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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Navtech Seminars and GPS Supply
6121 Lincolnia Rd
Alexandria, VA 22312-2707
Re: File No. EB-04-SE-
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
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
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
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,
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
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.
Kathryn S. Berthot
Deputy Chief, Spectrum Enforcement
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,
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,
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).