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Power 7 Faces $25,000 Fine in ‘FM Cup’ Case

FCC says the company didn't properly certify before marketing device, sold through Macally

A manufacturer faces a $25,000 fine from the Federal Communications Commission for how it marketed its “FM Cup Transmitter.”

The device is promoted as a “convenient way to transmit your music collection over the radio,” according to one retailer’s Web site. “The FMCup (will) play any device through its mini-jack in port, but it is customized for iPods.”

The FCC issued a notice of apparent liability against Power 7 Technology Corp., which has offices in California and Taiwan.

The case dates to a complaint in early 2008 that the emissions of the Macally FM Cup Automobile Full Channel FM Transmitter and iPod Charger exceeded limits for intentional radiators operating in the 88–108 MHz band. The FCC’s Office of Engineering and Technology Lab tested the device and sent a letter of inquiry to Macally USA Mace Group, which in turn identified Power 7 as the manufacturer.

The transmitter was required by rules to be approved through FCC certification procedures. The FCC said Power 7 did not obtain an equipment certification until last July.

Power 7 said it made 66,750 FM Cup Transmitters for Macally and shipped them between March 29, 2007, and April 12, 2008.

“Power 7 states that the reason it did not obtain a certification for the FM Cup Transmitter until July 11, 2008, is that the Project Manger ‘was under pressure for product delivery, and was not aware of the FCC requirement status,'” the FCC summarized. Power 7 also argued it had modified the transmitter to comply with the Rules and that units shipped since November 2007 did comply.

The company has 30 days to pay or explain why the fine should be altered.