
Music and Sound Retailer reports the FCC is imposing a one million dollar fine against Behringer, which "marketed 50 models of unauthorized radio frequency equipment, specifically digital audio music devices, in willful and repeated violation of Section 302 of the Communications Act of 1934, as amended, and Section 2.803 of the commission’s rules” according to the Music And Sound Retailer article.
The FCC's official website states Behringer “failed to comply with applicable rules governing testing, labeling, and the filing of Form 740 for certain of its products.” Form 740 relates to customs requirements, but the real juicy details come from a press release at FCC.gov which reads in part, "In proposing its forfeiture amount, the Commission considered that Behringer marketed the unauthorized devices for more than five years overall and for almost a year after it was on notice of the FCC's investigation, and that Behringer derived substantial financial gain from the sale of the unauthorized devices."
At Behringer.com, a corporate press release says, "Global Communications Director Ron Koliha . . . explained that even prior to the new testing and compliance program, BEHRINGER products were not known to pose safety or RF emissions hazards. For those products that had passed stringent European standards, we believed that they also complied with FCC verification requirements. Later we realized that our assumptions were too broad regarding the differences and similarities in testing standards and procedures under FCC and European requirements."
A quote by Behringer CEO Michael Deeb on the Behringer site adds, “Testing and labeling oversights like the ones that happened prior to 2005 are behind us now.”
Deeb is free to spin this issue as he might, but a re-reading the language of the FCC press release seems to contradict the notion of a simple 'oversight'. "The Commission considered that Behringer marketed the unauthorized devices for more than five years overall and for almost a year after it was on notice of the FCC's investigation . . ."
You be the judge. No, wait, the FCC already did that.
Justice?