Post by jimhenry2000 on Dec 1, 2017 3:44:41 GMT
Recently I posted a query to another group I am on, dedicated to restoring antique radios, about the current SSTRAN situation. All those folks are familiar with SSTRAN and other Part 15 transmitters because they like to play period content over the air to their antique radios. I got one reply which I found very interesting. While it is totally unrelated to whatever is going on with SSTRAN, I still found it very interesting.
You might check into the FCC Actions of late.
hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1271A1.txt
Richard Mann d/b/a The Antique Radio Collector (?Antique Radio Collector?) for willful and repeated violations of Section 302(b) of the Communications Act of 1934, as amended (?Act?), and Section 2.803(a)(1) of the Commission?s Rules (?Rules?). The noted violations involve Antique Radio Collector?s marketing of uncertified AM radio transmitters.
background
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 Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801(a)(1) of the Rules defines a radio frequency device as ?any device which in its operation is capable of emitting radio frequency energy ....? Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ?any part or component thereof which in use emits radiofrequency energy.? Section 15.201(b) of the Rules requires intentional radiators to be certified by the Commission prior to marketing.
On November 15, 2006, the Spectrum Enforcement Division of the Enforcement Bureau issued a Letter of Inquiry (?LOI?) to Antique Radio Collector in response to a complaint alleging that Antique Radio Collector was marketing in the United States fully-assembled AM transmitters, specifically, the SSTRAN model AMT3000 AM transmitter. In its LOI Response dated November 25, 2006, Antique Radio Collector indicated that it was not aware of a certification authorizing a fully assembled AMT3000 transmitter. The LOI Response indicated that Richard Mann, owner of Antique Radio Collector, purchased the transmitters in kit form from a third party and assembled the transmitters in his residence. Antique Radio Collector advertised the assembled transmitters for sale online at www.oldtimeradio.com, and it has sold a number of completed units to end users since December 2003.
On March 15, 2007, the Enforcement Bureau?s Spectrum Enforcement Division (?Division?) released a Notice of Apparent Liability for Forfeiture (?NAL?) finding that Antique Radio Collector marketed uncertified AM radio transmitters in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. The NAL proposed a forfeiture in the amount of seven thousand dollars ($7,000) for the apparent violations.
In its April 7, 2007 response to the NAL, Antique Radio Collector seeks reduction or cancellation of the proposed forfeiture. Specifically, Antique Radio Collector argues that it ?does not possess or offer? fully-assembled AMT3000 transmitters but only offers a service, the assembly of AM transmitter kits made available by the manufacturer. Thus, asserts Antique Radio Collection, it neither violated the Act nor the Rules.
III. DISCUSSION
The forfeiture amount proposed in this case was assessed in accordance with Section 503(b) of the Act, Section 1.80 of the Rules, and the Commission?s Forfeiture Policy Statement. In assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.
7. We find no merit to the claim that Antique Radio Collector sold only an assembly service of a product manufactured by a third party. We note that Antique Radio Collector?s LOI Response included marketing material that stated ?we [Antique Radio Collector] have your AMT3000 shipped to us from the manufacturer (they do not offer pre-built transmitters), build and test it for you and then ship your AMT3000 ready for use.? Thus, in its LOI Response, Antique Radio Collector submitted evidence demonstrating that Antique Radio Collector assembled SSTRAN AMT3000 transmitters and advertised these devices in connection with the assembly service. While ?kits,? as defined in Section 15.3(p) of the Rules, are not generally subject to equipment authorization requirements, we have found that the sale and shipment of an unauthorized device assembled from a kit violates Section 302(b) of the Act and Section 2.803(a)(1) of the Rules, regardless of the identity of the kit manufacturer.
8. On the basis of the information before us, we conclude further that Antique Radio Collector willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Section 312(f)(1) of the Act, provides that ?the term ?willful,? when used with reference to the commission or omission of any act, means the conscious or deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission.? Section 312(f)(1) of the Act defines ?repeated? as ?the commission or omission of [any] act more than once or, if such commission or omission is continuous, for more than one day.? In its LOI Response, Antique Radio Collector admits to the marketing of 46 complete units to end users since December 2003. Because Antique Radio Collector failed to obtain an authorization for the assembled SSTRAN AMT3000 transmitters prior to the marketing of these fully assembled transmitters, we find that Antique Radio Collector willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.
9. We have considered Antique Radio Collector?s response to the NAL in light of the above statutory factors, our Rules, and the Forfeiture Policy Statement and conclude that it willfully and repeatedly violated the referenced sections of the Act and Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) is appropriate, and that Antique Radio Collector has not demonstrated that a reduction or cancellation of the proposed forfeiture is warranted.
IV. ordering Clauses
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Mann d/b/a The Antique Radio Collector IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.
11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act. Payment of the forfeiture must be made by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. A request for full payment under an installment plan should be sent to: Associate Managing Director ? Financial Operations, 445 12th Street, SW, Room 1A625, Washington, D.C. 20554.
12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Richard Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo, OH 43612.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
This poor fellow got nailed hard, a $7000 fine for assembling and selling 46 kits. I guess he should have known better. Also, obviously Phil at SSTRAN has no control with what people do with his kits, and since this LOI was 11 years ago it has nothing to do with SSTRAN's current situation.
So this brings this question to mind. If I sell my single assembled from kit AMT-5000 to someone else, am I in violation of the law?
Also as further testimony to Phil's character I'd like to post this response from another member, someone I know and respect.
"OK - Here is my understanding after working with Phil Bolyn for a number of years, and selling some dozens of his transmitters at Kutztown.
a) He was very focused on following all FCC regulations - and was very careful that his designs would not be amenable to being modified either for more power or other violations of Part 15 regulations.
b) He made it clear that under no conditions was I *ever* offer to assemble a transmitter for anyone, even for free, and even if elderly, handicapped or otherwise challenged. He valued his franchise far too much to take any sort of risks.
c) He told me stories of individuals who offered to 'partner' with him to assemble his transmitters - he rejected every offer.
d) Later in the game, he became suspicious of multiple purchasers - that is about when I lost touch with him.
And, yes, he did have health issues - and pretty much stopped responding to either phone calls or e-mails. Whether one is related to the other, I only suspect.
But, he is (was?) always a consummate professional when it came to following the rules. I must believe that whatever unfortunate series of events has become SSTRAN, it is due to conditions beyond his control.
"
Comments anyone?
You might check into the FCC Actions of late.
hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1271A1.txt
Richard Mann d/b/a The Antique Radio Collector (?Antique Radio Collector?) for willful and repeated violations of Section 302(b) of the Communications Act of 1934, as amended (?Act?), and Section 2.803(a)(1) of the Commission?s Rules (?Rules?). The noted violations involve Antique Radio Collector?s marketing of uncertified AM radio transmitters.
background
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 Rules prohibits the sale or lease, offer of sale or lease, importation, or shipment of radio frequency devices, as well as the distribution of such devices for the purpose of selling such devices, unless, in the case of a device subject to certification, the device has first been properly authorized, identified and labeled in accordance with the Rules. Section 2.801(a)(1) of the Rules defines a radio frequency device as ?any device which in its operation is capable of emitting radio frequency energy ....? Radio frequency devices subject to the Rules include, among other items, radio communication transmitting devices and ?any part or component thereof which in use emits radiofrequency energy.? Section 15.201(b) of the Rules requires intentional radiators to be certified by the Commission prior to marketing.
On November 15, 2006, the Spectrum Enforcement Division of the Enforcement Bureau issued a Letter of Inquiry (?LOI?) to Antique Radio Collector in response to a complaint alleging that Antique Radio Collector was marketing in the United States fully-assembled AM transmitters, specifically, the SSTRAN model AMT3000 AM transmitter. In its LOI Response dated November 25, 2006, Antique Radio Collector indicated that it was not aware of a certification authorizing a fully assembled AMT3000 transmitter. The LOI Response indicated that Richard Mann, owner of Antique Radio Collector, purchased the transmitters in kit form from a third party and assembled the transmitters in his residence. Antique Radio Collector advertised the assembled transmitters for sale online at www.oldtimeradio.com, and it has sold a number of completed units to end users since December 2003.
On March 15, 2007, the Enforcement Bureau?s Spectrum Enforcement Division (?Division?) released a Notice of Apparent Liability for Forfeiture (?NAL?) finding that Antique Radio Collector marketed uncertified AM radio transmitters in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. The NAL proposed a forfeiture in the amount of seven thousand dollars ($7,000) for the apparent violations.
In its April 7, 2007 response to the NAL, Antique Radio Collector seeks reduction or cancellation of the proposed forfeiture. Specifically, Antique Radio Collector argues that it ?does not possess or offer? fully-assembled AMT3000 transmitters but only offers a service, the assembly of AM transmitter kits made available by the manufacturer. Thus, asserts Antique Radio Collection, it neither violated the Act nor the Rules.
III. DISCUSSION
The forfeiture amount proposed in this case was assessed in accordance with Section 503(b) of the Act, Section 1.80 of the Rules, and the Commission?s Forfeiture Policy Statement. In assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.
7. We find no merit to the claim that Antique Radio Collector sold only an assembly service of a product manufactured by a third party. We note that Antique Radio Collector?s LOI Response included marketing material that stated ?we [Antique Radio Collector] have your AMT3000 shipped to us from the manufacturer (they do not offer pre-built transmitters), build and test it for you and then ship your AMT3000 ready for use.? Thus, in its LOI Response, Antique Radio Collector submitted evidence demonstrating that Antique Radio Collector assembled SSTRAN AMT3000 transmitters and advertised these devices in connection with the assembly service. While ?kits,? as defined in Section 15.3(p) of the Rules, are not generally subject to equipment authorization requirements, we have found that the sale and shipment of an unauthorized device assembled from a kit violates Section 302(b) of the Act and Section 2.803(a)(1) of the Rules, regardless of the identity of the kit manufacturer.
8. On the basis of the information before us, we conclude further that Antique Radio Collector willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Section 312(f)(1) of the Act, provides that ?the term ?willful,? when used with reference to the commission or omission of any act, means the conscious or deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission.? Section 312(f)(1) of the Act defines ?repeated? as ?the commission or omission of [any] act more than once or, if such commission or omission is continuous, for more than one day.? In its LOI Response, Antique Radio Collector admits to the marketing of 46 complete units to end users since December 2003. Because Antique Radio Collector failed to obtain an authorization for the assembled SSTRAN AMT3000 transmitters prior to the marketing of these fully assembled transmitters, we find that Antique Radio Collector willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.
9. We have considered Antique Radio Collector?s response to the NAL in light of the above statutory factors, our Rules, and the Forfeiture Policy Statement and conclude that it willfully and repeatedly violated the referenced sections of the Act and Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) is appropriate, and that Antique Radio Collector has not demonstrated that a reduction or cancellation of the proposed forfeiture is warranted.
IV. ordering Clauses
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Mann d/b/a The Antique Radio Collector IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.
11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act. Payment of the forfeiture must be made by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. A request for full payment under an installment plan should be sent to: Associate Managing Director ? Financial Operations, 445 12th Street, SW, Room 1A625, Washington, D.C. 20554.
12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Richard Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo, OH 43612.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
This poor fellow got nailed hard, a $7000 fine for assembling and selling 46 kits. I guess he should have known better. Also, obviously Phil at SSTRAN has no control with what people do with his kits, and since this LOI was 11 years ago it has nothing to do with SSTRAN's current situation.
So this brings this question to mind. If I sell my single assembled from kit AMT-5000 to someone else, am I in violation of the law?
Also as further testimony to Phil's character I'd like to post this response from another member, someone I know and respect.
"OK - Here is my understanding after working with Phil Bolyn for a number of years, and selling some dozens of his transmitters at Kutztown.
a) He was very focused on following all FCC regulations - and was very careful that his designs would not be amenable to being modified either for more power or other violations of Part 15 regulations.
b) He made it clear that under no conditions was I *ever* offer to assemble a transmitter for anyone, even for free, and even if elderly, handicapped or otherwise challenged. He valued his franchise far too much to take any sort of risks.
c) He told me stories of individuals who offered to 'partner' with him to assemble his transmitters - he rejected every offer.
d) Later in the game, he became suspicious of multiple purchasers - that is about when I lost touch with him.
And, yes, he did have health issues - and pretty much stopped responding to either phone calls or e-mails. Whether one is related to the other, I only suspect.
But, he is (was?) always a consummate professional when it came to following the rules. I must believe that whatever unfortunate series of events has become SSTRAN, it is due to conditions beyond his control.
"
Comments anyone?
