After multiple enforcement actions totaling hundreds of thousands of dollars in penalties against importers and retailers of LED signs last year, it appears that the message has not been fully received. To the contrary, the FCC is back at it in enforcing its equipment marketing rules against importers and retailers of LED signs in 2019. In a recent Enforcement Advisory, the FCC again warned companies marketing noncompliant LED displays that they may be subject to costly investigations and significant monetary penalties. As we previously reported, these warnings should put all importers and retailers of LED signs – many of whom may not know FCC rules apply to them – on notice that their products should be authorized, properly labeled, and contain the required user disclosures before being marketed in the United States. The FCC often uses Enforcement Advisories to set the stage for future enforcement action and the agency appears poised to move forward with another wave of enforcement actions in the coming months. It is therefore critical that companies assess their equipment marketing compliance procedures now to avoid Commission enforcement later.

Continue Reading All Signs Point to Aggressive Enforcement of Equipment Marketing Rules after Another FCC Action Related to LED Displays

On November 2, 2017, the FCC’s revised equipment authorization rules were published in the Federal Register and took effect immediately.  Our advisory details those rule revisions.  The Office of Management and Budget (“OMB”) had earlier determined that the new rules included no changes to the existing information collection requirements that required further OMB review before they could take effect. Continue Reading FCC Equipment Authorization Rule Change Transitions Now in Effect

The Federal Communications Commission (“FCC” or “Commission”), at its July 13, 2017, Open Meeting updated its equipment authorization procedures and rules in a number of ways that will be of great interest to everyone in the supply chain for both licensed and unlicensed radio frequency (“RF”) equipment, including manufacturers, importers, wholesalers, distributors, and retailers.  The First Report and Order changes the regulatory landscape applicable to the approval, labeling, and other compliance matters for RF equipment in a variety of ways that will take place immediately upon publication of the First Report and Order in the Federal Register except that some will be delayed to the extent they implicate Office of Management and Budget, OMB, review of new or modified information collection requirements.

We examine the First Report and Order and the principal changes in more detail in the referenced advisory.  Continue Reading July 2017 FCC Meeting Recap: FCC Adopts Major Changes to Approval Procedures for Many RF Devices, E-Labeling, Importation Regulations, and Other Equipment Authorization Rules