Is the FCC getting serious about enforcement? They proposed coming down hard on a manufacturer whose devices could potentially transmit without authorization on amateur radio frequency bands. According to a story in RadioWorld, the FCC has proposed a $2.8M fine be levied against HobbyKing, a maker of audio/video transmitters for drones and other devices.
In the Notice of Apparent Liability for Forfeiture, proposing the fine, the FCC says,
[The] AV transmitters HobbyKing markets purport to operate on amateur frequencies in three frequency bands, 1240-1300 MHz (often identified as “1.2 GHz”), 2300-2310 and 2390-2450 MHz (often identified as “2.4 GHz”), and 5650-5925 MHz (often identified as “5.8 GHz”). However, more detailed examination shows that
these AV transmitters are marketed on HobbyKing’s website as also operating in additional frequency bands not allocated for amateur operations and, in some cases, at higher power levels than allowed.
Apparently, Hobby King ignored previous warnings from the FCC, and they don’t like being ignored. RadioWorld reports,
The steep proposed penalty is not only for marketing noncompliant radio frequency devices but also for failing to comply with commission orders. According to the commission, HobbyKing failed to respond to the enforcement bureau’s previously issued a citation notifying HobbyKing of its legal and regulatory obligations. The company also failed to stop marketing the alleged noncompliant equipment despite a cease and desist order from the FCC. Current law requires companies to respond to requests from the FCC after being warned of possible violations.
I looked up this company on the internet, and found they are based out of Hong Kong, which I believe to be outside of FCC’s jurisdiction. Now that China basically owns Hong Kong, it is probably unlikely that they will respond favorably to the regulatory efforts of FCC. I am not sure how much of an effect of this fine will produce, but considering their initial response it seems to me they are not taking this seriously.
I do however agree with the FCC’s ruling on this as their products are violating the frequency band restrictions that devices that produce RF are mandated to follow in the US. The best thing for HobbyKing to have done would have been to comply with the rules and restrict their transmitters to the specified frequencies, and none of this would be an issue. They failed to respond, I believe this is open defiance of the FCC’s authority, and now they face a fine that would make their products unprofitable because of the amount of the fine, and they will either have to stop marketing their products here or redesign them to make them compliant with FCC regulations.
I do not believe that HobbyKing will emerge from this situation unimpeded in their pursuit of sales in the United States, and I would believe we are a, if not the, major market for their products.
In a way I am glad that FCC takes their enforcement duties seriously, I just wish they had come to that point over a lot of other RF interference producing devices in common use today such as LED lightbulbs, AC adapters, and other sources of radio noise.
73!