FCC Upholds Penalty Against Gibson for Selling Unauthorized FM Transmitters

The FCC denied the appeal of a $14,000 fine against Gibson Tech for selling two unauthorized FM transmitters on its Hobbytron.com Web site.
The transmitters were identified as Ramsey gear on the site.
The commission said neither Gibson nor Ramsey had received an equipment certification grant for the items that Gibson was marketing illegally in the U.S. when the agency originally levied the fine in 2005.
Among its arguments, Gibson said the commission used an “illegal secret shopper” and that Gibson had a form for purchasers to sign indicating they would be responsible for FCC registration.
Gibson said it is selling U.S.-manufactured Ramsey items that are also sold by “hundreds of retailers.”
The FCC said broadcast transmitters must be certified to be sold in this country; if the units are for export, the manufacturer must make sure they really shipped abroad. The “export” agreement Gibson asked customers to sign, said the commission, did not relieve the company of liability for marketing unlicensed transmitters.
Gibson said it didn’t have the money to pay the fine, and intended to shut down the site last April. The commission said the site remains operational and the company apparently is still in business.
The FCC upheld the fine and said payment is due within 30 days.