196M and MMORMC575 should be revoked.

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IV. **ORDERING CLAUSES**

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9.  Accordingly, **IT IS ORDERED** that, pursuant to Section 2.939(b) of
    the Rules, Tung Shih is hereby **ORDERED TO SHOW CAUSE** why its
    equipment authorizations, FCC ID Nos. MMORMC575 and MMORC0196M,
    **SHOULD NOT BE REVOKED**. Tung Shih **SHALL APPEAR** before an
    Administrative Law Judge at a time and place to be specified in a
    subsequent order and give evidence upon the following issues:

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(a) To determine whether the LRT-1 learned mode transmitter manufactured
    by Tung Shih under FCC ID No. MMORC0196M conforms to the technical
    requirements specified by Section 15.205(a) of the Rules;

(b) To determine whether the LRT-1 learned mode transmitter manufactured
    by Tung Shih under FCC ID No. MMORC0196M conforms to the technical
    requirements specified by its equipment authorization;

(c) To determine, in light of the evidence adduced pursuant to
    issues (a) and (b), whether equipment authorization FCC ID No.
    MMORC0196M held by Tung Shih should be revoked;

(d) To determine whether the RMC-535 learned mode transmitter
    manufactured by Tung Shih under FCC ID No. MMORMC575 conforms to the
    technical requirements specified by Section 15.205(a) of the Rules;

(e) To determine whether the RMC-535 learned mode transmitter
    manufactured by Tung Shih under FCC ID No. MMORMC575 conforms to the
    technical requirements specified by its equipment authorization; and

(f) To determine, in light of the evidence adduced pursuant to
    issues (d) and (e), whether equipment authorization FCC ID No.
    MMORMC575 held by Tung Shih should be revoked.

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10. **IT IS FURTHER ORDERED** that, pursuant to 2.939(b) of the Rules,
    to avail itself of the opportunity to be heard and to present
    evidence at a hearing in this proceeding, Tung Shih, in person or by
    an attorney, **SHALL FILE** with the Commission, within thirty (30)
    days of the release of this Order to Show Cause, a written
    appearance stating that it will appear at the hearing and present
    evidence on the issues specified above. If Tung Shih fails to file a
    timely notice of appearance, its right to a hearing **SHALL BE
    DEEMED TO BE WAIVED**. In the event that Tung Shih waives its right
    to a hearing, the Chief Administrative Law Judge (or the presiding
    officer if one has been designated) **SHALL**, at the earliest
    practicable date, **ISSUE** an order reciting the events or
    circumstances constituting a waiver of hearing, terminating the
    hearing proceeding, and certifying the case to the Commission.

11. **IT IS FURTHER ORDERED** that, pursuant to Section 0.111(b) of the
    Rules,[^14] the Enforcement Bureau shall serve as trial staff in
    this proceeding.

12. **IT IS FURTHER ORDERED** that, the burden of proceeding with the
    introduction of evidence and the burden of proof with respect to the
    issues specified above shall be on the Enforcement Bureau.

13. **IT IS FURTHER ORDERED** that a copy of this Order to Show Cause
    shall be sent by International Registered Mail, Return Receipt
    Requested, and by Federal Express, to Tung Shih Technology Co.,
    Ltd., 7F-10, No. 130, Ssu Wei Road, Hsin Chu City, 300, Taiwan.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. § 2.939.

[^2]: 47 C.F.R. § 15.205(a).

[^3]: Public Notice, *FCC Clarifies Equipment Certification Procedures
    for "Learned Mode" or "Trainable" Transmitters*, DA 02-2850 (October
    28, 2002).

[^4]: Section 15.3 (o), of the Rules, 47 C.F.R. § 15.3(o), defines an
    intentional radiator as "A device that intentionally generates and
    emits radio frequency energy by radiation or induction."

[^5]: 47 C.F.R. Part 2, Subpart J

[^6]: 47 C.F.R. § 2.1 defines spurious emissions as "Emission on a
    frequency or frequencies which are outside the necessary bandwidth
    and the level of which may be reduced without affecting the
    corresponding transmission of information. Spurious emissions
    include harmonic emissions, parasitic emissions, intermodulation
    products and frequency conversion products, but exclude out-of-band
    emissions."

[^7]: The OET Laboratory determined that the LRT-1 was capable of being
    tuned to and operating on a range of frequencies, but for testing
    purposes, it specifically operated the device on frequency 437.004
    MHz.

[^8]: Letter of October 26, 2004, from Deputy Chief, Spectrum
    Enforcement Division, Enforcement Bureau, to Tung Shih.

[^9]: The OET Laboratory determined that the RMC-535 was capable of
    being tuned to and operating on a range of frequencies, but for
    testing purposes, it specifically operated the device on frequency
    310.9 MHz.

[^10]: 47 C.F.R. § 2.939(a)(2).

[^11]: 47 C.F.R. § 2.939(a)(4).

[^12]: 47 C.F.R. § 2.939(b).

[^13]: 47 U.S.C. § 312(c).

[^14]: 47 C.F.R. § 0.111(b).