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              FEDERAL COMMUNICATIONS COMMISSION
                   WASHINGTON, D.C.  20554
                                                  
                      September 2, 2005


VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Douglas Jensen
Vortex Media
5600 Post Road #114-335
East Greenwich, RI 02818


                                        Re:   File No. EB-
                                        05-SE-173

Dear Mr. Jensen:

     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: (1) marketing an unauthorized radio frequency (``RF'') 
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); and (2) importing RF devices without declaring an 
import condition in violation of Section 2.1203 of the 
Rules, 47 C.F.R.  2.1203.  As explained below, future 
violations of the Commission's rules in this regard may 
subject you to monetary forfeitures.

     Your response of July 14, 2005, to our letter of 
inquiry (``LOI'') indicates that you marketed an uncertified 
video transmitter designated as the ShotWatcher until June 
27, 2005.    According to your response, the ShotWatcher 
operates on an amateur frequency, 434 MHz.  Although amateur 
transmitters are not required to be certified prior to 
marketing, the enclosures to your response indicate that you 
are also marketing the Shotwatcher for professional video 
production.1  Therefore, we find that it is not amateur 
apparatus and must be classified as an intentional radiator2 
required by Section 15.201 of the Rules, 47 C.F.R.  15.201, 
to be approved prior to marketing through the certification 
procedures described in Sections 2.1031 - 2.1060 of the 
Rules, 47 C.F.R.  2.1031 - 2.1060.

     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 you have violated Section 
302(b) of the Act and Section 2.803(a) of the Rules by 
marketing an unauthorized RF device. 

     Your response to the LOI also indicates that you 
imported some of the transmitters used as components in the 
ShotWatcher from Canadian retailers without filing an FCC 
Form 740 (paper or electronic where available) with U.S. 
Customs declaring an import condition.3  Section 2.1203(a) 
of the Rules provides that ``[n]o radio frequency device may 
be imported into the Customs territory of the United States 
unless the importer or ultimate consignee, or their 
designated customs broker, declares that the device meets 
one of the conditions for entry set out in this section.''  
Accordingly, it appears that you have violated Section 
2.1203 of the Rules by importing RF devices without 
declaring an import condition.

     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. 4
 
     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 
Boston Office in Quincy, Massachusetts.  Please call Brett 
Greenwalt at 202-418-1303 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: 

               Thomas Fitz-Gibbon
               Spectrum Enforcement Division, Enforcement 
Bureau
               Federal Communications Commission
               445-12th Street, S.W., Rm. 7-A820
               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

_________________________

1For example, one of the advertisements for the ShotWatcher 
states that ``[t]he ShotWatcher is a small, light weight 
transmitter that can broadcast any camera's video signal to 
most hand-held televisions for viewing by producers, PA's, 
clients, directors, or anyone standing within a few hundred 
feet. ... The Shotwatcher can be used on every shoot - 
indoors, outdoors, run-and-gun, hand-held, b-roll, news, 
sports, documentaries - it makes no difference.''  
2An intentional radiator is ``A device that intentionally 
generates and emits radio frequency energy by radiation or 
induction.''  47  C.F.R.  15.3 (o).
3See 47 C.F.R.  2.1205.  The specific import conditions are 
set forth in Section 2.1204 of the Rules, 47 C.F.R.  
2.1204.

4See 47 C.F.R.  1.80(b)(3).