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
                                                    November  22, 
2005


VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE

Navtech Seminars and GPS Supply
Suite 400
6121 Lincolnia Rd
Alexandria, VA  22312-2707

                                        Re:   File No. EB-04-SE-
                                        362

Dear Sir or Madame:

     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 a 
radio frequency device in the United States in violation of 
Section 302(b) of the Communications Act, 47 U.S.C.  302(b), and 
Sections 2.803 and 15.205(a) of the Commission's Rules 
(``Rules''), 47 C.F.R.  2.803 and 15.205(a).  As explained 
below, future violations of the Commission's rules in this regard 
may subject your company to monetary forfeitures.

     By letter dated January 11, 2005,1 (Letter of Inquiry) the 
Spectrum Enforcement Division (SED) of the Commission's 
Enforcement Bureau informed Navtech Seminars and GPS Supply 
(Navtech) that it had initiated an investigation into whether 
Navtech was marketing Global Positioning Satellite (GPS) Re-
Radiation Kits and GPS Signal Repeater Kits in the United 
States.2  The letter requested information regarding, among other 
things, the number of GPS Re-Radiation Kits sold to non-federal 
government entities.

     In its response to SED's Letter of Inquiry, Navtech 
indicated that it does not manufacture any of the GPS Re-
Radiation or Repeater Kits that it markets.3  Additionally, 
Navtech states that, based on its own ability to purchase the 
units that it later re-sold, it was unaware that FCC rules 
restricted sale of the equipment to federal government entities.  
Navtech notes that it sold 103 units to non-federal government 
customers prior to receiving SED's Letter of Inquiry.  Subsequent 
to receipt of the letter however, Navtech indicates that it 
revised its sales policy.  Navtech has since placed the following 
advice on its website:

     ``Please note: re-radiation kits are currently only 
     available for purchase to International Customers and in 
     cases where the U.S. Government is the end user.''

     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 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.

     Additionally, Section 2.803(g) of the Rules provides that:

     Devices that could not be operated or legally authorized 
     under the current 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 the Chapter or a special temporary authorization 
     issued by the Commission.

     Pursuant to Section 15.201(b) of the Rules, 47 C.F.R.  
15.201(b), intentional radiators must be authorized in accordance 
with the FCC's certification procedures prior to the initiation 
of marketing in the United States.  However, GPS re-radiators 
operate within the restricted frequency bands listed in Section 
15.205(a) of the Rules, 47 C.F.R.  15.205(a).4  Thus, GPS re-
radiators cannot comply with the FCC's technical standards and 
therefore cannot be certificated or marketed for use by the 
general public or non-federal government entities.  Accordingly, 
it appears that Navtech has violated Section 302(b) of the Act 
and Sections 2.803 and 15.205(a) of the Rules by marketing in the 
United States radio frequency devices that are not eligible to 
receive a grant of certification.

     You should be aware that the Commission has recently 
addressed a Petition for Rulemaking and a Request for Waiver 
seeking amendment of FCC regulations to permit the marketing of 
GPS re-radiation kits.5   By Order released July 6, 2005, the 
FCC's Office of Engineering and Technology (OET) denied the 
Petition for Rulemaking and Request for Waiver.6  OET noted that 
the Petition raised significant issues that needed further study 
and therefore did not warrant consideration at the time.  
Accordingly, Navtech is reminded that at this time GPS re-
radiating devices are not permitted to be sold to the general 
public or to state or local governments.

     The Commission's rules do not prohibit sales of GPS re-
radiator devices to federal government agencies.7  However, prior 
to selling the devices to any federal agency, Navtech should 
verify that the customer has obtained the proper authorizations 
for use.  Federal agencies may obtain such authorization by 
contacting the National Telecommunications and Information 
Administration (NTIA).  Requirements for federal agency use of 
GPS re-radiators are contained in Chapter 8.3.28 of the NTIA 
manual.

     In light of the above, Navtech should not complete sales to 
any domestic entity until the customer has provided proof of 
authorization as described herein.  Furthermore, any 
advertisement for sale of these products should clearly indicate 
that the GPS re-radiators are only available for sale to foreign 
customers or U.S. federal government agencies.  Any print or 
Internet advertisement must include the following statement:

     ``GPS re-radiator devices may be sold only to foreign 
     parties or those domestic parties operating under direction 
     of an agency of the U.S. Federal Government.  Domestic 
     customers must provide proof of authorization obtained from 
     the National Telecommunications and Information 
     Administration (NTIA) before a transaction can be completed.  
     For further information regarding NTIA requirements, see 
     Chapter 8.3.28 of the NTIA manual, 
     http://www.ntia.doc.gov/osmhome/redbook/8.pdf.''

     If, after receipt of this citation, Navtech 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. 8

     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 Navtech is taking to 
ensure that it do not violate the Commission's rules governing 
the marketing of radio frequency equipment in the future.

     The nearest Commission field office is the Columbia Office 
in Columbia, MD.  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

cc: Robert G. Kirk, Esq.
_________________________

1 See Letter from Kathryn Berthot, Deputy Division, Spectrum 
Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, to Navtech Seminars and GPS Supply (January 11, 
2005).

2 GPS re-radiators and repeaters receive the GPS signal and re-
transmit the amplified signal through another antenna.  These 
devices are commonly used to deliver a strong GPS signal indoors 
for testing, calibrating, or experimenting with GPS receivers in 
a controlled environment.

3 See Letter from Robert G. Kirk to Neal McNeil (March 2, 2005).

4 Section 15.205(a) allows intentional radiators to transmit only 
spurious emissions in the restricted frequency bands.  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.''  The re-radiators and repeaters purposely transmit 
RF energy on these restricted frequencies.
5 See Public Notice, Report No. 2662, released June 25, 2004, 
regarding RM-11002.  

6 See Order In the Matter of Petition for Rulemaking of the Part 
15 Regulations and Request for Waiver of the Part 2 Marketing 
Regulations, RM-11002, FCC 05-136, 20 FCC Rcd. 12256 (2005).

7 See 47 C.F.R.  2.807(d).

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