I recently visited a friend while on vacation in the U.S. He had a
computer that was interferring with a very old VCR that he had. This
VCR was quote old so I suspect the problem might have been partly with
the VCR. As a retired engineer, the problem did peak my interest,
though.
The computer was bought on eBay and has no FCC stickers or
identification whatsoever. According to the manual the motherboard does
have FCC certification, but a Google search shows it to be a "value"
board. It sells retail for $44.99 on NewEgg.
The case appears to be made by "Diablotek". TigerDirect sells these
retail for $39.99, including the power supply! I don't know if the
power supply is compliant. I would guess that a quality motherboard,
case and motherboard would cost about $250.00, or more, compared to a
cost of about $85 (retail) for this eBay seller.
Anyway, my question is: Is it legal to sell computers in the U.S.
without FCC certification? A look at some random eBay auctions
indicates that there are sellers who are selling these kinds of
computers in large quantities.
In looking at the FCC website, I can see where it is legal to assemble
"Home-built" devices for personal uses in quantities of 5 or less (Sec.
15.23). However, section 15.101, says, "Class B personal computers
assembled using authorized CPU boards or power supplies" require a
"Declaration of Conformity". This would appear to indicate that these
sellers (and ebay) are violating FCC regulations with the sale of these
computers.
http://www.access.gpo.gov/nara/cfr/waisidx_04/47cfr15_04.html
In looking at the ebay website, I can see where there is a statement
that says: "Certain electronics equipment, including equipment deemed
unlawful by the Federal Communications Commission (FCC), is not
permitted on eBay."
http://pages.ebay.com/help/policies/electronics.html
In doing a Usenet search the only thing that I can find on this general
subject is an old post that appeared in the group "alt.culture.hawaii"
on February 26, 1996. Interestingly, this would have been before ebay
really got started. "eBay was founded in Pierre Omidyar's San Jose
living room back in September 1995. It was from the start meant to be a
marketplace for the sale of goods and services for individuals." It's
also interesting to note that the original ebay business model was
directed towards individuals and not businesses. My guess is that eBay
is simply letting some stuff fall through the cracks because of their
phenomenal growth and their transition to a model that includes
business sales. I would also guess, though, that they would be legally
liable for any possible damages.
This old 1996 post from Hawaii, for example, claims there is a
potential danger to public safety. On the one hand, I would think that
this danger is quite remote. On the otherhand, as the quantity of sales
increase the risks obviously increase.
Here's a copy of the old Usenet post from Hawaii:
--------------------------------------------------------------------------------
February 26, 1996
KAILUA-KONA The Big Island of Hawaii
Is Your Computer Illegal? PART I OF A THREE-PART SERIES
Lawsuit Will Seek Refunds For Thousands Of Unsuspecting Computer Buyers
in Hawaii!
A SPECIAL CONSUMER NEWS FEATURE prepared by staff at
http://thebigisland.com
Would you be shocked to learn that the computer you use in your home or
office is illegal and potentially dangerous? That's right, ILLEGAL and
dangerous. What if you discovered that the person you trusted to buy
your $3,000.00 computer from, was aware that the machine they
"custom-configured" for you was actually illegally manufactured and
illegally offered for sale?
The term "upgrading" one's computer system is about to undergo a rather
unusual twist. Computer dealers and their insurers, in Hawaii and
elsewhere, may eventually be forced to refund potentially millions of
dollars to unsuspecting consumers for such "illegal" computer sales, as
part of a bold new approach to correct the widespread problem.
Consumers of PC's, purchased since 1987, are urged to contact a
Honolulu law firm that will act on behalf of consumers who have
purchased thousands of such "illegal" PC's. With the cost of the
average PC, with most of the bells and whistles, averaging between
$2,500 and $3,500, up until last year, the dollars involved are
mind-boggling.
Very important federal regulations covering personal computer
manufacturing specifications are unknown to the vast majority of
consumers. However, life and death safety services, affecting police
and paramedic operations, aviation, two-way mobile communication, can
be severely disrupted by >these rogue machines. They can also generate
static and illegal interference for nearby televisions, radios,
telephones, etc. The devices have been bla>med for other incredible
accidents and have been the subject of hundreds of studies in Europe
about the dangers of their emissions if improperly manufactured. Those
topics will be covered in greater detail in part II of of our series.
Generally, generic, no-name, IBM-compatible clones, tens of thousands
of such computers have been sold to innocent, unsuspecting consumers,
businesses, and even government agencies in Hawaii, and throughout the
US. The computers, because of their lack of radiation emission
compliance, pose a dangerous risk to public safety. The illegal
computers are lesser-known and many times are brandless. You can most
likely put your mind at ease right now, if your computer was made by
well-known companies such as Compaq, Hewlett-Packard, IBM, DEC, and
even respectable mail-order firms such as DELL and Micron amongst
others.
Jack Shedletsky, a 32-year veteran in charge of the Federal
Communications Commission in Hawaii, is very much aware of the problem.
He is also very concerned that as the power of PC's internal CPU clock
cycle [commonly referred to as the megahertz speed] increases, so do
the dangers from these illegally manufactured computers. Mr. Shedletsky
and his Waipahu office staff, however, have become the latest victims
of the nation's ongoing budget battle. From his office on Oahu, on a
tightly restrained budget,inter-island flights are now an uncommon
event. Therefore, the means to monitor and enforce FCC compliance has
been dramatically reduced.
Meanwhile, certain computer dealers and garage-type operations are
cashing in on unsuspecting consumers, as sales in the PC industry have
been energized by the Internet craze and the hurried scramble for even
more individuals and businesses to participate in the latest stage of
the PC Age.
How do you know if your computer is legal or illegal? According to Mr.
Shedletsky, on the exterior of your computer, a label with the
following statement MUST appear: "This device complies with part 15 of
FCC rules." The statement refers to conditions 1 and 2 that are also
listed on the label. What if your computer has no such label? "It's
illegal. There's no room for debate beyond that point," stressed
Shedletsky.
Several representatives at laboratories, which conduct FCC testing,
stated that even semi-knowledgeable consumers are commonly hood-winked
into believing outright fallacies. Chuck Kendall, of CK Consultants
laboratory, in Mariposa, California, warned us, unscrupulous dealers
commonly "play down the concern" and respond that "the individual parts
are FCC certified." Does that pass Mr. Shedletsky's FCC rulebook?
"Absolutely not. The computer itself, must have either the
aforementioned statement or must have a specific FCC manufacturer
product ID label, or it's illegal," according to the long-time FCC
agent.
Kendall, also told us that chances are better that the monitor,
keyboard, and printer will have proper FCC markings, since a very high
percentage of these items are imported into the US and would never be
able to get past customs without the appropriate certification
statement. Kendall also told us, that his company recently ordered a
printer which was delivered without FCC certification. Unacceptable,
the rogue device was refused and shipped back to the seller pronto for
a refund. Kendall recommends uncertain consumers to first check the
underside of their keyboard or back side of their monitor to find the
statement. After it's located they'll know what to look for, next check
the backside of your computer, generally where all the cables are
plugged into. The same label is most commonly placed there.
Where does the FCC feel the biggest problem exists in Hawaii? "It's
island-wide, but the Big Island, for some reason is a major problem for
the FCC. Not only with illegal computers, but we also get an inordinate
amount of complaints about CB's over there," Mr. Shedletsky told us in
an interview Friday afternoon. The bustling Big Island, complete with
its sprawling cattle ranches, cactus, and paniolos [Hawaiian cowboys]
is enough to conjure up a modern-day image of the 'The Wild West of
Computing.'
Phone calls and visits to local computer stores and numerous one-man
operations confirmed the FCC official's concern. Many computer stores
on the Big Island do offer such "illegal" systems. When asked whether
the systems were FCC certified as class A or B, the responses ranged
from Kendall's prediction of "Well the individual parts are," to
outright arrogance, such as one dealer's very explicit, "Look we've
sold hundreds of these systems since we been in business and I'm
telling you we don't need this FCC thing you're talking about."
Another dealer was a little more compassionate about our FCC question,
when he in turn asked our staff member, "Is that important to you? "
For a nanosecond, we thought we talking to a psychoanalyst. When we
told him we had heard that it was dangerous and illegal to be sold
without the FCC certification, he simply tried to allay our fears by
telling us, "Lots and lots of computers are sold here without the FCC's
approval, there's really nothing to worry about."
Those days on the information highway will soon come to screeching
halt. Although the FCC currently lacks the funds and staff to
completely enforce its regulations, Shedletsky was gladdened to see
what he called, "Certainly a new approach to the problem. The consumers
of these illegal computers certainly have the law of the land behind
them. It will be interesting to see the reaction of these folks once
the attorneys begin contacting them" It's also a solution that's likely
to gain the interest of attorneys nationwide. "Even if the purveyor of
the equipment has limited assets, many will forced to seek the refuge
of their product liability coverage from insurance companies. Most of
the monetary settlements, in the end, could be a result of negotiations
with their insurers," stated one veteran of the PC industry..
The FCC doesn't take kindly to dealers who feel they're above the law.
We asked Mr. Shedlestsky what he thought about the computer dealer who
told us not to worry about their computers lack of FCC approval. "The
FCC has the authority to impose $10,000.00 fines per day, per offense."
The dealer is now one of several under the scrutiny of Mr. Shedletsky's
office.
Why do people buy these computers in the first place? Laboratory
officials unanimously told us that it is usually based on the
consumer's misguided notion of supposed savings. One official also told
us, "Because the dealer is cutting corners by using low-end components,
not engineering the system's radiation emission shielding properly, and
avoiding FCC testing and approval, the dealer in turn pockets those
extra dollars for themselves. Many of the systems consists of
components, mainly motherboards and add-in cards, which are
very often of inferior quality."
What should you do if you're already the owner or operator of one of
these rogue computers? Working, or perhaps, in many cases, not working,
to qualify for a refund of your purchase, you'll need copies of the
proof of purchase [store receipt or credit card statement] of a
computer purchased since 1987. A well-known law firm on Oahu is
compiling information from consumers as it prepares its litigation.
MORE IN PART II --- Computing in Hawaii - Is Your Computer Illegal?
Visit http://thebigisland.com for parts upcoming parts II and III of
this feature story.
computer that was interferring with a very old VCR that he had. This
VCR was quote old so I suspect the problem might have been partly with
the VCR. As a retired engineer, the problem did peak my interest,
though.
The computer was bought on eBay and has no FCC stickers or
identification whatsoever. According to the manual the motherboard does
have FCC certification, but a Google search shows it to be a "value"
board. It sells retail for $44.99 on NewEgg.
The case appears to be made by "Diablotek". TigerDirect sells these
retail for $39.99, including the power supply! I don't know if the
power supply is compliant. I would guess that a quality motherboard,
case and motherboard would cost about $250.00, or more, compared to a
cost of about $85 (retail) for this eBay seller.
Anyway, my question is: Is it legal to sell computers in the U.S.
without FCC certification? A look at some random eBay auctions
indicates that there are sellers who are selling these kinds of
computers in large quantities.
In looking at the FCC website, I can see where it is legal to assemble
"Home-built" devices for personal uses in quantities of 5 or less (Sec.
15.23). However, section 15.101, says, "Class B personal computers
assembled using authorized CPU boards or power supplies" require a
"Declaration of Conformity". This would appear to indicate that these
sellers (and ebay) are violating FCC regulations with the sale of these
computers.
http://www.access.gpo.gov/nara/cfr/waisidx_04/47cfr15_04.html
In looking at the ebay website, I can see where there is a statement
that says: "Certain electronics equipment, including equipment deemed
unlawful by the Federal Communications Commission (FCC), is not
permitted on eBay."
http://pages.ebay.com/help/policies/electronics.html
In doing a Usenet search the only thing that I can find on this general
subject is an old post that appeared in the group "alt.culture.hawaii"
on February 26, 1996. Interestingly, this would have been before ebay
really got started. "eBay was founded in Pierre Omidyar's San Jose
living room back in September 1995. It was from the start meant to be a
marketplace for the sale of goods and services for individuals." It's
also interesting to note that the original ebay business model was
directed towards individuals and not businesses. My guess is that eBay
is simply letting some stuff fall through the cracks because of their
phenomenal growth and their transition to a model that includes
business sales. I would also guess, though, that they would be legally
liable for any possible damages.
This old 1996 post from Hawaii, for example, claims there is a
potential danger to public safety. On the one hand, I would think that
this danger is quite remote. On the otherhand, as the quantity of sales
increase the risks obviously increase.
Here's a copy of the old Usenet post from Hawaii:
--------------------------------------------------------------------------------
February 26, 1996
KAILUA-KONA The Big Island of Hawaii
Is Your Computer Illegal? PART I OF A THREE-PART SERIES
Lawsuit Will Seek Refunds For Thousands Of Unsuspecting Computer Buyers
in Hawaii!
A SPECIAL CONSUMER NEWS FEATURE prepared by staff at
http://thebigisland.com
Would you be shocked to learn that the computer you use in your home or
office is illegal and potentially dangerous? That's right, ILLEGAL and
dangerous. What if you discovered that the person you trusted to buy
your $3,000.00 computer from, was aware that the machine they
"custom-configured" for you was actually illegally manufactured and
illegally offered for sale?
The term "upgrading" one's computer system is about to undergo a rather
unusual twist. Computer dealers and their insurers, in Hawaii and
elsewhere, may eventually be forced to refund potentially millions of
dollars to unsuspecting consumers for such "illegal" computer sales, as
part of a bold new approach to correct the widespread problem.
Consumers of PC's, purchased since 1987, are urged to contact a
Honolulu law firm that will act on behalf of consumers who have
purchased thousands of such "illegal" PC's. With the cost of the
average PC, with most of the bells and whistles, averaging between
$2,500 and $3,500, up until last year, the dollars involved are
mind-boggling.
Very important federal regulations covering personal computer
manufacturing specifications are unknown to the vast majority of
consumers. However, life and death safety services, affecting police
and paramedic operations, aviation, two-way mobile communication, can
be severely disrupted by >these rogue machines. They can also generate
static and illegal interference for nearby televisions, radios,
telephones, etc. The devices have been bla>med for other incredible
accidents and have been the subject of hundreds of studies in Europe
about the dangers of their emissions if improperly manufactured. Those
topics will be covered in greater detail in part II of of our series.
Generally, generic, no-name, IBM-compatible clones, tens of thousands
of such computers have been sold to innocent, unsuspecting consumers,
businesses, and even government agencies in Hawaii, and throughout the
US. The computers, because of their lack of radiation emission
compliance, pose a dangerous risk to public safety. The illegal
computers are lesser-known and many times are brandless. You can most
likely put your mind at ease right now, if your computer was made by
well-known companies such as Compaq, Hewlett-Packard, IBM, DEC, and
even respectable mail-order firms such as DELL and Micron amongst
others.
Jack Shedletsky, a 32-year veteran in charge of the Federal
Communications Commission in Hawaii, is very much aware of the problem.
He is also very concerned that as the power of PC's internal CPU clock
cycle [commonly referred to as the megahertz speed] increases, so do
the dangers from these illegally manufactured computers. Mr. Shedletsky
and his Waipahu office staff, however, have become the latest victims
of the nation's ongoing budget battle. From his office on Oahu, on a
tightly restrained budget,inter-island flights are now an uncommon
event. Therefore, the means to monitor and enforce FCC compliance has
been dramatically reduced.
Meanwhile, certain computer dealers and garage-type operations are
cashing in on unsuspecting consumers, as sales in the PC industry have
been energized by the Internet craze and the hurried scramble for even
more individuals and businesses to participate in the latest stage of
the PC Age.
How do you know if your computer is legal or illegal? According to Mr.
Shedletsky, on the exterior of your computer, a label with the
following statement MUST appear: "This device complies with part 15 of
FCC rules." The statement refers to conditions 1 and 2 that are also
listed on the label. What if your computer has no such label? "It's
illegal. There's no room for debate beyond that point," stressed
Shedletsky.
Several representatives at laboratories, which conduct FCC testing,
stated that even semi-knowledgeable consumers are commonly hood-winked
into believing outright fallacies. Chuck Kendall, of CK Consultants
laboratory, in Mariposa, California, warned us, unscrupulous dealers
commonly "play down the concern" and respond that "the individual parts
are FCC certified." Does that pass Mr. Shedletsky's FCC rulebook?
"Absolutely not. The computer itself, must have either the
aforementioned statement or must have a specific FCC manufacturer
product ID label, or it's illegal," according to the long-time FCC
agent.
Kendall, also told us that chances are better that the monitor,
keyboard, and printer will have proper FCC markings, since a very high
percentage of these items are imported into the US and would never be
able to get past customs without the appropriate certification
statement. Kendall also told us, that his company recently ordered a
printer which was delivered without FCC certification. Unacceptable,
the rogue device was refused and shipped back to the seller pronto for
a refund. Kendall recommends uncertain consumers to first check the
underside of their keyboard or back side of their monitor to find the
statement. After it's located they'll know what to look for, next check
the backside of your computer, generally where all the cables are
plugged into. The same label is most commonly placed there.
Where does the FCC feel the biggest problem exists in Hawaii? "It's
island-wide, but the Big Island, for some reason is a major problem for
the FCC. Not only with illegal computers, but we also get an inordinate
amount of complaints about CB's over there," Mr. Shedletsky told us in
an interview Friday afternoon. The bustling Big Island, complete with
its sprawling cattle ranches, cactus, and paniolos [Hawaiian cowboys]
is enough to conjure up a modern-day image of the 'The Wild West of
Computing.'
Phone calls and visits to local computer stores and numerous one-man
operations confirmed the FCC official's concern. Many computer stores
on the Big Island do offer such "illegal" systems. When asked whether
the systems were FCC certified as class A or B, the responses ranged
from Kendall's prediction of "Well the individual parts are," to
outright arrogance, such as one dealer's very explicit, "Look we've
sold hundreds of these systems since we been in business and I'm
telling you we don't need this FCC thing you're talking about."
Another dealer was a little more compassionate about our FCC question,
when he in turn asked our staff member, "Is that important to you? "
For a nanosecond, we thought we talking to a psychoanalyst. When we
told him we had heard that it was dangerous and illegal to be sold
without the FCC certification, he simply tried to allay our fears by
telling us, "Lots and lots of computers are sold here without the FCC's
approval, there's really nothing to worry about."
Those days on the information highway will soon come to screeching
halt. Although the FCC currently lacks the funds and staff to
completely enforce its regulations, Shedletsky was gladdened to see
what he called, "Certainly a new approach to the problem. The consumers
of these illegal computers certainly have the law of the land behind
them. It will be interesting to see the reaction of these folks once
the attorneys begin contacting them" It's also a solution that's likely
to gain the interest of attorneys nationwide. "Even if the purveyor of
the equipment has limited assets, many will forced to seek the refuge
of their product liability coverage from insurance companies. Most of
the monetary settlements, in the end, could be a result of negotiations
with their insurers," stated one veteran of the PC industry..
The FCC doesn't take kindly to dealers who feel they're above the law.
We asked Mr. Shedlestsky what he thought about the computer dealer who
told us not to worry about their computers lack of FCC approval. "The
FCC has the authority to impose $10,000.00 fines per day, per offense."
The dealer is now one of several under the scrutiny of Mr. Shedletsky's
office.
Why do people buy these computers in the first place? Laboratory
officials unanimously told us that it is usually based on the
consumer's misguided notion of supposed savings. One official also told
us, "Because the dealer is cutting corners by using low-end components,
not engineering the system's radiation emission shielding properly, and
avoiding FCC testing and approval, the dealer in turn pockets those
extra dollars for themselves. Many of the systems consists of
components, mainly motherboards and add-in cards, which are
very often of inferior quality."
What should you do if you're already the owner or operator of one of
these rogue computers? Working, or perhaps, in many cases, not working,
to qualify for a refund of your purchase, you'll need copies of the
proof of purchase [store receipt or credit card statement] of a
computer purchased since 1987. A well-known law firm on Oahu is
compiling information from consumers as it prepares its litigation.
MORE IN PART II --- Computing in Hawaii - Is Your Computer Illegal?
Visit http://thebigisland.com for parts upcoming parts II and III of
this feature story.
