The FCC has again used a consent decree to resolve an enforcement matter. The FCC Enforcement Bureau recently concluded a radio interference investigation with “a negotiated settlement” and $90,000 civil penalty. The case against AFX Inc. involved the marketing of unauthorized RF devices that interfered with AM/FM radio reception.
After the company’s NLL Series LED lighting fixtures were reported to be causing interference to broadcast radio reception last year, the Enforcement Bureau’s Spectrum Enforcement Division issued a Letter of Inquiry (LOI) to AFX directing it to submit a sworn written response regarding its marketing and sale of the fixtures, considered unintentional radiators under FCC rules. The FCC said evidence revealed that the suspect lighting fixtures had not been tested and authorized under FCC rules prior to marketing, and that AFX continued to market them during an approximately 5-month period after receipt of the LOI.
“[W]e find that the public interest would be served by adopting the Consent Decree and terminating the referenced investigation regarding AFX’s marketing of unauthorized radio frequency devices, and compliance with Section 302(b) of the Communications Act of 1934, as amended and Sections 2.803(b)(2), 15.107(a), and 15.109(a) of the Commission’s rules (Rules),” the FCC said.