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   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   )

   Communications Specialists, Inc. ) File No. EB-06-SE-349

   Orange, CA ) NAL/Acct. No. 200732100005

   ) FRN 0001520170

   )

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  November 20, 2006 Released: November 22, 2006

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Communications Specialists, Inc. ("CSI") apparently liable for a
       forfeiture in the amount of seven thousand dollars ($7,000) for
       apparent willful and repeated violation 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 apparent
       violations involve CSI's marketing of radio frequency devices in the
       United States that do not comply with the radiated emission limits set
       forth in Section 15.209 of the Rules and the periodic operation limits
       set forth in Section 15.231 of the Rules.

   II. BACKGROUND

    2. CSI manufactures and markets the PT-1 "Petlocator" transmitter, which
       is used to track pets, children and model airplanes. Transmitters and
       other intentional radiators and are required by Section 15.201 of the
       Rules to be approved prior to marketing through the equipment
       certification procedures described in Sections 2.1031 - 2.1060 of the
       Rules. CSI holds an equipment certification for the PT-1 under FCC
       Identifier CFXPT-1.

    3. The Commission's Office of Engineering and Technology Laboratory ("OET
       Lab") requested a sample of the PT-1 from CSI pursuant to Section
       2.945 of the Rules and tested the sample for compliance with the
       Rules. The OET Lab found that the PT-1 substantially exceeds the
       radiated emissions limits for intentional radiators specified in
       Section 15.209 of the Rules. In addition, the OET Lab determined that
       the PT-1 transmits continuously and therefore does not comply with the
       periodic operation limits set forth in Section 15.231 of the Rules.
       The OET Lab subsequently referred the matter to the Enforcement Bureau
       for investigation.

    4. On September 29, 2006, the Spectrum Enforcement Division ("Division")
       of the Enforcement Bureau observed that CSI was offering the PT-1 for
       sale on its website, www.com-spec.com. The Division sent CSI a letter
       of inquiry ("LOI") on October 3, 2006. In its October 10, 2006,
       response, CSI states that it has manufactured and sold the PT-1 in the
       United States from June 2004 to the present. CSI claims that it did
       not modify the PT-1 after certification. CSI, however, does not
       dispute the OET Lab's findings that the PT-1 is not in compliance with
       Sections 15.209 and 15.231 of the Rules. The Division's internet
       research on November 1, 2006, indicates that CSI is continuing to
       offer the PT-1 for sale on its website.

   III. DISCUSSION

   A. Illegal Marketing of Transmitters

    5. 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 provides that:

   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
   ... [i]n the case of a device that is 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 S
   2.925 and other relevant sections in this chapter.

   Section 15.209 of the Rules specifies the radiated emissions limits
   applicable to intentional radiators. Section 15.231 of the Rules
   establishes periodic operation limits for radio frequency devices which
   operate in the band 40.66 - 40.70 MHz and above 70 MHz.

    6. Furthermore, in accepting the grant of an equipment authorization, CSI
       warranted that:

   each unit of equipment marketed under such grant and bearing the
   identification specified in the grant will conform to the unit that was
   measured and that the data (design and rated operational characteristics)
   filed with the application for certification continues to be
   representative of the equipment being produced under such grant within the
   variation that can be expected due to quantity production and testing on a
   statistical basis.

    7. CSI admits that it manufactured and marketed the PT-1 from June 2004
       to the present. The OET Laboratory's tests demonstrate that PT-1 is
       not compliant with the radiated emission limits set forth in Section
       15.209 of the Rules and the periodic operation limits set forth in
       Section 15.231. We find, based on a preponderance of the evidence,
       that CSI apparently willfully and repeatedly  violated Section 302(b)
       of the Act and Section 2.803(a)(1) Rules by marketing equipment that
       does not comply with Sections 15.209 and 15.231 of the Rules.

   B. Proposed Forfeiture

    8. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture for each willful or repeated violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act. In
       exercising such authority, we are required to 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."

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines
       ("Forfeiture Policy Statement") and Section 1.80 of the Rules, the
       base forfeiture amount for the marketing of unauthorized or
       non-compliant equipment is $7,000. Section 503(b)(2)(C) of the Act
       authorizes the Commission to assess a maximum forfeiture of $11,000
       for each violation, or each day of a continuing violation, up to a
       statutory maximum forfeiture of $97,500 for any single continuing
       violation. We have no information that warrants any downward or upward
       adjustment of the base forfeiture amount. Accordingly, applying the
       Forfeiture Policy Statement and statutory factors to the instant case,
       we conclude that CSI is apparently liable for a $7,000 forfeiture.

   10. Finally, CSI is apparently continuing to offer the PT-1 for sale on
       its website. Accordingly, we direct CSI, pursuant to Section 403 of
       the Act, to submit a report within 30 days of the date of this NAL
       describing the steps it has taken to come into compliance with the Act
       and the Rules.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section
       503(b) of the Act and Section 1.80 of the Rules, Communications
       Specialists, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of seven thousand dollars ($7,000) for
       willfully and repeatedly violating Section 302(b) of the Act and
       Section 2.803(a)(1) of the Rules.

   12.  IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act,
       Communications Specialists, Inc., SHALL SUBMIT the report described in
       paragraph 10 within thirty days of the release date of this Notice of
       Apparent Liability for Forfeiture to: Federal Communications
       Commission, Enforcement Bureau, Spectrum Enforcement Division, 445
       12^th Street, S.W., Washington, D.C. 20054.

   13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Communications Specialists, Inc., SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. Payment of the forfeiture must be made 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. Requests for
       payment of the full amount of the NAL under an installment plan should
       be sent to: Associate Managing Director - Financial Operations, 445
       12^th Street, S.W., Room 1-A625, Washington, D.C. 20554.

   15. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   16. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   17.  IT IS FURTHER ORDERED that a copy of this Notice of Apparent
       Liability for Forfeiture shall be sent by first class mail and
       certified mail return receipt requested to Communications Specialists,
       Inc., 426 West Taft Avenue, Orange, CA 92865-4296.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S 302a(b).

   47 C.F.R. S 2.803(a)(1).

   47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in
   it its operation is capable of emitting radiofrequency energy by
   radiation, conduction, or other means."

   47 C.F.R. S 15.209.

   47 C.F.R. S 15.231.

   An intentional radiator is "[a] device that intentionally generates and
   emits radio frequency energy by radiation or induction." 47 C.F.R. S 15.3
   (o).

   47 C.F.R. S 15.201.

   A certification is an equipment authorization issued by the Commission,
   based on representations and test data submitted by the applicant. See 47
   C.F.R. S 2.907(a).

   47 C.F.R. SS 2.1031 - 2.1060

   47 C.F.R. S 2.945

   Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau, to Communications Specialists, Inc. (October
   3, 2006).

   Letter from Albert Spencer, President, Communications Specialists, Inc.,
   to Thomas D. Fitz-Gibbon, Spectrum Enforcement Division, Enforcement
   Bureau (October 10, 2006).

   The PT-1 transmits in the 216-235 MHz frequency band.

   See 47 C.F.R. S 2.931.

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term `willful,' ... means the conscious and
   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 authorized by this Act ...." See Southern California
   Broadcasting Co., 6 FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act provides that "[t]he term `repeated,' ...
   means the commission or omission of such act more than once or, if such
   commission or omission is continuous, for more than one day." 47 U.S.C. S
   312(f)(2).

   "Marketing" includes the sale or lease, offer for sale or lease (including
   advertising for sale or lease), importing, shipping, and/or distribution
   for the purpose of selling or leasing or offering for sale or lease. 47
   C.F.R. S 2.803(e)(4).

   47 U.S.C. S 503(b).

   47 U.S.C. S 503(b)(2)(D).

   12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).

   47 C.F.R. S 1.80.

   47 U.S.C. S 503(b)(2)(C). The Commission twice amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S 1.80(b)(3), to increase the maximum forfeiture
   amounts, in accordance with the inflation adjustment requirements
   contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. S
   2461. See Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221
   (2000) (adjusting the maximum statutory amounts from $10,000/$75,000 to
   $11,000/$87,500); Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, 19 FCC Rcd 10945
   (2004) (adjusting the maximum statutory amounts from $11,000/$87,500 to
   $11,000/$97,500); see also 47 C.F.R. S 1.80(c).

   47 U.S.C. S 403

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-2350

   2

   Federal Communications Commission DA 06-2350