In one of the largest settlements in recent memory, a New York-based company has agreed to pay a $250,000 civil penalty for selling radio equipment and devices that exceeded legal radiated emissions limits.
According to an Order and Consent Decree issued by the U.S. Federal Communications Commission in late October, Ubiquiti, Inc. marketed certain models of WiFi access points that operated at power levels higher than those stipulated in their grants of certification. Based on testing conducted by the Commission’s Office of Engineering and Technology (OET), it was determined that the affected models contained an error in the software driver calibration data. That error caused the devices to be capable of exceeding permitted radiated emissions limits and allowing the emissions to emanate into restricted frequencies.
In response to a Letter of Inquiry from the Bureau’s Spectrum Enforcement Division, Ubiquiti acknowledged that the devices in question were capable of operating outside of its authorized parameters and that it had delivered a firmware update to all affected devices operating in the U.S. that resolved the excessive power and radiation issues identified in the OET’s testing. The company subsequently filed a Class II permissive change request with a telecommunications certification body (TCB) to reflect compliance with the minimum requirements, which was granted.
In addition to the civil penalty, Ubiquiti also agreed to designate a senior corporate manager with the responsibility of overseeing future compliance. The company will also implement a compliance plan, including a compliance manual and a compliance training program, to ensure future compliance with the Commission’s Rules.