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HomeAircraftHelicopterMain Discussion › Hobby King fined for non compliant FCC TX's - $2.8 Million
06-08-2018 07:50 PM  13 days agoPost 1
TMoore

rrMaster

Cookeville, TN

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https://docs.fcc.gov/public/attachm...OC-351279A1.pdf
https://docs.fcc.gov/public/attachments/FCC-18-71A1.pdf

Delayed Response Operator Not Engaged
AMA SECTION 336 = Good
Drones = EVIL

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06-08-2018 08:19 PM  13 days agoPost 2
rcscaleguy

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CA, USA

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Well, it doesn't surprise me. They used to send packages as a gift to avoid tax coming in the USA(Fraud or tax evasion). The hobby industry dropped the ball ten years ago. They (large distributors) saw the issue and didn't take a stand to protect itself. Figured it would crush the dealers and little guys while the big dist still had control. Now we're down to one major distributor with a few minor dist.

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06-08-2018 09:38 PM  13 days agoPost 3
TMoore

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Cookeville, TN

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It's no different with steel, aluminum or any other raw material or commodity that the Chinese want to dominate and destroy the supply chain here in the US. Yes it costs more money to source things in the US because we have US wages and liabilities to deal with.

Delayed Response Operator Not Engaged
AMA SECTION 336 = Good
Drones = EVIL

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06-08-2018 11:57 PM  13 days agoPost 4
InvertedDude

rrVeteran

USA

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TMoore
I would rather kick the Chinese out of American market and deal with the consequences of reforming the American market. I really do not like the Chinese, they are enemies and bidding their time before they are strong enough to attack our country.

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06-09-2018 02:08 AM  13 days agoPost 5
DennisH

rrApprentice

Baton Rouge Louisiana USA

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Hobby King
I never intended my post to be this long! I read both attachments line for line. I am just shocked at this point. Just read the next 15 lines and decide if you want to read the rest of this post.

It's long, I just copied the areas that immediately caught my attention.

The below paragraph is definetly everyone's immediate concern!
After reading the below, I started over and read everything!
17 Consumers who own these HobbyKing devices should cease using them immediately or risk enforcement action for operating equipment in violation of the Commission’s rules.

Plus as stated below, we the consumer are required to have an amateur license to operate this equipment!
I am concerned. One of my main concerns, are the other companies producing or manufacturing equipment that falls in the same category as HobbyKing which is clearly defined below?

It might be easier just to read both documents which is attached to the first post in this thread. I picked certain paragraphs, or parts of some paragraphs that I felt were justified and some of the most important areas people should be aware of. Some are highlighted in "Red". JMO

To me, it appears most of this action involves any HobbyKing's products that transmits video in any manner. PLEASE correct me is this statement is wrong.

I feel this complaint could involve "all" transmitting equipment sold by HobbyKing.
The law requires companies to respond to requests from the FCC for information and to such FCC orders after being warned of possible violations. Yet, HobbyKing provided no further response.
In addition, HobbyKing apparently violated two Commission orders when it failed to fully respond both to the LOI and to the LOI Citation, thereby obstructing the Bureau’s investigation into HobbyKing’s marketing practices. Accordingly, and as explained herein, the Commission proposes a forfeiture of $2,861,128.26
30 Operating amateur equipment requires an amateur license pursuant to Part 97 of the Commission’s rules. 31 WTB, PSHSB, & OET Provide Reminder of Jan. 1, 2013 Deadline for Transition to Narrowband Operations in the 150-174 Mhz & 421-470 Mhz Bands, Public Notice, 27 FCC Rcd 14896, 14900 n.18 (2012) (“Equipment approval generally is not required for Part 97 equipment.”); New Generation Hobbies, Citation, 26 FCC Rcd 9468, 9471 n.23 (EB 2011) (“while amateur radio service equipment is exempt from the FCC’s equipment certification requirement, it is a violation of the Commission’s regulations to market in the United States a transmitter that is designed or intended to operate on frequencies outside of the authorized amateur radio service bands if such equipment has not been issued a grant of equipment certification”); Facilitating Opportunities for Flexible, Efficient, and Reliable Spectrum Use Employing Cognitive Radio Technologies, Memorandum Opinion and Order, 22 FCC Rcd 8053, 8058 para. 16 (2007) (amateur equipment is exempt from certification); Pilot Travel Centers, LLC, Notice of Apparent Liability, 19 FCC Rcd 23113, 23114 (2004) (“[R]adio transmitting equipment that transmits solely on Amateur Radio Service (‘ARS’) frequencies is not subject to equipment authorization requirements prior to manufacture or marketing.”) (emphasis added).
10. Further, twelve of the 65 AV transmitter models improperly are capable of operation on those restricted frequencies specifically listed in Section 15.205(a) of the Commission’s rules, including 960-1240 MHz, 1300-1427 MHz, 2370 MHz, 2490 MHz, and 5350-5400 MHz.36 These restricted frequencies are set aside for important Federal agency use, such as by the Federal Aviation Administration for aeronautical radar systems.37
The AV transmitter models marketed by HobbyKing that can operate on restricted frequencies can never be certified or marketed within the United States, and consequently cannot come into compliance with our rules.38
The AV transmitter models marketed by HobbyKing that can operate on restricted frequencies can never be certified or marketed within the United States, and consequently cannot come into compliance with our rules.38
11. In addition, Section 97.215(c) of the Commission’s rules limits transmitter power for telecommand of model craft under an amateur license to 1 Watt (or 1000mW),39 yet three of HobbyKing’s AV transmitter models are marketed as operating at 1500mW or even 2000mW — as much as twice the allowed power under the Commission’s rules.40 Thus, these three AV transmitter models operate at higher power levels than allowed under the amateur rules also making them noncompliant, even if they were to operate solely on amateur frequencies.41
13. Further, we are unpersuaded by HobbyKing’s attempt to shift its compliance obligation to its customers by claiming its website warns that users must be aware of local laws prior to purchase.49 Simply put, the Act and the Commission’s equipment marketing and technical rules place a compliance burden directly on the device marketer.50 A cautionary note on a company’s website in no way absolves a company from its obligation not to market noncompliant devices.51
52 The Division observed and captured a screenshot from HobbyKing’s website for each of the 65 models listed in Appendix A on dates in September and October 2017 showing marketing within the last twelve months. On May 15, 2018, the Division reviewed HobbyKing.com and observed HobbyKing continuing to market all but three of the devices. Further research by the Division revealed that those three devices, for which the Division had screenshots showing HobbyKing engaged in unlawful marketing on September 15, 2017, were also being marketed by HobbyKing on October 4, 2017, evidencing continuing unlawful marketing that occurred within the last year. Those three devices are listed in Appendix A as: Fatshark 1.3Ghz 1G3 8CH 250mw FPV Transmitter / 2530000820; Diatone SP Series 5.8GHz 48CH Video Transmitter w/Variable RF Output / 366000223-0; and Skyzone SKYH01 HD FPV/Action Camera and 400mW 40 Channel Transmitter / 544000025-0. 53 Following the LOI Citation, HobbyKing is subject to a Notice of Apparent Liability for its continued failure to fully respond to the LOI. See supra note 26.
17. HobbyKing failed to fully respond to the LOI and failed to respond at all to the LOI Citation. 60 As explained in the LOI Citation, HobbyKing was offered many opportunities to respond to the LOI and refused to do so.61 After granting an initial extension to answer the LOI, the Division provided two additional opportunities to HobbyKing to submit a complete response to the LOI.62 The complete response was due June 30, 2017, and HobbyKing provided no further information.63
Here, Section 503(b)(2)(D) of the Act authorizes us to assess a forfeiture against HobbyKing of up to $19,639 for each day of a continuing violation, up to a statutory maximum of $147,290 for a single act or failure to act.70 In exercising our forfeiture authority, we must consider the “nature, circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.”71
Because HobbyKing subsequently engaged in the same type of conduct that led to both citations—marketing noncompliant devices and failing to fully respond to the LOI—an NAL against HobbyKing is now appropriate.
V. ORDERING CLAUSES 29. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act93 and Sections 1.80 of the Commission’s rules,94 ABC Fulfillment Services LLC d/b/a HobbyKing USA LLC and HobbyKing.com; and Indubitably, Inc. d/b/a HobbyKing Corp., HobbyKing USA LLC, HobbyKing, and HobbyKing.com is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two million, eight hundred sixty-one thousand, and one hundred and twenty-eight dollars ($2,861,128) for willful and repeated violations of Section 302 of the Act;95 Section 2.803 of the Commission’s rules;96 and Commission orders.97

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06-09-2018 02:17 AM  13 days agoPost 6
JuanRodriguez

rrProfessor

The Villages, Florida

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Yup , way too long .... lost interest after reading the first 4 lines ....

Been there, done that and old enough to know better.....

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06-09-2018 07:00 AM  13 days agoPost 7
TMoore

rrMaster

Cookeville, TN

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I think it's mainly focused on 5.8Ghz analog FPV transmitters but the other 65 transmitters weren't really defined.

http://qrznow.com/drone-transmitter...on-fcc-penalty/

Delayed Response Operator Not Engaged
AMA SECTION 336 = Good
Drones = EVIL

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06-09-2018 12:40 PM  12 days agoPost 8
Quicktoy

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Venice, FL USA

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If we went to war with China over them building islands for research and planting military personnel on them, isn’t the debt wiped clean? Asking for a friend.

Srimok, Goblin 770, Avant Aurora, Trex 700 Suzi Hans, 700 LE, 700 FBL, Trex 450 Dominator X2, HC500, and a crap ton of parts with no time to fly! :)

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06-09-2018 06:51 PM  12 days agoPost 9
Heli_Splatter

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USA

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Hobby King is not the only guilty party. Talk to Range Video, they were fined too. I am sure Horizon and Tower had their own FCC issues. For my part, I went out and got my amateur ticket to stay within the regs. Most others have not. So, put some of the blame on the users too!

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06-09-2018 07:24 PM  12 days agoPost 10
Heli Fanatix

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Fountain Valley, CA

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If Hobby King is the Beast
- and we are attacking it
- but to be fair, who has been feeding it?

HK [along with other companies] didn’t do it right, so they are dealing with the consequences. HK is what drove the price of Lipo down. Remember [for those that has been in the game for a while] can recall a Lipo being north of $400! HK made the hobby affordable. At some point .. HK went off the reservation. Now they have been dealt. What everyone thinks is correct .. Try to weight both sides and make an eloquent debate.

HK has been taking, however it’s time they contribute back.

Before it was the Russian, after that it’s Middle East, and now it’s the Chinese.. can’t blame the whole for a few bad apples. let’s not be so naive. it can be anyone that we choose to focus on.

BTW
The USA owes China, Japan and Europe the national 21.1T debt. Can’t all be from HK TX, gift tax and etc. We can’t do the blaming game and pile it on....there’s more to it.

- Scott

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06-09-2018 08:05 PM  12 days agoPost 11
RappyTappy

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Traveling the USA

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Americans have been addicted to cheap China junk and in the end like the saying goes, "The things you own, own you"

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06-09-2018 11:58 PM  12 days agoPost 12
TMoore

rrMaster

Cookeville, TN

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Everybody in the biz knows the rules. GetFPV got busted last year, they knew the rules too. There are no good excuses, the FCC regs are clear on this. The Chinese just think the rules don't apply to them.

Delayed Response Operator Not Engaged
AMA SECTION 336 = Good
Drones = EVIL

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06-10-2018 03:44 PM  11 days agoPost 13
cudaboy_71

rrElite Veteran

sacramento, ca, u.s.

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The Chinese just think the rules don't apply to them.
Well, they are correct. Only the users will be punished.

if it ain't broke, break it.

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06-10-2018 05:26 PM  11 days agoPost 14
TMoore

rrMaster

Cookeville, TN

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cudaboy_71
The Chinese just think the rules don't apply to them.
Well, they are correct. Only the users will be punished.
It's a lot more than that. The users are breaking the law by not being licensed while the Chinese are subverting the law by providing the means to do so. What's more is that along with 2.4, 1.3, 900 Mhz; 5.8 Ghz is also an ISM frequency, ISM devices are supposed to be able to accept interference from other users in their respective bands. Look that up and you'll see how Industrial, Scientific and Medical frequencies are allocated in the US and you can also see how that classification of allotted frequencies is shared in the US. This is just one of the reasons that Hobby grade RC devices are type accepted. Every mfg in the hobby biz understands or should understand their role in providing competent gear for the consumers.

A lot of folks think this is no big deal from a user and interference perspective and in most cases it isn't a big deal but one of the reasons it isn't a big deal is because when you follow the FCC rules it all works and coexists as it is supposed to.

Delayed Response Operator Not Engaged
AMA SECTION 336 = Good
Drones = EVIL

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06-10-2018 06:07 PM  11 days agoPost 15
RM3

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Killeen, Texas - USA

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...and thats why I dont buy crap from HK... NOTHING.

1) its garbage...
2) Obviously its stolen tech or otherwise pretending to be of similar quality like their whole orange line of crap.
3) see 1

You buy HK stuff, you take the risk. Not only to your valued toys, but the safety of others exposed to your hobby when in use should they interfere with other items or otherwise fail.

this should serve as a lesson... dont go cheap when it matters.

showing a preference will only get you into trouble, 90% of everything is crap...

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06-10-2018 09:37 PM  11 days agoPost 16
DennisH

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Baton Rouge Louisiana USA

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RM3
...and thats why I dont buy crap from HK... NOTHING.

1) its garbage...
2) Obviously its stolen tech or otherwise pretending to be of similar quality like their whole orange line of crap.
3) see 1
I agree with you. Daily ships full of loaded Sea Containers are unloading on our west coast. It's almost unbelievable the amount of goods shipped to the US for resale. Many US businesses shut down operations only to have China fill the gap.

I would love to avoid them completely, I just need to figure how I can do it.

PS: Not only ships full of goods, 747's are flying around the World with Chinese goods. I read somewhere that every two minutes planes were taking off from China full of shipments to supply the World.

I received about 7 emails direct from the manufacturers in China wanting to sell me merchandise in quantities. One being LiPo batteries! I never followed up on the emails. These emails origin is from China and the sales rep's are American.

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06-10-2018 11:34 PM  11 days agoPost 17
PaulBowen

rrKey Veteran

Victoria, Australia.

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Hard to avoid really. Buy quality, buy US or European or confirmed Japanese. Don’t buy cheap sh*t Christmas decorations. Alternatively buy Chinese products that conform to the rules (iPhone, iPad!).

Don’t buy Align, buy Synergy, MA, Hirobo, Henseleit, Minicopter...

Futaba T18SZ, JR Propo XG14, Hirobo fanatic!

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06-11-2018 01:06 AM  11 days agoPost 18
Heli_Splatter

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USA

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I will buy Align helicopters and HobbyKing batteries all day long. I have flown for a long time on those products.

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06-11-2018 12:40 PM  10 days agoPost 19
rpat

rrElite Veteran

Weirton, W. Va.

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So you think that buying Pulse batteries are not buying Chinese?????. Just because the STICKER says different ...not so.

trex 700fbl cal30,minititan,, trx600fbl,trex250,logo 500,Velocity N2

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06-13-2018 01:16 AM  9 days agoPost 20
Cra-Z-1

rrApprentice

Washington,UT-USA

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Heli_Splatter
Hobby King is not the only guilty party. Talk to Range Video, they were fined too. I am sure Horizon and Tower had their own FCC issues. For my part, I went out and got my amateur ticket to stay within the regs. Most others have not. So, put some of the blame on the users too!
Exactly.

I have to laugh at the reference to Chinese "Junk". Has everyone actually even begun to think about how much Chinese "junk" is in their homes? Even IF you buy everything you can "Made in the USA", you will still have a multitude of Chinese built electronics, and devices everywhere. There is NO way of getting around it, and the references that I seen listed in the Models included items from Fat Shark and Skyzone, which manufactures Mainstream Video FPV tech that is available from Stores such as Amain and Helidirect, just as they are HK and many others. They don't make stuff for HK exclusively. I think HK takes the brunt of it just because they are selling some devices that are just plain illegal here in the US.

If you actually take the time to look at some of the linked message, you can see some pretty good info on what exactly pissed off the FCC.

This is probably No.1: "Further, twelve of the 65 AV transmitter models improperly are capable of operation on those restricted frequencies specifically listed in Section 15.205(a) of the Commission’s rules, including 960-1240 MHz, 1300-1427 MHz, 2370 MHz, 2490 MHz, and 5350-5400 MHz.36 These restricted frequencies are set aside for important Federal agency use, such as by the Federal Aviation Administration for aeronautical radar systems.37"

This frequency is illegal in the U.S. regardless of whether you have a HAM license or not!

In other countries, these frequencies may be just fine, so the issue is that HK is allowing them to be sold to U.S. customers.

No.2: In addition, Section 97.215(c) of the Commission’s rules limits transmitter power for telecommand of model craft under an amateur license to 1 Watt (or 1000mW),39 yet three of HobbyKing’s AV transmitter models are marketed as operating at 1500mW or even 2000mW — as much as twice the allowed power under the Commission’s rules.40 Thus, these three AV transmitter models operate at higher power levels than allowed under the amateur rules also making them noncompliant, even if they were to operate solely on amateur frequencies.41

Some of models listed put out too much power whether or not you even HAVE an Amateur Radio License, and regardless are illegal.

This for the most part has nothing to even do with the 5.8 Ghz Tx frequencies, but frequencies and powers beyond what is illegal here in the US.

https://commons.wikimedia.org/wiki/...io_Spectrum.pdf

Ban the Ban.

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HomeAircraftHelicopterMain Discussion › Hobby King fined for non compliant FCC TX's - $2.8 Million
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