FCC

FCC legal action against Behringer has served as a wake-up call to the company’s management, according to a company spokesperson.

In February of 2006, the FCC proposed a $1 million fine against Behringer USA for apparent violation of the FCC’s equipment authorization rules. The equipment found to be in violation of the FCC rules included audio processors, equalizers, mic preamps, sample-rate converters, mixers, amplifiers and lighting controllers.

“The products in question were shipped to the US between the years 2000 and 2005,” stated Ron Koliha, Global Communications Director. “One of the FCC’s allegations was that we didn’t comply quickly enough with their notifications. Behringer’s top management took that as a serious ‘wake-up call’ and set about to prevent mistakes like this from happening again. That’s one reason why all currently available models shipped to US dealers after our response to the complaint in early 2006 fully comply with FCC regulations and are properly identified as such.”

CEO Michael Deeb cited Behringer’s investment in what he called “state-of-the-art safety and RF emissions pre-testing facilities” with a staff of 15 technicians and engineers, appointment of a Corporate Compliance Officer, consolidation of compliance activities and operations to ensure all products comply with FCC and other global regulatory standards, and development of an in-house tracking and global regulatory review system

“Testing and labeling oversights like the ones that happened prior to 2005 are behind us now,” said Deeb.

The FCC has proposed a $1 million fine against Behringer USA for apparent violation of the FCC’s equipment authorization rules. The equipment found to be in violation of the FCC rules includes audio processors, equalizers, mic preamps, sample-rate converters, mixers, amplifiers and lighting controllers.

The FCC has concluded that Behringer violated its rules by marketing in the US unauthorized digital audio devices. Rules require that these devices are tested and verified to be compliant with FCC technical standards prior to marketing them in the United States.

From the FCC Notice of Apparent Liability for Forfeiture and Order:

We find that Behringer continued to import and market substantial numbers of these unauthorized devices for more than a year after the Enforcement Bureau initiated an inquiry into Behringer’s compliance with the Commission’s equipment authorization requirements. Based on the facts and circumstances before us, including the egregious nature of Behringer’s continued non-compliance, we conclude that Behringer is apparently liable for a forfeiture in the amount of one million dollars ($1,000,000).

In proposing its forfeiture amount, the Commission considered that Behringer marketed the unauthorized devices for more than five years overall and for almost a year after it was on notice of the FCC’s investigation, and that Behringer derived substantial financial gain from the sale of the unauthorized devices.

Behringer Unauthorized Class B Digital Devices Marketed in the United States include dynamic processors, equalizers, mic preamps, digital effect processors, UB Series Mixing Consoles, Analog Mixing Consoles, DJ mixers, DJ gear, guitar amps, instrument lighting systems, pro lighting systems, and the Behringer Control series of devices.

Source: FCC NALF (Acrobat file)