updated 10:31 pm EDT, Wed October 10, 2012
Previous advertising required disclaimer mentioning approval absence
According to an Amazon spokeswoman, the online retailer has received approval from the Federal Communications Commission (FCC) to sell the 4G version of the Kindle Fire. The 8.9-inch tablet was unveiled last month, but the devices had not yet received FCC clearance, and was required to run disclaimers on web pages and emails promoting the product.
Last month, attorneys and analysts familiar with FCC compliance procedures said the FCC was unlikely to reject or prolong approval of the the Amazon devices despite having a new 4G chip. At the same time, the sources remarked that it was unusual for a company to announce major new products without first getting the sign-off from the agency.
At the time of the announcement, Electronista spoke with a FCC representative who blamed the newly-designed cellular modem coupled with recent submission of the device for the lack of approval or the device. "Should Amazon have given us the device earlier this summer it would have been done in time for the release, assuming the modem was in compliance," said the FCC representative.
Mitchell Lazarus, FCC approval expert at law form Fletcher, Heald & Hildreth said companies cannot cannot accept orders and payments from retail customers prior to FCC approval. Wholesale orders can be accepted from retailers, but the same shipment prohibition applies.
Companies such as Samsung, Google, Apple, and Nokia have insured FCC approval is obtained prior to device announcements. Sprint-Nextel goes an additional step, and prohibits preorders of devices prior to FCC review. The lack of FCC approval on the 4G device was the second major omission noted from the product announcement, the first being the mandatory advertisements and product recommendations on the device, which has since been reconsidered, allowing for users to opt-out of the mandatory advertisements.