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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )
J COMMUNICATIONS CO., LTD.       )    EB Docket No. 04-28
                                )    EB-02-TS-588
Grantee of Equipment             )    FRN #  0005-8369-60
Authorization for                )
General Mobile Radio Service     )
Radios, 
FCC ID# OAJFR1-GPS


                       ORDER OF REVOCATION 
     
Adopted:  June 14, 2004                                      
Released: June 16, 2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

        1.     By this Order  of Revocation,  acting pursuant  to 
   authority  delegated to the  Enforcement Bureau under  section 
   0.111(a)(17) of the Commission's rules,1 we revoke the  above-
   captioned  equipment authorization  held by  J  Communications 
   Co., Ltd. (``J Communications'') for its General Mobile  Radio 
   Service  (``GMRS'')   radios.   We  conclude,  based  on   the 
   evidence described  herein, that the GMRS radios  manufactured 
   by  J  Communications  under  FCC  ID#  OAJFR1-GPS  have   the 
   capability  to transmit data, specifically Global  Positioning 
   System  (``GPS'') location  information, in  contravention  of 
   section 95.631  of the rules2 and the equipment  authorization 
   held by J Communications.

II.       BACKGROUND
     
        2.     On February 9,  2004, the  Commission released  an 
   Order to  Show Cause designating this case for hearing.3   The 
   OSC specified the following issues:

          (a)  To  determine   whether   the   GMRS   radios 
             manufactured by J  Communications under FCC  ID 
             #  OAJFR1-GPS  violate  Section 95.631  of  the 
             Rules  and/or   the  explicit   terms  of   the 
             equipment authorization for the radios; and

          (b)  To  determine,  in  light  of  the   evidence 
             adduced pursuant  to  issue  (a),  whether  the 
             equipment    authorization     held    by     J 
             Communications, FCC ID # OAJFR1-GPS, should  be 
             revoked.

        3.     The OSC  ordered  J  Communications,  pursuant  to 
   section  2.939(b) of  the rules,4  within thirty  days of  the 
   release of the OSC (i.e., by March 10, 2004), in person or  by 
   its attorney, to file a written notice of appearance in  order 
   to  avail itself  of the opportunity  to be  heard.5  The  OSC 
   directed   that  the  notice  of   appearance  state  that   J 
   Communications would appear on the date fixed for the  hearing 
   and present evidence on the specified issues.  The OSC  warned 
   J  Communications that,  if it  failed to  so file  a  written 
   notice of appearance, its right to a hearing on the matter  of 
   its  equipment authorization would be  deemed waived, and  the 
   Chief  Administrative Law Judge (or  the presiding officer  if 
   one  had been designated) would,  at the earliest  practicable 
   date,  issue an  order reciting  the events  or  circumstances 
   constituting  a  waiver of  hearing, terminating  the  hearing 
   proceeding, and certifying the case to the Commission.6   

        4.     The   Presiding    Judge   determined    that    J 
   Communications had  received a copy of the OSC but had  failed 
   to  file  a written  notice  of appearance  seeking  to  avail 
   itself  of the  opportunity to  be heard.7   Accordingly,  the 
   Presiding  Judge concluded  that J  Communications had  waived 
   its right  to a hearing, and he terminated the proceeding  and 
   certified  the  case  to the  Commission  for  disposition  in 
   accordance  with  47 C.F.R.    1.92(c).  The  Commission  has 
   delegated  authority  to  the  Enforcement  Bureau  for   such 
   revocation  proceedings, terminated  on the  basis of  waiver, 
   pursuant to 47 C.F.R.  0.111(a)(17).  

III.      DISCUSSION

     A.  Facts

        5.     The GMRS is a short-distance, two-way land  mobile 
   radio  service available  for communications  that  facilitate 
   personal  or  business  activities  of  licensees  and   their 
   immediate  family members.8  Section  95.631(a) of the  rules9 
   generally  limits GMRS transmitters  to voice  communications, 
   and  section  95.631(f)10  explicitly provides  that  no  GMRS 
   transmitter shall transmit non-voice data.  GMRS  transmitters 
   must be authorized in accordance with the FCC's  certification 
   procedures prior to marketing.11  

        6.     On March 20, 2002, the FCC's Office of Engineering 
   and   Technology  (``OET'')   granted  J   Communications   an 
   equipment  certification, FCC  ID # OAJFR1-GPS,  for its  GMRS 
   radios.12   This  certification  explicitly  authorized  F3E13  
   (voice) emissions only. 

        7.     Following receipt  of  a complaint  which  alleged 
   that  the   GMRS  radios  manufactured  by  J   Communications 
   transmitted  GPS data in violation of  47 C.F.R.  95.631  and 
   the  explicit terms of the  equipment authorization held by  J 
   Communications,  we sent a  letter of inquiry  (``LOI'') to  J 
   Communications  on June 20,  2003.14  In its  response to  the 
   LOI,15  J  Communications  acknowledged that  its  radios  use 
   F2D16  (data) emissions to  transmit GPS location  information 
   on GMRS frequencies.    

     B.  Discussion

        8.     As noted  above,  47  C.F.R.    95.631  generally 
   limits   GMRS  transmitters  to   voice  communications.    In 
   addition,  the  equipment certification  issued  by OET  to  J 
   Communications for  its GMRS radios explicitly authorizes  F3E 
   (voice) emissions only.  Nevertheless, J Communications'  GMRS 
   radios  use  F2D (data)  emissions  to transmit  GPS  location 
   information on GMRS frequencies.    

     C.  License Revocation

        9.     Section 2.939(a)(2) of the  rules states that  the 
   Commission  may revoke any  equipment authorization ``if  upon 
   subsequent inspection  or operation it is determined that  the 
   equipment  does   not  conform  to  the  pertinent   technical 
   requirements  or to the representations  made in the  original 
   application.''17   Furthermore,  section  2.939(a)(4)  of  the 
   rules  states that  the Commission  may revoke  any  equipment 
   authorization  because of conditions  coming to its  attention 
   ``which  would warrant  it in  refusing to  grant an  original 
   application.''18  In light of the above, we conclude that  the 
   GMRS  radios manufactured  by J Communications  under FCC  ID# 
   OAJFR1-GPS  do   not  conform  to  the  applicable   technical 
   requirements  for  GMRS  transmitters.   We  further  conclude 
   that,  because these GMRS radios  are capable of  transmitting 
   GPS  location information, the  Commission could have  refused 
   to grant J Communications' original application for  equipment 
   authorization for  such devices had this fact been made  known 
   to the  Commission.  Based on the foregoing, we conclude  that 
   the equipment  certification held by J Communications for  its 
   GMRS radios, FCC ID # OAJFR1-GPS, should be revoked.

IV.  ORDERING CLAUSES

        10.     Accordingly, IT IS  ORDERED that, pursuant to  47 
   C.F.R.    2.939(b), the  equipment  authorization, FCC  ID  # 
   OAJFR1-GPS,  held by  J Communications  IS REVOKED,  effective 
   the  fortieth  (40th)  day  after release  of  this  Order  of 
   Revocation,  unless  J  Communications files  a  petition  for 
   reconsideration or  application for review within thirty  (30) 
   days  of the  release of this  Order of  Revocation, in  which 
   case  the effective  date will be  suspended, pending  further 
   Order of the Commission.  

        11.    IT IS FURTHER ORDERED that a copy of this Order of 
   Revocation  shall be sent by  Registered Mail, Return  Receipt 
   Requested,  to Jong-Oh Kim,  President, J Communications  Co., 
   Ltd.,  124-4  Ojeon-Dong, Uiwang  City,  Kyungki-Do,  437-070, 
   South Korea.  


                         FEDERAL COMMUNICATIONS COMMISSION


     
                         David H. Solomon
                         Chief, Enforcement Bureau
  




_________________________

1 47 C.F.R.  0.111(a)(17).
2 47 C.F.R.  95.631.
3 Order to Show Cause, 19 FCC Rcd 2564 (2004) (``OSC'').

4 47  C.F.R.   2.939(b)  states:  ``Revocation of  an  equipment 
authorization shall be made in  the same manner as revocation  of 
radio station licenses.''  Revocation  of radio station  licenses 
is governed by sections 1.91 and 1.92 of the Commission's  rules.  
47 C.F.R.  1.91,  1.92.  Consequently, we  will refer to  those 
rules herein.
    
5 See 47 C.F.R.  1.91(c).   
6
 See also 47 C.F.R.  1.92(c).  That rule provides that, whenever 
a hearing  is  waived,  the presiding  administrative  law  judge 
shall, at the earliest practicable date, issue an order  reciting 
the events  or circumstances  constituting a  waiver of  hearing, 
terminating the hearing  proceeding, and certifying  the case  to 
the Commission.  See also 47 C.F.R.  1.92(a).
   
7 Memorandum Opinion  and Order, FCC  04M-14, released April  26, 
2004.   Therein,  the   Presiding  Judge   determined  that   the 
Commission  had  sent  the  OSC  to  J  Communications  both   by 
registered mail and  by facsimile and  that J Communications  had 
acknowledged  receipt  of  the  OSC  by  facsimile  sent  to  the 
Commission on February 12, 2004.   Nonetheless, J  Communications 
did not file a  written notice of appearance  by March 10,  2004, 
nor did it  appear in  person or  by attorney  at the  prehearing 
conference held on April 7, 2004.    

8 See 47 C.F.R.  95.1.  
9  47  C.F.R.    95.631(a).   That  provision  limits  non-voice 
emissions from GMRS  transmitters to selective  calling or  tone-
operated  squelch   tones   to  establish   or   continue   voice 
communications.   See also 47 C.F.R.  95.181(f), (g).  
10 47 C.F.R.  95.631(f).
11 47 C.F.R.  95.603(a).  See also 47 C.F.R.  2.803(a)(1).
12 OET  originally  granted  J  Communications'  Application  for 
Equipment Authorization (FCC Form 731) for its GMRS radios on May 
2, 2001.  OET reissued the certification on March 20, 2002, after 
testing the  device in  accordance with  its post-grant  sampling 
program.
13 Emissions are designated by an alphanumeric code according  to 
their classification and necessary  bandwidth.  The first  symbol 
designates the  type of  modulation of  the main  character,  the 
second symbol designates the  nature of signal(s) modulating  the 
main carrier,  and  the  third  symbol  designates  the  type  of 
information to be transmitted.  F3E  is an emission in which  the 
main carrier is angle-modulated  using frequency modulation in  a 
single channel containing analogue telephony information.  See 47 
C.F.R.  2.201.
14 Letter  from  Joseph P.  Casey,  Chief, Technical  and  Public 
Safety Division, Enforcement Bureau, to Jong-Oh Kim, President, J 
Communications Co., Ltd. (June 20, 2003).
15 Letter  from Jong-Oh  Kim,  President, J  Communications  Co., 
Ltd., to  Joseph P.  Casey, Chief,  Technical and  Public  Safety 
Division, Enforcement Bureau (July 7, 2003).
16 F2D  is  an emission  in  which  the main  carrier  is  angle-
modulated using frequency modulation,  the signal modulating  the 
main carrier is a single channel containing quantized or  digital 
information with the use of a modulating subcarrier, and the type 
of  information  to  be   transmitted  is  data,  telemetry,   or 
telecommand.  See 47 C.F.R.  2.201.
17 47 C.F.R.  2.939(a)(2).
18 47 C.F.R.  2.939(a)(4).