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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 TO SHOW CAUSE 
     
Adopted:  February 4, 2004                        Released:  
February 9, 2004

By the Commission:

I. INTRODUCTION

        1.     In this Order to Show Cause, we commence a hearing 
   proceeding  pursuant  to  Section 2.939  of  the  Commission's 
   Rules   (``Rules''),1  to  determine  whether  the   equipment 
   authorization  held   by  J  Communications  Co.,  Ltd.   (``J 
   Communications'')   for  its  General  Mobile  Radio   Service 
   (``GMRS'')  radios,  FCC ID#  OAJFR1-GPS, should  be  revoked.  
   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.     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.3   Section 95.631(a)  of the  Rules 
   generally  limits GMRS transmitters to voice  communications,4  
   and  Section 95.631(f) of the  Rules explicitly provides  that 
   no  GMRS  transmitter shall  transmit non-voice  data.5   GMRS 
   transmitters must  be authorized in accordance with the  FCC's 
   certification procedures prior to marketing.6  

        3.       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.7    This   certification  explicitly  authorizes  F3E8  
   (voice) emissions only. 

        4.     In response to a complaint alleging that the  GMRS 
   radios manufactured  by J Communications transmit GPS data  in 
   violation  of Section  95.631 of  the Rules  and the  explicit 
   terms   of    the   equipment   authorization   held   by    J 
   Communications,  the  Enforcement Bureau  issued a  letter  of 
   inquiry (``LOI'')  to J Communications on June 20, 2003.9   In 
   its response to the LOI,10 J Communications acknowledged  that 
   its  radios  use  F2D11  (data)  emissions  to  transmit   GPS 
   location  information on GMRS  frequencies.  J  Communications 
   asserts that  when it submitted samples of the GMRS radios  to 
   the  FCC for testing  and authorization, it  also submitted  a 
   copy of the user manual for the radios.  Section 3.4-2 of  the 
   user  manual, entitled GPS  Function, indicates that  ``[t]his 
   feature  provides  you  to inform  or  transmit  your  current 
   position to another party.''  J Communications maintains  that 
   it  was under the impression  that  F2D emissions are  covered 
   by  this statement and  that the FCC  approved such  emissions 
   when  it granted  the certification  for the  GMRS radios.   J 
   Communications   also  indicates  that  it  has   manufactured 
   approximately 7,500 of the GMRS radios for sale in the  United 
   States.  

III.  DISCUSSION 

        5.      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.''12   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.''13   The Commission  is required  to follow  the 
   same procedures  in revoking an equipment authorization as  it 
   does  in  revoking a  radio  station license.14   Pursuant  to 
   Section 312(c) of the Communications Act of 1934, as  amended, 
   before revoking  a radio station license, the Commission  must 
   serve the licensee with an order to show cause why  revocation 
   should  not  issue  and  must provide  the  licensee  with  an 
   opportunity for hearing.15

        6.      As  noted  above,  Section 95.631  of  the  Rules 
   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.   J Communications  asserts that  the 
   user  manual that  it submitted  to OET  along with  the  GMRS 
   radios indicates  that the radios are capable of  transmitting 
   GPS location information.16  However, we note that in Item  12 
   of  its  Application  for Equipment  Authorization,  which  is 
   entitled  Equipment Specifications,  J Communications  clearly 
   specifies  F3E  as the  only  emissions designator  for  these 
   radios.  Moreover, irrespective of any language in the  user's 
   manual,  this   equipment  is  required  to  conform  to   the 
   Commission's  rules   and  the  express  limitations  of   its 
   certification.  It  appears that the GMRS radios  manufactured 
   by  J Communications under FCC  ID# OAJFR1-GPS do not  conform 
   either  to  the  applicable technical  requirements  for  GMRS 
   transmitters   or   to   the   representations   made   by   J 
   Communications    in    its    Application    for    Equipment 
   Authorization.  Furthermore,  the fact that these GMRS  radios 
   are  capable  of  transmitting  GPS  location  information  is 
   apparently  a condition that would  warrant the Commission  in 
   refusing  to  grant  an  original  application  for  equipment 
   authorization   for  such   devices.   Accordingly,   we   are 
   designating this  matter for hearing before an  Administrative 
   Law  Judge to  determine whether  the equipment  certification 
   held  by  J Communications  for  its  GMRS radios,  FCC  ID  # 
   OAJFR1-GPS, should be revoked.

IV.  ORDERING CLAUSES

        7.      Accordingly,  IT  IS ORDERED  that,  pursuant  to 
   Section  2.939(b) of  the Rules,  J Communications  is  hereby 
   ORDERED TO SHOW CAUSE why its equipment authorization, FCC  ID 
   # OAJFR1-GPS,  SHOULD NOT BE REVOKED.  J Communications  SHALL 
   APPEAR before an Administrative Law Judge at a time and  place 
   to be  specified in a subsequent order and give evidence  upon 
   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.

        8.      IT IS FURTHER ORDERED that, pursuant to  2.939(b) 
   of the  Rules, to avail itself of the opportunity to be  heard 
   and  to present evidence  at a hearing  in this proceeding,  J 
   Communications, in  person or by an attorney, SHALL FILE  with 
   the  Commission, within  thirty days  of the  release of  this 
   Order  to Show  Cause, a  written appearance  stating that  it 
   will appear at the hearing and present evidence on the  issues 
   specified above.  If J Communications  fails to file a  timely 
   notice of  appearance, its right to a hearing SHALL BE  DEEMED 
   TO BE  WAIVED.  In the event that J Communications waives  its 
   right  to a hearing,  the Chief Administrative  Law Judge  (or 
   the  presiding officer if one  has been designated) 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.    

        9.      IT IS FURTHER  ORDERED that, pursuant to  Section 
   0.111(b)  of the Rules,17 the  Enforcement Bureau shall  serve 
   as trial staff in this proceeding. 

        10.    IT  IS  FURTHER  ORDERED   that,  the  burden   of 
   proceeding  with the introduction of  evidence and the  burden 
   of proof  with respect to the issues specified above shall  be 
   on the Enforcement Bureau. 
        11.    IT IS FURTHER ORDERED that a copy of this Order to 
   Show  Cause shall be  sent by Certified  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


     
                         Marlene H. Dortch
                         Secretary
  




_________________________

1  47 C.F.R.  2.939.
2  47 C.F.R.  95.631.
3  See 47 C.F.R.  95.1.  
4  47  C.F.R.   95.631(a).  Under  Section 95.631(a),  non-voice 
emissions from GMRS transmitters are limited to selective calling 
or tone-operated  squelch tones  to establish  or continue  voice 
communications.   See also 47 C.F.R.  95.181(f), (g).  
5  47 C.F.R.  95.631(f).
6  47 C.F.R.  95.603(a).  See also 47 C.F.R.  2.803(a)(1).
7   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.
8  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.
9   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).
10  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) (``LOI Response'').
11  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.
12 47 C.F.R.  2.939(a)(2).
13 47 C.F.R.  2.939(a)(4).
14 47 C.F.R.  2.939(b).
15 47 U.S.C.  312(c).
16 LOI Response at 1.
17 47 C.F.R.  0.111(b).