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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
2576 Barrington Court
Hayward, CA 94545
Re: File No. EB-
Dear Mr. Ho:
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
importing and 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.
By letter dated March 7, 2005,1 the Spectrum
Enforcement Division of the Commission's Enforcement Bureau
initiated an investigation into whether Gilsson Technologies
(``Gilsson'') is marketing in the United States unauthorized
radio frequency devices, specifically the R-1 and R-2 Re-
Radiator GPS Antennas. You responded by letter dated March
26, 2005.2 In your response, you admit that Gilsson began
marketing the R-1 (RA-45) and R-2 (RA-46 or Vortech) Re-
Radiator GPS Antennas around March 2002, and that the
devices were available through your website www.gilsson.com,
through eBay.com, and an ``antenna'' brochure. In addition,
you stated that Gilsson has sold 50 units of R-1 and 100
units of R-2 Re-Radiator GPS Antennas.3 You identified the
manufacturer of the devices as San Jose Navigation, Inc., a
company headquartered in Taipei, Taiwan.
You further stated that Gilsson had assumed that San
Jose Navigation had secured any and all certifications for
the R-1 and R-2 Re-Radiator GPS Antennas, as it did with
other GPS related devices. You indicated that as an
importer of finished goods you were not aware of FCC
regulations relating to certification and asserted that you
rely solely on the manufacturers of goods to obtain
certifications and approvals prior to exporting to the
United States. In addition, you asserted that Gilsson had
no reason to suspect that San Jose Navigation had not
secured necessary FCC certifications for its extensive
exports to the United States. You acknowledged that the R-1
and R-2 Re-Radiator GPS Antennas were not certified in
accordance with Commission rules.
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
labeled 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 R-1 and
R-2 Re-Radiator GPS Antennas, must be authorized in
accordance with the FCC's certification procedures
prior to the initiation of marketing in the United
States. Moreover, the R-1 and R-2 Re-Radiator GPS
Antennas operate 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 emissions4 in the restricted
frequency bands. Thus, the R-1 and R-2 Re-Radiator GPS
Antennas apparently cannot comply with the FCC's
technical standards and therefore would not be capable
of receiving a grant of equipment certification.
Furthermore, Gilsson admits in its letter of March 26,
2005 that the manufacturer does not hold a
certification for the R-1 and R-2 Re-Radiator GPS
Antennas.5 Accordingly, it appears that Gilsson has
violated Section 302(b) of the Act and Section 2.803(a)
of the Rules by importing and marketing in the United
States unauthorized radio frequency devices.
Your letter of March 26, 2005 indicates that Gilsson
ordered 350 R-1 and 250 R-2 Re-Radiator GPS Antennas on
March 1, 2005, and Gilsson expects the order to be delivered
to its warehouse soon. You are cautioned that the marketing
of this shipment would constitute a further violation of
Section 302(b) of the Act and Section 2.803(a) of the Rules.
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. 6
If you choose to do so, 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
San Francisco Office in Pleasanton, California. Please call
Yasin Ozer at 202-418-1210 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:
Deputy Chief, Spectrum Enforcement Division
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.
Deputy Chief, Spectrum Enforcement
Federal Communications Commission
1 See Letter from Kathryn S. Berthot, Deputy Division,
Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, to Ming-Hang Ho, Gilsson
Technologies (March 7, 2005).
2 See Letter from Ming-Hang Ho, Gilsson Technologies, to
Thomas Fitz-Gibbon and Yasin Ozer, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications
Commission (March 26, 2005) (``Response'').
3 You also indicated that Gilsson has permanently removed
the R-1 and R-2 Re-Radiator GPS Antennas from its website.
4 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.''
5 Response at 2.
6 See 47 C.F.R. § 1.80(b)(3).