Thread: Mandatory ELT
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Old March 8th 05, 03:01 PM
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T o d d P a t t i s t wrote:
wrote:

Don't buy either of these units (or buy at your own risk): the
manufacturer was fined $75K by the FCC for advertising unapproved
product as "FCC approved". Decree dated Nov 2004.


What units?


I will try this post again.

The legal notice is available at:

hraunfoss.fcc.gov/edocs_public/ attachmatch/FCC-04-259A1.pdf

Here is an excerpt:

I=2E INTRODUCTION
1=2EIn this Notice of Apparent Liability for Forfeiture ("NAL"), we
find ACR Electronics, Inc. ("ACR") apparently liable for a
forfeiture in the amount of seventy five thousand dollars ($75,000) for
marketing unauthorized equipment in willful and repeated violation of
Section 302(b) of the Communications Act of 1934 as amended
("Act"),1and Section 2.803(a) of the Commission's Rules
("Rules").2II.
BACKGROUND 2.
In February 2004, the Enforcement Bureau ("Bureau") received a
complaint alleging that ACR was marketing through outdoor and sporting
publications and websites a new personal location beacon ("PLB"),
406 GPS PLB-200 ("PLB-200"), under the names "TerraFix" for
land use, "AquaFix" for marine use, and "AeroFix" for aviation
use, which had not been authorized by the Commission. In support, the
complainant provided evidence that the PLB-200 was explicitly being
described as "FCC approved," and marketed to consumers.
Specifically, the complainant submitted a TerraFix brochure, which
stated that the PLB-200 was "APPROVED for sale in the U.S," and
further provided evidence that at least one retailer was accepting
orders for the PLB-200. In the latter regard, the complainant submitted
an e-mail order confirmation, dated February 25, 2004, from Boat U.S.
for the purchase of one "AquaFix 406 GPS I/O Plb," "Item
5321153," priced at "$749.99."33.In response to the complaint,
the Bureau issued a letter of inquiry ("LOI") to ACR on March 29,
2004.4ACR filed a response to the LOI on April 28, 2004,5and
supplemented its response on 147 U.S.C. =A7 302a(b). 247 C.F.R. =A7
2=2E803(a). 3Under "Status," the submitted confirmation order noted
"051504," which appears to represent the delivery date. 4See Letter
from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission to Paul Frank, President, ACR
Electronics, Inc. (March 29, 2004).