Western Radio Corporation

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF WESTERN RADIO CORPORATION ET AL.

MODIFIED ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7468. Complaint April 1959-Decision, July, 1965 Order modifying cease and desist order of Sept. 25 , 1963 , 63 F. C. 882 requiring manufacturers of portable radio transmitters in Kearney, Nebr. to cease falsely advertising the operational range of their products; the conditions of licensing and the terms of guarantee remain unchanged in accordance with an opinion of the Court of Appeals, Seventh Circuit, of Nov. 23 . 1964. 339 F. 2d 937 cert. denied 381 U.S. 938 (1965), 7 &D. 1030.

MODIFIED ORDER TO CEASE AND DESIST Respondents having filed in the United States Court of Appeals for the Seventh Circuit a petition to review and set aside the order to cease and desist issued herein on September 25, 1963 (63 F. 882J; and the court on November 23, 1964 (339 F. 2d 937J, having med its decision, and on January 27, 1965, having entered its final decree modifying and as modified, affirming and enforcing said order to cease and desist; and the United States S'lpreme Court on June 1 , 1965 (381 U.S. 938J, having denied a petition for certiorari fied by respondents;

Now, therefore, it is hereby ordered That the aforesaid order to cease and desist be, and it hereby is, modified in accordance with the said final decree of the Court of Appeals, as follows: , a It is ordered That respondents Western Radio Corporation corporation, and its officers, and Paul S. Beshore and W. P, Beshore, individually and as officers of said corporation, and respondents agents, representatives and employees, directly or through any corporate or other device, in connection\ with the offering for sale Complaint 68 F.

sale and distribution of their products, including radio transmitters in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing, directly or by implication: (a) That their transmitters with or without the use of additional equipment have a satisfactory operational range of any specified distance unless respondents are able to establish that their devices in fact have the operational ranges specified.

(b) That no license or permit is required for any operational use of their radio transnlitters unless the specific conditions under which such license or permit would be required are conspicuously set forth in conjunction therewith.

(c) That any product is guaranteed unless the terms and conditions of such guarantee are clearly and conspicuously set forth, including the amount of any service or other charge which is imposed.

It is further ordered That respondents shah, within sixty (60) days after service upon them of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with the order set forth herein.