Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

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
                                                   April 8, 2005

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

GPS Outfitters, Inc.
Attn: Dave Ryberg, CEO
640 Airport Road
Winchester, Virginia 22602
                                             Re:   File No. EB-
                                             05-SE-063

Dear Mr. Ryberg:

     This is an official CITATION, issued pursuant to Section 
503(b)(5) of the Communications Act of 1934, as amended 
(``Communications Act''), 47 U.S.C.  503(b)(5), for marketing an 
unauthorized radio frequency device in the United States in 
violation of Section 302(b) of the Communications Act, 47 U.S.C. 
 302a(b), and Section 2.803(a) of the Commission's Rules 
(``Rules''), 47 C.F.R.  2.803(a).  As explained below, future 
violations of the Commission's rules in this regard may subject 
your company to monetary forfeitures.

     It has come to our attention that GPS Outfitters, Inc. 
(``GPS Outfitters'') has been marketing the Vortech Re-Radiator 
GPS Antenna in the United States.  Specifically, on March 4, 
2005, staff of the FCC Enforcement Bureau's Spectrum Enforcement 
Division observed that GPS Outfitters was offering the Vortech 
Re-Radiator GPS Antenna for sale on its website, 
www.gpsoutfitters.com.  Furthermore, GPS Outfitters has 
acknowledged in e-mail correspondence with Spectrum Enforcement 
Division staff that it has been marketing the Vortech Re-Radiator 
GPS Antenna and distributing this device to other retailers and 
dealers in the United States.1  

     Section 302(b) of the Act provides that ``[n]o person shall 
manufacture, import, sell, offer for sale, or ship devices or 
home electronic equipment and systems, or use devices, which fail 
to comply with regulations promulgated pursuant to this 
section.''  Section 2.803(a)(1) of the Commission's implementing 
regulations provides that:

     no person shall sell or lease, or offer for sale or lease 
     (including advertising for sale or lease), or import, ship, 
     or distribute for the purpose of selling or leasing or 
     offering for sale or lease, any radio frequency device 
     unless ... [i]n the case of a device subject to 
     certification, such device has been authorized by the 
     Commission in accordance with the rules in this chapter and 
     is properly identified and labelled as required by  2.925 
     and other relevant sections in this chapter.

Pursuant to Section 15.201(b) of the Rules, 47 C.F.R.  
15.201(b), intentional radiators, such as the Vortech Re-
Radiator GPS Antenna, must be authorized in accordance with 
the FCC's certification procedures prior to the initiation 
of marketing in the United States.  Moreover, the Vortech 
Re-Radiator GPS Antenna operates in frequency bands used for 
GPS, which are within the restricted frequency bands listed 
in Section 15.205(a) of the Rules, 47 C.F.R.  15.205(a).  
Section 15.205(a) allows intentional radiators to transmit 
only spurious emissions2 in the restricted frequency bands.  
Thus, the Vortech Re-Radiator GPS Antenna apparently cannot 
comply with the FCC's technical standards and therefore 
would not be capable of receiving a grant of equipment 
certification.  Accordingly, it appears that GPS Outfitters 
has violated Section 302(b) of the Act and Section 2.803(a) 
of the Rules by marketing in the United States unauthorized 
radio frequency devices.  

     If, after receipt of this citation, you violate the 
Communications Act or the Commission's rules in any manner 
described herein, the Commission may impose monetary forfeitures 
not to exceed $11,000 for each such violation or each day of a 
continuing violation. 3
 
     You may respond to this citation within 30 days from the 
date of this letter either through (1) a personal interview at 
the Commission's Field Office nearest to your place of business, 
or (2) a written statement.  Your response should specify the 
actions that you are taking to ensure that you do not violate the 
Commission's rules governing the marketing of radio frequency 
equipment in the future.  
     
     The nearest Commission field office appears to be the 
Columbia Office in Columbia, Maryland.  Please call Neal McNeil 
at 202-418-1160 if you wish to schedule a personal interview.   
You should schedule any interview to take place within 30 days of 
the date of this letter.  You should send any written statement 
within 30 days of the date of this letter to: 

               Kathryn Berthot
               Deputy Chief, Spectrum Enforcement Division
               Enforcement Bureau
               Federal Communications Commission
               445-12th Street, S.W., Rm. 7-C802
               Washington, D.C.  20554 

     Under the Privacy Act of 1974, 5 U.S.C.  552(a)(e)(3), we 
are informing you that the Commission's staff will use all 
relevant material information before it, including information 
that you disclose in your interview or written statement, to 
determine what, if any, enforcement action is required to ensure 
your compliance with the Communications Act and the Commission's 
rules.  

     The knowing and willful making of any false statement, or 
the concealment of any material fact, in reply to this citation 
is punishable by fine or imprisonment under 18 U.S.C.  1001.

     Thank you in advance for your anticipated cooperation.

                         Sincerely, 



                         Kathryn Berthot
                         Deputy Chief, Spectrum Enforcement 
                         Division
                         Enforcement Bureau
                         Federal Communications Commission
_________________________

1Additionally, in response to a Letter of Inquiry, Wal-Mart 
Stores, Inc. identified GPS Outfitters as its supplier of Vortech 
Re-Radiator GPS Antennas.  See Wal-Mart Stores, Inc., Citation, 
DA 05-1029 (Enf. Bur., Spectrum Enf. Div., released April 8, 
2005).
2 47 C.F.R.  2.1 defines spurious emissions as ``Emission on a 
frequency or frequencies which are outside the necessary 
bandwidth and the level of which may be reduced without affecting 
the corresponding transmission of information. Spurious emissions 
include harmonic emissions, parasitic emissions, intermodulation 
products and frequency conversion products, but exclude out-of-
band emissions.''
3 See 47 C.F.R.  1.80(b)(3).