FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,804
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(h) "Digital Device" means an unintentional radiator device or system as defined in
Section 15.3(k) of the Rules.
(i) "Effective Date" means the date on which the Bureau releases the Adopting
(j) "Equipment Marketing Rules" means Section 302(b) of the Act4 and Sections
2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Rules' and other
Communications Laws governing the marketing of radio frequency devices
within the United States and its territories.
(k) "Investigation" means the investigation commenced by the Bureau's September
10, 2010 letter of inquiry6 regarding whether the marketing of certain Digital
Devices by KMA complies with the Equipment Marketing Rules.
(1) "KMA" means Kustom Musical Amplification, Inc., d/b/a Ilanser Music Group,
and its predecessors-in-interest and successors-in-interest.
(m) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by KMA to implement the Compliance Plan.
(n) "Parties" means KMA and the Bureau, each of which is a "Party."
(o) "Rules" means the Commission's regulations found in Title 47 of the Code of
2. Pursuant to Section 302(b) of the Act7 and Sections 2.803, 15.19, 15.21, and 15.105 of
the Rules,8 certain Digital Devices may not be marketed in the United States unless the devices comply
with the applicable technical standards as well as the administrative requirements relating to equipment
labeling and consumer disclosure. Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering for 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."9
3. Pursuant to Sections 2.1203, 2.1204, and 2.1205 of the Rules, a Digital Device may not
be imported into the United States unless the importer, ultimate consignee, or customs broker, files with
the United States Customs and Border Protection an FCC Form 740 (or the electronic equivalent thereof)
declaring that the device meets one of the import conditions set forth in Section 2.1204 of the Rules.io
KMA markets Digital Devices such as guitar amplifiers, speaker systems, microphones and footswitches.
' Id. 15.3(k).
4 47 U.S.C. 302a(b).
S 47 C.F.R. 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, 15.105.
6 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Kustom
Musical Amplification, Inc. (Sept. 10, 2010) (on file in EB-10-SE-030).
7 See 47 U.S.C. 302a(b).
SSee 47 C.F.R. 2.803, 15.19, 15.21, 15.105.
9 Id. 2.803(e)(4).
o See id. 2.1203, 2.1204, 2.1205.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/57/: accessed October 21, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.