FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 6,347
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Il I ' ll I l Ir F I e d r a I C o m m n i a i I o n Is sio n I I0 4 - 7
shows, only if accompanied by a conspicuous notice that the devices had not been authorized.16 In 1997,
the Commission reaffirmed that the Section 2.803(c) trade show exception and attendant disclaimer
notice requirement applies to all radiofrequency devices that are in the "development, design or
preproduction stages" and that are subject to its equipment authorization procedures,17 including those
subject the verification procedures.18 Consistent with these Commission decisions, manufacturers who
exhibited and/or distributed promotional materials regarding non-working mock-ups or prototypes of
radio frequency devices at trade shows, without the conspicuous disclaimer notice, have been found in
violation of Section 2.803.19 In the instant case, we find that Schumacher displayed, and distributed
promotional materials regarding, SpeedCharger models SC 2500A, SC 4000A and SC 10000A without
the requisite disclaimer notice in apparent willful and repeated violation of Section 2.803(a).
B. Verified equipment.
9. Section 15.19(a)(3) of the Rules provides that "[i]n addition to the requirements in part 2 of
this chapter, a device subject to ... verification . . shall bear the following statement in a conspicuous
location on the device: This device complies with part 15 of the FCC Rules. Operation is subject to the
16 Interpretation and Amendment of Part 2, Section 2.803 of the Commission's Rules Relating to the Marketing if
Radiofrequency Devices, 58 FCC 2d 784, 787 I 15-16 (1976).
17 Matter of Revision of Part 2 of the Commission's Rules Relating to the Marketing and Authorization of Radio
Frequency Devices, 12 FCC Recd 4533, 4533 1 1 (1996) ("1996 Order"), recon. granted, 13 FCC Rcd 12928
(1998).
18 Id. at 4545 1 24 (finding that further clarification of Section 2.803 to include devices subject to verification
within the conditional trade show exception is unnecessary because "[v]erification, and the new declaration of
conformity, are equipment authorization procedures" and thus are covered by the Rule).
19 See Palmcom International Ltd., 8 FCC Rcd 332 (FOB 1993); see also GVC Technologies, Inc., 8 FCC Rcd
6667 (FOB 1993). Regarding the display of non-authorized equipment at trade shows, the Palmcom decision
stated:
Although the device itself may have been a non-functioning prototype, the displaying of a device
that represents a radio frequency device that had not been authorized by the FCC violates Section
2.803 of the FCC's rules. The displaying of the device, moreover, was a form of advertising which
is also prohibited by Section 2.803. The apparent purpose in displaying the device was to market
it, namely, to generate either immediate or future orders to buy the device. Often at a trade show
or even in a store, there is no intent to sell actual device on display, but the device is used to
generate orders. The actual device that is sold may not have been constructed or assembled at the
time a purchase order is placed.
8 FCC Rcd at 332. Regarding the distribution of promotional literature regarding non-authorized equipment at
trade shows, the Palmcom decision stated:
At the computer trade show, Palmcom was also distributing advertising literature describing the
features of the Palmcom computer. Since Section 2.803 prohibits the advertising of devices that
have not been authorized by the FCC, this advertising literature violated Section 2.803. This
violation was independent of the violation resulting from the displaying of the non-functioning
prototype computer.
Id.6347
-~iF OLYB~~~
Federal Communications Commission
DA 04-976
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United States. Federal Communications Commission. FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004, book, April 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4077/m1/488/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.