On May 30, 2018, the Commission issued a Notice of Apparent Liability (“NAL”) proposing a total penalty of $590,380 against a company for marketing noncompliant radio frequency (“RF”) devices in apparent violation of the agency’s equipment marketing rules.  The allegations in the NAL provide a textbook example of how a company that becomes aware of a violation relating to products subject to the Commission equipment authorization procedures should not respond.  The NAL was issued against Bear Down Brands, LLC, dba Pure Enrichment (“Pure Enrichment”), a Delaware company, in connection with fourteen models of the company’s consumer-oriented electronic personal hygiene and wellness devices it markets and imports, all of which were Part 15 or Part 18 unintentional radiators.  The NAL alleges that the devices were noncompliant because they lacked proper equipment authorization, failed to make required user manual disclosures, and/or did not have compliant FCC labels.

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As it did when it imposed circuit capacity reporting obligations on all submarine cable licensees earlier this year, the Federal Communications Commission (FCC) once again is looking to step up regulation of submarine cable systems. Citing the critical nature of submarine cable infrastructure and the importance of submarine cable systems to meet U.S. communications requirements, the FCC announced Thursday a proposal to require submarine cable system licensees to report cable network outages. The Notice of Proposed Rulemaking (NPRM), supported by the entire Commission, seeks comment on whether to bring submarine cable licensees into the reporting framework already applicable to many other communications providers, including satellite, cable, wireless and interconnected VoIP providers, among others. These providers are subject today to a complex network outage reporting regime encompassing consideration of factors such as the facilities impacted, the duration of the outage, and the number and type of minutes affected. Moreover the current network outage reporting rules require the submission of multiple reports with time-sensitive deadlines, some as short as 30 minutes where emergency communications are affected.


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A Notice of Apparent Liability issued today by the Federal Communications Commission against AT&T for numerous alleged violations of microwave point-to-point license rules after a lengthy investigation by the Enforcement Bureau, but the two Republican Commissioners took the Commission and Bureau to task for failing to provide transparent factual bases and justifications for both the base violations and also the grounds for proposed upward adjustments.  Commissioner Ajit Pai made a point of concurring and Commissioner Michael O’Reilly concurred in part and dissented in part.


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After dropping hints for the past two weeks, FCC Chairman Wheeler announced several measures Wednesday to respond to the DC Circuit’s decision in Verizon v. Federal Communications Commission, ____ F.3d ___ (D.C. Cir. 2014) (“Verizon Net Neutrality Order”), which we summarized in an earlier blog post.  Chairman Wheeler seeks to “enhance” the transparency