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              FEDERAL COMMUNICATIONS COMMISSION
                   WASHINGTON, D.C.  20554
                                                      August 
29, 2005


VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Joe Renzhou Yao
Joe's Photo Auction
256 St. Nicholas Ave.
Brooklyn, NY  11237

                                        Re:   File No. EB-
                                        05-SE-350

Dear Mr. Yao:

     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 December 2, 2004,1 the Spectrum 
Enforcement Division of the Commission's Enforcement Bureau 
initiated an investigation into whether Joe's Photo Auction 
is marketing in the United States unauthorized radio 
frequency devices, specifically radio-controlled flash 
trigger units.  You responded by letter dated December 12, 
2004.2  In your response, you indicated that the flash 
triggers were imported from the Shanghai Jinbei Photographic 
Equipments Co., Ltd. located in China.  You stated that it 
was your belief that, because Customs cleared the shipment, 
the use or sale of the product in the United States was 
permitted.

     In subsequent correspondence, the Enforcement Bureau 
informed you that Customs clearance alone does not indicate 
that a product has received FCC certification.3  
Furthermore, we noted that we were unable to confirm the 
authorization status of the units.4  In reply, you indicated 
that Joe's Photo Auction has imported a total of 130 radio-
controlled flash trigger units.5  You admitted that the 
units do not bear an FCC label and have not obtained an FCC 
certification.  You also stated that you now understand that 
the flash trigger units may not be sold in the United 
States.

     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 radio-
controlled flash trigger unit, must be authorized in 
accordance with the FCC's certification procedures prior to 
the initiation of marketing in the United States.  
Accordingly, it appears that Joe's Photo Auction 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.  Finally, we caution 
you that the marketing of any remaining inventory of the 
radio-controlled flash trigger units 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 is the New York 
Office in New York, NY.  Please call Neal McNeil at 202-418-
2408 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 S. 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 S. Berthot
                         Deputy Chief, Spectrum Enforcement 
                         Division
                         Enforcement Bureau
                         Federal Communications Commission
_________________________

1 See Letter from Kathryn S. Berthot, Deputy Division, 
Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Renzhou Yao (December 2, 
2004).

2 See Letter from Joe Renzhou Yao, Owner of Joe's Photo 
Auction, to Neal McNeil, Spectrum Enforcement Division, 
Enforcement Bureau, Federal Communications Commission 
(December 12, 2004).

3 See Letter from Kathryn S. Berthot, Deputy Division, 
Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Joe Renzhou Yao (June 8, 
2005).

4 Id.
5 See Letter from Joe Renzhou Yao, Owner of Joe's Photo 
Auction, to Neal McNeil, Spectrum Enforcement Division, 
Enforcement Bureau, Federal Communications Commission (June 
28, 2005).

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