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
                                                               
August 22, 2005




VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Alex Wei,
Product Manager
Blitzz Technology, Inc.
53 Parker
Irvine, CA 92618



                                             Re:   File No. EB-
                                             04-SE-253
Dear Mr. Wei:

     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 
unlabeled 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)(1) of the Commission's Rules 
(``Rules''), 47 C.F.R.  2.803(a)(1).  As explained below, future 
violations of the Commission's rules in this regard may subject 
your company to monetary forfeitures.

     By letter dated December 7, 2004, the Spectrum Enforcement 
Division of the Commission's Enforcement Bureau initiated an 
investigation into whether Blitzz Technology, Inc. (``Blitzz'') 
is marketing in the United States unauthorized radio frequency 
devices, specifically, the Super G Wireless - 108 Mbps 802.11g 
Wireless PCI Adaptor, model number BWI 715 (``model number BWI 
715 wireless adaptor'').  This letter was in response to a 
complaint alleging that the model number BWI 715 wireless adaptor 
did not appear to have an FCC ID posted on the unit or on the 
packaging and was being sold to consumers by Wal-Mart. 

     At the time of that letter, we confirmed from your website, 
www.blitzzusa.com, and from the Wal-Mart website, 
www.walmart.com, that the model number BWI 715 wireless adaptor 
was being offered for sale in the United States. 

     In response to our letter of inquiry, you sent us a letter 
dated February 1, 2005 (envelope postmarked May 2, 2005).  In 
this letter you claimed that the device does have a valid FCC 
certification, FCC ID number KA22003070025-1, which was granted 
to D-Link Corporation (``D-Link''). You also provided a copy of a 
letter from D-Link authorizing Blitzz to use D-Link's FCC ID for 
your BWI-715 wireless adaptor.  The letter from D-Link also 
stated that this device is identical in all respects to the 
original, certified equipment. You did not deny that the wireless 
adaptor sold by Blitzz did not have the proper labeling described 
in Section 2.925(a)(1), 47 C.F.R.  2.925(a)(1), and required 
prior to marketing by Section 2.803(a)(1) of the Rules, 47 C.F.R. 
 2.803(a)(1).  You said that you have stopped the importation of 
this device and will not import it in the future, but you did not 
indicate if you intended to label, or otherwise cease marketing, 
any unlabeled inventory that may still remain in your possession 
within the U.S.  We caution you that the marketing of any 
remaining inventory of unlabeled wireless adaptors would 
constitute a further violation of Section 302(b) of the Act and 
Section 2.803(a) of the 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.

Accordingly, it appears that Blitzz has violated Section 302(b) 
of the Act and Section 2.803(a)(1) of the Rules by marketing in 
the United States the unlabeled 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. 1
 
     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 Los 
Angeles District Office, in Cerritos, California.  Please call 
Gabriel Collazo 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: 

               Brian Butler
               Assistant Chief, Spectrum Enforcement Division
               Enforcement Bureau
               Federal Communications Commission
               445-12th Street, S.W., Rm. 7-A629
               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
_________________________

1 See 47 C.F.R.  1.80(b)(3).