The FCC has proposed fining Acuity Brands Inc. of Atlanta, Georgia, $25,000 for apparently marketing radio frequency devices that were not labeled in accordance with Commission Part 18 rules at the time. The FCC issued a Notice of Apparent Liability (NAL) on November 21. Compliance with the particular rule at issue now is voluntary.
“Specifically, Acuity marketed three models of consumer-grade electronic fluorescent lighting ballasts — two since 2006 and one since 2009 — that did not have the FCC logo affixed to them,” the FCC said in the NAL. Application of the FCC logo, which the FCC no longer requires, was to inform purchasers that a device had undergone compliance testing. The FCC also said Acuity continued to market two models of the ballasts at issue for approximately 6 months after being notified, causing the Commission to up the penalty.
“We take this action today as part of our duty to ensure that radio frequency devices are marketed in accordance with the Commission’s rules,” the FCC said. “Consistent with this goal, we find it necessary to enforce the rules requiring that devices subject to equipment authorization are properly labeled to inform a consumer that such devices have been tested for compliance under the Commission’s technical rules, because those devices could easily cause interference if they do not conform to those rules.