On July 12, 2012, the FCC adopted a consent decree resolving its investigation of Elgato Systems LLC’s marketing of the EyeTV One television tuner. Elgato had acknowledged that required information was missing from the device, manual and packaging, and said it had taken corrective steps. The decree required a $2,800 voluntary payment and a compliance plan; it was not an adjudication of noncompliance.
Sources
https://transition.fcc.gov/eb/Orders/2012/DA-12-1091A1.html
complies with part 15 of the FCC Rules. Operation is subject to the condition that this device does not cause harmful interference." However, under Section 15.19(a)(5) of the Rules, when a device subject to verification is so small that it is not practicable to fully label it, it may be labeled only with a "unique identifier," provided that the remaining required information is "placed in a prominent location in the instruction manual or pamphlet supplied to the user" or "on the container in which the device is marketed." As the importer of the device, Elgato is responsible for the device's compliance with the applicable technical standards and administrative requirements, including Section 15.19. 2. On March 18, 2010, the Bureau's Spectrum Enforcement Division issued a letter of inquiry (LOI) to Elgato, directing the company to submit a sworn written response to a series of questions relating to Elgato's manufacture, importation, and marketing of digital television receivers. Elgato responded to the LOI on April 19, 2010 (LOI Response). In its LOI Response, Elgato reported that it imports and markets only one digital television receiver, the EyeTV One television tuner model, and provided documentation demonstrating that the model had been properly verified before marketing. Elgato also provided photographs demonstrating that the model is smaller than the palm of a hand and that the label affixed to the model displayed a unique identifier. Elgato acknowledged that the EyeTV One television tuner model devices did not include the remaining information required by Section 15.19(a)(1), either on the label, or in the instruction manual or on the container in which the device was sold. However, Elgato reported that, as of the date of its LOI Response, it had taken specific remedial measures, including labeling the EyeTV One television tuner model devices in accordance with Section 15.19(a)(5), updating the online instruction manual, and also posting on its website a frequently asked question that included the information required by Section 15.19(a). The Bureau and Elgato executed tolling agreements to toll the statute of limitations. III. TERMS OF AGREEMENT 4. Adopting Order. The Parties agree that the provisions of this Consent Decree shall be subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting Order. 5. Jurisdiction. Elgato agrees that the Bureau has jurisdiction over it and the matters contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this Consent Decree. 6. Effective Date; Violations. The Parties agree that this Consent Decree shall become effective on the Effective Date as defined herein. As of the Effective Date, the Adopting Order and this Consent Decree shall have the same force and effect as any other order of the Commission. Any violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a Commission order, entitling the Commission to exercise any rights and remedies attendant to the enforcement of a Commission order. 7. Termination of Investigation. In express reliance on the covenants and representations in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to terminate the Investigation. In consideration for the termination