FCC Cites Tower Products of Saugerties, NY

FCC cites distributor for marketing unauthorized RF device (May 10, 2007) -- The FCC has sent an official Citation to Tower Products Inc of Saugerties, New York, for marketing an unauthorized RF device capable of operating on 70 cm Amateur Radio frequencies. The FCC contends that the product in question, the "Laird Telemedia model LTM-WAVE-AG Wireless Monitoring System" (LTM-WAVE-AG), requires FCC certification. As an "intentional emitter," the device cannot be operated legally under Part 15 rules. The device is not a Part 97 transmitter, which would not require FCC certification, because it can transmit on spectrum not allocated to the Amateur Radio Service. Additionally, the devices, the FCC said, bore an FCC identification number assigned to another device. The FCC said Tower has acknowledged that the LTM-WAVE-AG is not certified and that it marketed the device in the US, apparently in violation of §302(b) of the Communications Act of 1934, as amended, and §2.803(a) of the FCC rules. In addition, the FCC asserts, Tower apparently violated §2.2304(a) of the rules by importing an RF device that did not meet one or more of 10 specified import conditions, and §2.1204(b) by being unable to document compliance with import conditions. The FCC warned Tower that future such violations could lead to fines of up to $11,000 "for each violation or each day of a continuing violation."