Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
J COMMUNICATIONS CO., LTD. ) EB Docket No. 04-28
Grantee of Equipment ) FRN # 0005-8369-60
Authorization for )
General Mobile Radio Service )
FCC ID# OAJFR1-GPS
ORDER OF REVOCATION
Adopted: June 14, 2004
Released: June 16, 2004
By the Chief, Enforcement Bureau:
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.
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
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).
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.
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,
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
5 See 47 C.F.R. § 1.91(c).
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
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).