FCC May Consider Higher Fines for Some RF Violations
The FCC on Friday proposed a $367,436 fine for ASUSTeK Computer for marketing a Wi-Fi adapter and router that allegedly were modified to operate in excess of their previously authorized power limits. The FCC also said it’s considering changing how…
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it addresses such rules violations. ASUSTeK Computer is a Taiwanese company selling gear in the U.S. through Asus Computer, a wholly owned U.S. affiliate. RF equipment that operates at excess power “risks causing harmful interference” to other devices and “may give the violator an unfair competitive advantage,” the order said. Commissioners approved it 5-0 Thursday. The commission said it’s considering making its rules tougher. “We are concerned that in equipment marketing enforcement cases like this one -- with a small number of noncompliant equipment models, but a large volume of units sold -- our existing ‘per-model’ forfeiture calculation, even with substantial upward adjustments, may fail to yield an appropriate forfeiture amount,” the FCC said: “In future equipment marketing cases we may change our methodology for calculating forfeitures in a way that better aligns forfeitures with the harms caused by the underlying violations, including, where appropriate, increased forfeitures.” Commissioner Brendan Carr issued a statement clarifying his stance. “I do not read this item as determining whether the FCC’s upward adjustment factor applies based on the line of business relevant to the FCC’s enforcement action or based on a company’s entire operations,” he said: “I am open to the FCC considering reasonable changes in the context of an appropriate Commission proceeding.”