The Federal Communications Commission (“FCC” or “Commission”) today proposed a $367,436 forfeiture against ASUSTeK Computer Inc. and its subsidiary, Asus Computer International, for marketing Wi-Fi equipment that exceeded authorized power limits. This action underscores the FCC’s commitment to enforcing compliance with its regulations, as such violations pose risks of harmful interference and unfair market advantages.
The violations in question involve the marketing of the PCE-AC51 adapter and GT-AXE11000 router, both of which operated beyond their authorized power limits. This is a breach of Sections 302(b) of the Communications Act and specific FCC rules. Notably, ASUSTeK has a prior history of noncompliance; in 2014, the company entered a consent decree for similar issues. Despite acknowledging these issues, ASUSTeK continued marketing the noncompliant GT-AXE11000 router, indicating a persistent disregard for regulatory compliance.
The proposed forfeiture reflects the FCC’s determination to strictly enforce its radiofrequency (“RF”) equipment authorization and marketing rules. The Commission made it clear that more substantial fines and other sanctions may be forthcoming for rule violators:
[I]n future equipment marketing cases we may calculat[e] forfeitures in a way that better aligns forfeitures with the harms caused by the underlying violations, including, where appropriate, increased forfeitures. Doing so would provide stronger incentives to electronic equipment manufacturers and marketers to comply with the Act and the Commission’s equipment marketing rules.
To avoid the risk of substantial FCC sanctions, it is crucial for all companies in the RF equipment supply chain to ensure all that RF devices comply the FCC rules including RF emissions limits, power levels, labeling, marketing/advertising, modification, and importation. Regular reviews and audits of equipment authorization and marketing processes are essential to prevent violations. Staying informed about FCC rules and obtaining proper authorization for any device modifications is necessary to avoid legal and financial repercussions which, in addition to steep fines, could include banning the sale of non-compliant RF equipment.
Maintaining thorough documentation of compliance efforts can prepare companies for potential FCC investigations. It is also advisable to evaluate and mitigate the financial and operational risks associated with noncompliance through robust compliance management systems.
For more detailed information or assistance, clients are encouraged to refer to the full Notice of Apparent Liability for Forfeiture or contact our office for personalized guidance.
NEED HELP WITH RF EQUIPMENT COMPLIANCE?
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and policies & procedures around RF equipment authorization, marketing, importation, testing, and FCC enforcement actions, it is important to ensure that your equipment is fully compliant with all applicable requirements. The CommLaw Group has attorneys with many years of experience in all aspects of RF equipment conformity, as well as representing suppliers who have received compliance notices from the FCC.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan S. Marashlian — Tel: 703-714-1313 / E-mail: jsm@CommLawGroup.com
Ronald E. Quirk – Tel: 703-714-1305/ E-mail: req@CommLawGroup.com
