FCC NOTICE OF APPARENT  $1,000,000 LIABILITY FOR FORFEITURE AND ORDER February 16, 2006  

Due to  egregious nature of Behringer’s continued noncompliance with FCC equipment authorization requirements

In this Notice of Apparent Liability for Forfeiture (“NAL”) and Order, we find that Behringer USA, Inc. (“Behringer”) marketed 50 models of unauthorized radio frequency devices specifically, digital audio music devices, in apparent willful and repeated 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 Significantly, we find that Behringer continued to import and market substantial numbers of these unauthorized devices for more than a year after the Enforcement Bureau initiated an inquiry into Behringer’s compliance with the Commission’s equipment authorization requirements. Based on the facts and circumstances before us, including the egregious nature of Behringer’s continued noncompliance, we conclude that Behringer is apparently liable for a forfeiture in the amount of one million dollars ($1,000,000).

...

Behringer acknowledged that its audio products are Class B digital devices subject to the Commission’s equipment verification and related requirements,16 including the applicable technical standards. Behringer also acknowledged that it had not verified compliance of any of the 66 models of its digital devices with the applicable FCC technical standards, prior to importing and marketing such devices in the United States. Rather, Behringer represented that “a range” of its digital devices had been tested and passed “CE” directives,19 and expressed its belief that those devices will also comply with the Commission’s technical standards given “the relationship between the applicable FCC and CE electromagnetic compatibility regulations and the results of Behringer’s CE tested products to date....

Accordingly, we propose an aggregate forfeiture of $1,000,000 for Behringer’s apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules ... Furthermore, we note that $1,000,000 proposed forfeiture amount is substantially lower than the straightforward application of the applicable maximum statutory forfeiture amount of $4,875,000.53 We believe, however, that the forfeiture proposed will sufficiently deter Behringer’s future violations of the Act and the Rules.

FCC Source

 

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