The FCC proposed $34.9 million...
The FCC proposed $34.9 million fine against Chinese company C.T.S. Technology is “impressive,” but may only be “symbolic,” said Fletcher Heald lawyer Mitchell Lazarus Friday in a blog post. The FCC said the fine would be the biggest in agency…
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history (CD June 20 p5). If an offender won’t pay, the FCC’s usual recourse is to file a lawsuit in federal court, Lazarus wrote (http://bit.ly/SXEoED). The court’s reach may not extend to China, he said. “There is a treaty called the Hague Service Convention that may help, but we're guessing its implementation might be slow and uncertain.” Lazarus also questioned the extent to which C.T.S. actually violated the law. While C.T.S. did ship at least 10 devices to U.S. addresses, “it performed its acts in China, where it may be perfectly legal to ship jammers to U.S. addresses,” he said. While importation of the devices was “unquestionably unlawful,” wrote Lazarus, “FCC staffers, not C.T.S., did that by initiating the transactions and accepting delivery.” Citing the company for 275 devices it advertised but did not necessarily ship is still more “tenuous,” he said. “There is only one Internet; a company cannot easily promote its products on line in some parts of the world but not others.”