FCC Reaffirms Fine for Marketing Non-Compliant RF Equipment

In a Memorandum Opinion and Order (MO&O) released 17th June 2021, the FCC denied a Petition for Reconsideration filed by HobbyKing of a $2,861,128 fine for marketing noncompliant RF equipment and for failing to respond to FCC orders in its investigation of the company’s practices. In the same step, the FCC enforced its equipment marketing rules. The fine resulted from an FCC investigation initiated by ARRL’s January 2017 complaint that the HobbyKing equipment was “blatantly illegal at multiple levels.”

The Forfeiture Order is the final chapter of a story that started with a report to the ARRL Board by the EMC Committee in 2017, as a result of the discovery that aerial drone TV transmitting equipment was being imported and marketed without proper FCC authorization under FCC Part 15 rules.
— ARRL Electromagnetic Compatibility Committee Chair Kermit Carlson, W9XA.

As spelled out in ARRL’s 2017 complaint, the ARRL Laboratory had documented that the operating frequencies of these drone TV transmitters near the 1.3 GHz amateur band were dip-switch selectable for frequencies internationally assigned for use by Aeronautical Navigation, GPS, GLONASS L1, ATC Mode “S,” as well as to both the interrogation and reply frequencies used for Air Traffic Control Air-Route Surveillance “transponder” radar systems. “Transmissions from these drone TV transmitters would have caused harmful interference to these essential Navigation and ATC Radar systems, presenting a real and dangerous threat to the safety of flight,” Carlson said.

ARRL’s complaint noted that given the channel configuration, these units would not have a legitimate amateur radio use, and that the marketing was directed at drone enthusiasts and not to licensed radio amateurs. “ARRL Laboratory tests did prove that only one of the seven available channels was within the 1.3 GHz amateur band,” Carlson said.