![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} July 21, 2008

**[VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED]{.underline}**

Vladimir Reznik, Owner

RangeVideo

> Re: File No. EB-08-SE-182

Dear Mr. Reznik:

This is an official **CITATION**, issued pursuant to Section 503(b)(5)
of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. §
503(b)(5), for marketing unauthorized radio frequency devices in the
United States in violation of Section 302(b) of the Act, 47 U.S.C. §
302a(b), and Sections 2.803 and 15.205(a) of the Commission's Rules
("Rules"), 47 C.F.R. § 2.803 and 15.205(a), and importing radio
frequency devices without filing FCC Form 740 (or the electronic
equivalent) with the United States Customs and Border Patrol, in
violation of Section 1.1203 of the Rules, 47 C.F.R. § 1.1203. As
explained below, future violations of the Commission's Rules in this
regard may subject your company to monetary forfeitures.

By letter of inquiry ("LOI") dated June 2, 2008, the Spectrum
Enforcement Division of the Commission's Enforcement Bureau initiated an
investigation into whether RangeVideo is marketing in the United States
unauthorized radio frequency devices, specifically, wireless video
transmitters. At the time of that letter, we observed on your website,
www.rangevideo.com, your marketing of the following radio frequency
devices:

1.  900MHz 100mW audio/video transmitter

2.  900MHz 500mW audio/video transmitter

3.  1.3GHz 300mW audio/video transmitter

4.  2.4GHz 200mW audio/video transmitter

5.  2.4GHz 500mW audio/video transmitter

6.  2.4GHz 1000mW audio/video transmitter

7.  2.4GHz 1000mW cased audio/video transmitter.

In your response to the LOI dated June 30, 2008, you state that you do
not manufacture these transmitter devices. You admit that you first
imported the devices on August 2, 2006, that you continue to import the
devices, that you have imported 2,613 units of the devices, and that you
first sold these devices on August 22, 2006. You also admit that,
although you import the devices, you have not filed FCC Form 740 with
the United States Customs and Border Patrol. In addition, while you
claim to "sell mostly to other countries," you acknowledge that you have
sold 1,673 units to United States purchasers.[^1]

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)(1) of the Commission's implementing regulations provides that:

no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship, or 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 authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled as required by § 2.925 and other relevant sections in this
chapter.

Additionally, Section 2.803(a)(1) of the Rules provides that:

\(a\) 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, or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency device
unless: (1) \[i\]n the case of a device subject to certification, such
device has been authorized by the Commission in accordance with the
rules in this chapter and is properly identified and labeled as required
by § 2.925 and other relevant sections in this chapter\[.\]

Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. § 15.201(b),
intentional radiators[^2] must be authorized in accordance with the
Commission's certification procedures prior to the initiation of
marketing[^3] in the United States. It does not, however, appear that
the seven transmitters listed above and marketed on your website have
received a grant of authorization and, in any event, these transmitters
would not be capable of receiving such a grant. In this regard, the
marketing materials you provided with your LOI response indicate that
these A/V transmitters are capable of operation on restricted
frequencies listed in Section 15.205(a) of the Commission's Rules.[^4]
Specifically, the 900 MHz devices are capable of operation on 980 MHz,
1010 MHz and 1040 MHz; the 1.3 GHz device are capable of operating on
1240 MHz, 1320 MHz and 1360 MHz;[^5] and the 2.4 GHz devices are capable
of operating on 2490 MHz. Thus, these transmitter devices cannot comply
with the FCC's technical standards and therefore cannot be certified or
marketed.

We note that in your response to the LOI, you state that before you ship
a transmitter device, you switch it to operate only in the Amateur Radio
Service ("ARS") bands. While radio transmitting equipment that transmits
solely on ARS frequencies is not subject to the equipment authorization
requirement prior to manufacture or marketing, it appears that the seven
transmitter devices marketed on your website are equipped with external
toggle switches on the unit, which if engaged would allow operation of
the device on the restricted frequencies noted above. On May 13, 1996,
the Commission's Office of Engineering and Technology released a Public
Notice "to clarify the Commission's Rules regarding equipment that is
intended to operate in various radio services in the high frequency
radio spectrum, including '10-Meter' Amateur Radio Service
equipment."[^6] The *Notice* stated that transmitters intended for
operation on non-amateur frequencies must be approved prior to
manufacture, importation or marketing. The *Notice* specifically
included ARS transceivers designed "such that they can easily be
modified by the users to extend the operating frequency range into the
frequency bands" of other non-amateur radio services among those devices
subject to equipment authorization procedures. The *Notice* also stated
that the Commission considers these transceivers as intended to be
operated on frequencies where the use of type accepted equipment is
required "because of the simplicity of modifying them to extend their
operating frequency range."[^7] Therefore, the transmitter devices
listed on your website require a grant of equipment certification prior
to the initiation of marketing in the United States, but, as noted
above, cannot be certified because they operate on restricted
frequencies.

Accordingly, it appears that RangeVideo has violated Section 302(b) of
the Act and Sections 2.803 and 2.805of the Rules by marketing in the
Unites States the seven A/V transmitters listed above.

Lastly, your response to the LOI indicates that you import the
above-listed devices without filing FCC Form 740 with U.S. Customs
declaring an import condition.[^8] Section 2.1203(a) of the Rules
provides that "\[n\]o radio frequency device may be imported into the
Customs territory of the United States unless the importer or ultimate
consignee, or their designated customs broker, declares that the device
meets one of the conditions for entry set out in this section."
Accordingly, it appears that RangeVideo has violated Section 2.1203 of
the Rules by importing radio frequency devices without filing FCC Form
740 (or the electronic equivalent) declaring an import condition.

**[If, after receipt of this citation, you violate the Communications
Act or the Commission's Rules in any manner described herein, the
Commission may impose monetary forfeitures not to exceed \$11,000 for
each such violation or each day of a continuing
violation.]{.underline}** [^9]

You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement.
Your response should specify the actions that you are taking to ensure
that you do not violate the Commission's Rules governing the marketing
of radio frequency equipment in the future.

The nearest Commission field office appears to be the Atlanta District
Office, in Atlanta, Georgia. Please call Nissa Laughner at 202-418-1358
if you wish to schedule a personal interview. You should schedule any
interview to take place within 30 days of the date of this letter. You
should send any written statement within 30 days of the date of this
letter to:

> Kathryn Berthot

Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

445-12^th^ Street, S.W., Rm. 3-C366

Washington, D.C. 20554

Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material
information before it, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications Act
and the Commission's Rules.

The knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this citation is
punishable by fine or imprisonment under 18 U.S.C. § 1001.

Thank you in advance for your anticipated cooperation.

Sincerely,

Kathryn Berthot

> Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

[^1]: Your response included as an attachment a grant of equipment
    certification for only one device, a 2.4 GHz 10 mW A/V transmitter,
    issued under FCC ID No. QV8TD2400. This transmitter, however, is not
    a subject of this Citation.

[^2]: Section 15.3(o) of the Rules defines an "intentional radiator" as
    a "device that intentionally generates and emits radio frequency
    energy by radiation or induction." 47 C.F.R. § 15.3(o).

[^3]: Section 2.803(e)(4) of the Rules defines "marketing" as the "sale
    or lease, or offering to sale or lease, including advertising for
    sale or lease, or importation, shipment or distribution for the
    purpose of selling or leasing or offering for sale or lease." 47
    C.F.R. § 2.803(e)(4).

[^4]: Section 15.205(a) allows intentional radiators to transmit only
    spurious emissions in the restricted frequency bands. 47 C.F.R. §
    2.1 defines spurious emissions as "\[e\]missions 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."

[^5]: Your response indicates that the 1.3 GHz device is shipped with a
    default setup of 1240 MHz. This frequency is, however, a restricted
    frequency under Section 15.205(a) of the Rules.

[^6]: *Extended Coverage High Frequency Transceivers*, Public Notice
    62882, 1996 WL 242469, available at
    \<\<http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1996/pnet6023.txt\>\>
    (OET, rel. May 13, 1996) ("*Notice*").

[^7]: *Id*.

[^8]: *See* 47 C.F.R. § 2.1205. Under Section 2.1205, the required
    declaration may be filed electronically. In addition, the specific
    import conditions are set forth in Section 2.1204 of the Rules, 47
    C.F.R. § 2.1204.

[^9]: *See* 47 C.F.R. § 1.80(b)(3).