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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
May 20, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Keith S. Clark, President
P.O. Box 564
East Hampstead, NH 03826
Re: File No. EB-
Dear Mr. Clark:
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
unauthorized radio frequency devices 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 15, 2005, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau initiated an
investigation into whether Sandown Wireless (``Sandown'') is
marketing in the United States unauthorized radio frequency
devices, specifically, radio frequency jammers which can disrupt
communications on cellular and Personal Communications Service
frequencies, as well as other wireless radio services.
At the time of that letter, March 15, 2005, we observed on
your website, www.criticalradio.com, your advertisement for sale
of the following radio frequency devices:
1) CJ7 - Jams cellular and similar types of mobile phones
operating on the following frequency bands: 860 to 885
MHz, 925 to 965 MHz, 1800 to 1950 MHz, with optional
jamming on the 2100 to 2200 MHz band.
2) CJ7A - Jams the same frequencies as the CJ7.
3) CJ8A - Jams the same frequencies as the CJ7, plus
Family Radio Service communications on the 462.5625 to
467.7125 MHz band.
4) CJ9A - Jams the same frequencies as the CJ8A.
5) CJ10A - Jams the same frequencies as the CJ8A.
6) TRJ-89 - High power jammer that operates on the same
frequencies as the CJ8A, except that jamming on the
2100 to 2200 MHz band is standard rather than
We received your response, dated March 26, 2005, in which
you admitted that you marketed jamming equipment on four websites
from January 1, 2005 to approximately March 20, 2005.1 You
stated that you marketed these devices to state and local
governments but had not yet sold any of the radio frequency
jammer models described on your websites. You also stated that
following receipt of our letter, you removed the advertisements
for these products from your websites.
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 cell phone jammers must
be authorized in accordance with the FCC's certification
procedures prior to the initiation of marketing2 in the U.S. In
response to our question as to whether the jammers you offered
for sale are certified, you responded that you rely on the
manufacturer (Antenna Systems and Supplies) ``to have their
equipment certified if required.'' Based on your failure to
provide FCC Identification numbers or other documentation showing
that the jammers you market have been certified, as well as our
review of the Commission's equipment authorization database, it
appears that these devices have not been certified. Moreover, it
does not appear that these devices are capable of receiving a
grant of certification. In this regard, the main purpose of cell
phone and other wireless jammers is to block or interfere with
radio communications. Such use is clearly prohibited by Section
333 of the Act, 47 U.S.C. § 333, which states that ``[n]o person
shall willfully or maliciously interfere with or cause
interference to any radio communications of any station licensed
or authorized by or under this Act or operated by the United
States Government.'' Thus, a device such a jammer which
intentionally interferes with radio communications is not
eligible for certification.3
On your websites and in the marketing materials that you
included with your response, you stated that ``[c]ellular jammers
are not authorized and legal for use in the U.S. private sector
and will only be sold and registered to DOD, Federal, State, and
Local Law Enforcement Agencies. These agencies have been given
special disposition by U.S. Federal Law.'' Section 302(c) of the
Act and Section 2.807(d) of the Rules4 exempt radio frequency
devices for use by the federal government from the general
prohibition on marketing of unauthorized equipment. However,
contrary to the statement on your websites and in your marketing
materials, there is no similar exemption allowing the marketing
of unauthorized radio frequency devices to state and local law
Accordingly, it appears that Sandown has violated
Section 302(b) of the Act and Section 2.803(a) of the rules
by marketing in the United States the six unauthorized radio
frequency devices listed above.
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. 5
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 Boston
District Office, in Quincy, Massachusetts. Please call Katherine
Power 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:
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
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 These four websites operated by Keith Clark (dba Sandown) are:
www.criticaltowers.com, and www.dispatchcomm.com.
2 Section 2.803(e)(4) of the Rules defines ``marketing'' as
the ``sale or lease, or offering to sale or lease, including
advertising for sale or lease, or importation, shipment or
distribution for the purpose of selling or leasing or
offering for sale or lease.'' 47 C.F.R. § 2.803(e)(4).
3 Furthermore, Section 2.803(g) of the Rules provides that radio
frequency devices that could not be authorized or legally
operated under the rules ``shall not be operated, advertised,
displayed, offered for sale or lease, sold or leased, or
otherwise marketed absent a license issued under part 5 of this
chapter or a special temporary authorization issued by the
Commission.'' 47 C.F.R. § 2.803(g).
4 47 C.F.R. § 2.807(d).
5 See 47 C.F.R. § 1.80(b)(3).