ReconRobotics Screwed by FCC

On July 13, 2011, the  FCC published its consent judgment entered into with ReconRobotics.  Recon The agreement provides that ReconRobotics will pay a "voluntary contribution" of $17,500 to the FCC.  Also, ReconRobotics will have to adopt a compliance plan and appoint a compliance officer whose duties will include confirming that all ReconRobotics' products meet FCC regulations.  Further, periodic reports will have to be made to the FCC detailing compliance with the regulations. 

The investigation started with a Letter of Inquiry by the FCC as to whether ReconRobotics video surveillance robotic cameras were certified as meeting FCC standards.  Apparently, the products had been offered for sale before certification.  ReconRobotics responded to the LOI apparently admitting to marketing the products before receiving certification.  We assume that the products are now certified as the FCC emphasizes in the consent decree the marketing before certification and because ReconRobotics is still advertising the products on its website.

Setting aside the issue of whether the FCC has authority to issue a LOI and require a response, the FCC had no authority to fine ReconRobotics without first issuing a formal Citation to ReconRobotics and then observing further violations of the regulations.  We repeatedly see the FCC try to extort money from people without following proper procedures.  Perhaps because ReconRobotics sells products to various governmental entities it decided not to fight the FCC but instead fold like a house of cards. 

Had Recon Robotics stood up to the FCC, it undoubtedly would not have had to pay a fine (which we note is about double the amount we normally see in this type of case).  It certainly would not have had to adopt a compliance plan or appoint a compliance officer.  The FCC has no authority to extract such a concession from anyone.  We would hope others cited by the FCC would stand up for their rights, especially since prevailing against the FCC entitles the victor to reimbursement of his attorney fees.