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Technology companies opposed petition that asked FCC to require r...

Technology companies opposed petition that asked FCC to require retailers of 2-way voice or data radio equipment, excluding mobile phones, to undertake detailed record-keeping on customers. Dale Reich, self-described retail vendor of used radio equipment, petitioned FCC in Nov.…

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to require retailers of such equipment, including unlicensed devices, to keep records of buyers’ names, addresses, phone numbers, signatures. CompUSA, Intersil, Symbol Technologies, Vanu and XtremeSpectrum jointly opposed petition Fri., citing burdens such requirements would impose without regulatory purpose. Such mandates would threaten market for consumer wireless devices such as Wi-Fi, filing said. “Emerging technologies such as ultra-wideband would be cut off before they can establish a foothold,” companies said. Requested labeling and record-keeping would extend to devices such as cordless phones, wireless speakers, garage door openers, baby monitors and wireless toys, joint comments said. Request would have FCC require ownership tagging for certain radios, including Part 15 devices, used beyond operator’s home area, which would include information such as whether license was required and FCC call sign or file number. “It is simply not feasible for the checkout clerks at CompUSA or Toys ‘R’ Us to interrupt their duties to fill out purchaser-specific paperwork, open boxes and prepare and apply individualized labels,” filing said. Petitioners raised concern that under proposal retailers would have to keep large amount of material “private from unauthorized inspection, yet accessible to a ‘reasonable request’ from law enforcement officials; and a retailer can invite police inspection if it suspects the radios are used unlawfully.” That means retailers would have to make “close judgment calls” on which law enforcement requests were reasonable and “what observations about a customer create a sufficient suspicion to justify showing the records to police,” filing said. Companies said no govt. agency required such detailed level of records for any consumer product other than vehicles. Agere Systems opposed Reich’s petition, citing potential impact on devices that operate under Part 15 unlicensed rules. Agere said petition was without merit, would impose unnecessary burdens on FCC and retailers and would “represent an unwarranted invasion of privacy of the purchasers of such equipment for no legitimate regulatory purpose.” It said Reich had failed to establish problem that record-keeping proposals would address. IEEE group raised similar concerns, including invasion of privacy involving consumer purchases. IEEE 802.18 radio regulatory technical advisory group said proposals “fly in the face of federal preemption of local and state regulation of radio communications devices, which the Commission reserves to itself the right to regulate.” Local agencies don’t have authority over such matters because of federal preemption of state and local regulation of such radio communications devices, IEEE group said.