Federal Communications Commission (FCC)

The Federal Communications Commission Office of Engineering and Technology said it will extend through Sept. 30 suspensions of information collection requirements tied to FCC Form 740 and importation of radio frequency devices. The earlier waivers were to expire June 30, OET said. Section 2.1203 of FCC rules says no RF device can be imported unless the importer or “ultimate consignee” declares the device meets the conditions of entry set forth in agency importation rules, and Section 2.1205 addresses the filing of the declaration, OET said. But the requirement is in question, OET said. A pending proposal (see 1508110024) would “update the rules that govern the evaluation and approval of RF devices,” the OET order said (here). “Among the changes being considered by the Commission are proposals to eliminate the requirement to file FCC Form 740 by amending Section 2.1203 and removing Section 2.1205.”

CBP seized counterfeit mobile phone accessories on March 14 at the Charleston, South Carolina, seaport in a shipment that would be worth about $1.1 million if real, the agency said April 11 (here). The merchandise, which included phone cases, chargers, cables and headphones, "arrived into the port from China and was destined for upstate South Carolina." Some 38,000 counterfeit power adapters with the Federal Communications Commission mark, "signifying they’d been tested in an accredited FCC laboratory and met certain operating standards," also were seized, CBP said. "These were found to be unauthorized markings as well -- a potentially significant safety risk to unwitting consumers."

The Federal Communications Commission will review Form 740 data requirements for imports of goods that the agency regulates, the FCC said in a notice (here). The FCC mentioned Form 740 filing as part of a list of agency rules under review. "The purpose of the review is to determine whether Commission rules whose ten-year anniversary dates are in the years 2011 - 2014" should be "continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities," it said. The Form 740 certification requirements for imported radio frequency devices were waived by the FCC until June 30 (see 1612090033). Comments are due May 4.

The Federal Communications Commission will extend its waiver of Form 740 certification requirements for imported radio frequency (RF) devices until June 30, 2017, it said in an order adopted Dec. 8 (here). The FCC is still considering its 2015 proposal to eliminate filing at time of entry of importer certifications (see 1508110024), and it “does not appear” that the rulemaking will be complete by the time the current waiver of Form 740 filing requirements expires on Dec. 31 (see 1510200035), it said in the order.

Siemens agreed to pay a $175,000 fine for not disclosing two corporate felony convictions on a variety of Federal Communications Commission wireless license applications. The convictions stem from Siemens in 2008 pleading guilty to violating the accounting provisions of the Foreign Corrupt Practices Act through bribery of foreign government officials and in 2007 pleading guilty to a federal charge of obstruction of justice in a civil matter, the FCC Enforcement Bureau said in its Sept. 22 order (here). The failure to disclose "is particularly troubling because the underlying acts included misdeeds involving foreign telecommunications regulators," the bureau said, saying the consent decree includes that the two Siemens subsidiaries involved -- Siemens Corp. and Siemens Medical Solutions -- corrected the wireless application submissions on their own initiative and were fully cooperative with a bureau investigation afterward. Under the consent decree, the two also will develop and implement a compliance plan aimed at ensuring accurate future filing of wireless license applications, including a compliance manual and compliance training. Siemens didn't comment.

The exemption to Federal Communications Commission Form 740 filing requirements (see 1607070044) is based on the import date and not the date of entry summary filing, CBP said in a CSMS message (here). The FCC data must still be provided on the entry summary if the import date is before July 1, CBP said. That data isn't required for imports after July 1, it said. After July 23, ACE will no longer require FCC data regardless of date of import because of added system validations that will reject ACE transactions that include certain agency data, CBP said.

The Federal Communications Commission published a guidance on the July 1 suspension of Form 740 filing requirements (here). The agency temporarily waived the Form 740 requirements until the end of the year for imported radio frequency devices due to the transition to ACE (see 1510200035). "This suspension only eliminates the filing requirements; all other requirements related to importation and to compliance with equipment authorization rules for radio frequency equipment continue to apply," the FCC said.

The Federal Communications Commission Enforcement Bureau approved a consent decree resolving its investigation of whether Icom America imported and sold marine radios in the U.S. that didn't include required public safety features. The rules require marine radios to “include the full range of features recommended by the Radiocommunication Sector of the International Telecommunication Union to enhance emergency and safety-of-life communications from and between maritime vessels,” the bureau said in an order (here). Icom “admits that, by failing to include these features, its radios did not comply with the Commission’s rules,” the bureau said. Icom agreed to pay a $20,000 civil penalty and implement a compliance plan to prevent future violations, the bureau said. Icom didn't comment.

Mistaken changes to about 200 HTS codes led to transactions involving Federal Communications Commission data to be rejected, CBP said in a CSMS message (here). "CBP has corrected the HTS codes to properly include the FCC flags," the agency said. "Any transactions that [were] rejected should now be accepted upon submission."

The Federal Communications Commission fined a Chinese company $34.9 million for allegedly marketing​ 285 models of signal jamming devices to U.S. consumers. C.T.S. Technology marketed the devices through its Aiswa.com website, the FCC said (here). “These devices, which were advertised for sale to U.S. consumers, were designed to disrupt a variety of communications systems, including all major cellphone networks, Wi-Fi systems, and even Global Positioning System channels," said the forfeiture order approved by the agency's commissioners. “Some of the more dangerous devices were advertised as having the capacity to jam communications for a distance of over one-half mile.” The FCC said the company sold some of the devices to FCC investigators posing as consumers and shipped the equipment to the U.S. C.T.S. Technology didn't comment. When the fine was proposed, the FCC said it was the biggest in its history (see 14062016).