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April 17, 2009
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FACSIMILE AT 407-658-9433
Mark Stammel
General Manager
ProLingo
5075 Forsyth Commerce Road
Orlando, FL 32807
Re: File No. EB-08-SE-1094
Dear Mr. Stammel:
This is an official CITATION, issued to ProLingo pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended ("Act"), for
marketing in the United States a radio frequency device, specifically, the
Listentech LT700 transmitter, in a manner inconsistent with the terms of
its authorization and the requirements of Section 15.237 of the
Commission's Rules ("Rules"), in violation of Section 302(b) of the Act
and Sections 2.803(a)(1) and 15.237 of the Rules. As explained below,
future violations of the Commission's rules in this regard may subject
your company to monetary forfeitures.
In response to a complaint alleging that ProLingo was marketing, as a
component of its simultaneous language interpretation systems, certain
transmitters that operate on frequencies in the 72-76 MHz band which are
restricted under Section 15.237 of the Rules to use by auditory assistance
devices, the Enforcement Bureau's Spectrum Enforcement Division
("Division") issued a letter of inquiry ("LOI") to ProLingo on February
19, 2009. ProLingo submitted its response to the LOI on March 2, 2009.
ProLingo states in its response that it has been marketing the Listentech
LT700 transmitter, which is manufactured by Listen Technologies
Corporation ("Listen Technologies") and certified under FCC ID #
OMD700-002, since 2006. ProLingo also states that it does not import the
device, but rather purchases the device from a distributor in Hong Kong.
ProLingo indicates that its current website, which has been up since
August 2008, is the first marketing tool it has used that describes the
Listentech LT700 transmitter (along with a separate receiver) as a
language interpretation system. ProLingo asserts that printed marketing
materials from the manufacturer, Listen Technologies, clearly state that
the intended application of the device is language interpretation and
provides a copy of these materials. Finally, ProLingo indicates that it
will correct its marketing materials to ensure that it does not market
auditory assistance devices as interpretation systems.
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
Commission's implementing regulations provides that:
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 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.
Pursuant to Section 15.201(b) of the Rules, intentional radiators, such as
the Listentech LT700, must be authorized in accordance with the
Commission's certification procedures prior to the initiation of marketing
in the United States. In addition, under Section 15.237 of the Rules,
intentional radiators operating in the frequency bands 72.0-73.0 MHz,
74.6-74.8 MHz, and 75.2-76.0 MHz are restricted to use as auditory
assistance devices. Listen Technologies properly certified the Listentech
LT700 transmitter under FCC ID # OMD700-002. The grant of certification
identifies the device as a Part 15 auditory assistance device and
indicates that the grant is made pursuant to Section 15.237. ProLingo
acknowledges, however, that it has marketed the Listentech LT700
transmitter as a language interpretation system. Accordingly, it appears
that ProLingo violated Section 302(b) of the Act and Sections 2.803(a)(1)
and 15.237 of the Rules by marketing the Listentech LT700 transmitter in a
manner that is inconsistent with the terms of its authorization and
Section 15.237 of the Rules.
If, after receipt of this citation, you violate the Communications Act or
the Commission's rules in any manner described herein, the Commission may
impose monetary forfeitures not to exceed $16,000 for each such violation
or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. Your
response should specify the actions that you are taking to ensure that you
do not violate the Commission's rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office appears to be the Tampa, Florida Field
Office. Please call Kathryn Berthot at 202-418-7454 if you wish to
schedule a personal interview. You should schedule any interview to take
place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to:
Kathryn Berthot
Spectrum Enforcement Division
Enforcement Bureau
Re: EB-08-SE-1094
Federal Communications Commission
445 12th Street, S.W., Rm. 3-C366
Washington, D.C. 2055
Under the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 15.237.
47 U.S.C. S: 302a(b); 47 C.F.R. S:S: 2.803(a)(1) and 15.237.
An auditory assistance device is defined as "[a]n intentional radiator
used to provide auditory assistance to a handicapped person or persons."
47 C.F.R. S: 15.3(a).
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, to Mark Stammel, General Manager, ProLingo (February
19, 2009).
Letter from Mark Stammel, General Manager, ProLingo, to Kathryn S.
Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (March
2, 2009).
Id. at 1, 3. ProLingo also indicates that it "buys and sells equipment
from ... other manufacturers in this environment" but does not
specifically identify any other transmitters that it resells as
interpretation systems. Id. at 2. We note that this Citation also applies
to any other transmitters, which ProLingo resells as interpretation
systems, that are certified for operation on the frequency bands
identified in Section 15.237 of the Rules.
Id. at 3.
Id.
Id. at 2.
Id. at 3.
47 C.F.R. S: 15.201(b).
Section 15.3(o) of the Rules defines an "intentional radiator" as a
"device that intentionally generates and emits radio frequency energy by
radiation or induction." 47 C.F.R. S: 15.3(o).
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering to 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." 47 C.F.R. S: 2.803(e)(4).
See 47 C.F.R. S: 15.237(a).
The grant of certification for the Listentech LT700 was issued on June 8,
2005.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 09-831
1
3
Federal Communications Commission DA 09-831
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554