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July 9, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lance McCuistion, d/b as
LM Services and
Scorpion Jammer Technology
1224 West 96th Avenue
Thornton, CO 80260-5467
Re: File No. EB-05-SE-253
Dear Mr. McCuistion:
This is an official CITATION, issued to Mr. Lance McCuistion, d/b as LM
Services and Scorpion Jammer Technology ("Scorpion") pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended ("Act") for
marketing unauthorized radio frequency devices in the United States,
specifically, the Scorpion "Ultimate" KA Jammer and Scorpion Jammer
devices, in violation of Section 302(b) of the Act, and Section 2.803 of
the Commission's Rules ("Rules"). In addition, you have failed to respond
to directives of the Enforcement Bureau to provide certain information and
documents. As explained below, future violations of the Commission's rules
may subject your company to monetary forfeitures.
On June 14, 2005, December 15, 2006, and January 25, 2007, staff from the
Spectrum Enforcement Division observed on your website,
www.scorpionjammers.com, that Scorpion was marketing the above-listed
radio frequency devices. On July 2, 2007, staff from the Spectrum
Enforcement Division observed that Scorpion was marketing the above-listed
radio frequency devices on another website, www.activejammers.com.
By Letter of Inquiry ("LOI") dated September 1, 2005, the Spectrum
Enforcement Division of the Enforcement Bureau initiated an investigation
into whether Scorpion is manufacturing and marketing in the United States
unauthorized radio frequency devices, specifically, police radar jammers.
In response to our LOI, we received a letter from Max McCuistion in which
he stated that Lance McCuistion is Scorpion's sole proprietor and that
Lance McCuistion conducts all business operations. The response also
stated that any further request for information would have to be addressed
to Lance McCuistion at Scorpion Jammer Technology, 1224 West 96th Avenue,
Thornton, Colorado 80260. On February 5, 2007, the Spectrum Enforcement
Division sent a second LOI to Scorpion, addressed to Lance McCuistion at
the address provided by Max McCuistion. The February 5, 2007, LOI directed
Scorpion to provide the answers to specific questions concerning its
equipment and to provide samples of its devices for testing. Scorpion has
neither provided a response to the questions posed, nor provided samples
of the specified devices. United States Postal Service records show that
the February 5, 2007, LOI was delivered to your address on February 10,
Section 302(b) of the Act provides that "[n]o person shall ... 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 Rules, provides that:
[N]o 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 S: 2.925 and other relevant sections in this
Pursuant to Section 15.201(b) of the Rules, intentional radiators must
ordinarily be authorized in accordance with the certification procedure
prior to marketing in the United States. It does not, however, appear that
the jammer devices identified above are capable of receiving a grant of
certification. In this regard, the stated purpose of police radar jammers
is to block or interfere with licensed police communication. Such use is
clearly prohibited by Section 333 of the Act, which prohibits any person
from willfully or maliciously interfering with or causing interference to
any radio communications of any station licensed or authorized by the
Commission. Thus, devices such as police radar jammers that intentionally
interfere with licensed radio communications are not eligible for
certification. Further, Section 2.803(g) of the Rules provides in
pertinent part that:
[R]adio frequency devices that could not be authorized or legally operated
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 this chapter or a special temporary
authorization issued by the Commission.
Sections 4(i), 4(j), and 403 of the Act, afford the Commission broad
authority to investigate the entities it regulates. Section 4(i)
authorizes the Commission to "issue such orders, not inconsistent with
this Act, as may be necessary in the execution of its functions." Section
4(j) states that "the Commission may conduct its proceedings in such
manner as will best conduce to the proper dispatch business and to the
ends of justice." Section 403 grants the Commission "full authority and
power at any time to institute an inquiry, on its own motion, in any case
and as to any matter or thing concerning which complaint is authorized to
be made, to or before the Commission by any provision of this Act, or
concerning which any question may arise under any of the provisions of
this Act." Pursuant to this authority, we sent you LOIs (copies enclosed)
directing you to provide certain information and documents on September 1,
2005, and February 5, 2007. A representative of Scorpion, Max McCuistion,
submitted an incomplete response to the September 1, 2007, LOI. As of this
date, we have received no response to the February 5, 2007, LOI. Your
partial response indicates that you received the first LOI. The certified
mail tracking system provided by the United States Post Office indicates
that you received the second LOI. Accordingly, we find that you violated
Commission orders by failing to respond fully to Enforcement Bureau
directives to provide certain information and documents.
The record before us indicates that Scorpion apparently is and has been
marketing the Scorpion "Ultimate" KA Jammer and Scorpion Jammer devices.
Accordingly, it appears that Scorpion has violated Section 302(b) of the
Act and Section 2.803 of the Rules by marketing the devices, which are not
eligible for a grant of equipment certification because they are intended
to interfere with licensed police radar, in violation of Section 333 of
the Act. Furthermore, Scorpion apparently violated Commission orders by
failing to respond to Enforcement Bureau directives to provide certain
information and documents.
A party may not ignore the directives in a Bureau inquiry letter. You are
again ordered, pursuant to Sections 4(i), 4(j) and 403 of the Act, to
provide the information sought by our letter of February 5, 2007. You must
provide this information within 14 days of the date of this citation. If
sent by mail, this information should be sent to Susan Stickley, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 3-A463, Washington, D.C. 20554.
Scorpion must also transmit a copy of this information via facsimile to
If, after receipt of this citation, Scorpion violates the Communications
Act or the Commission's rules in any manner described herein, including
the continued marketing of police radar jammer devices and the continued
failure to respond to the letter of inquiry issued by the Spectrum
Enforcement Division, the Commission may impose monetary forfeitures not
to exceed $11,000 for each such violation or each day of a continuing
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 Scorpion
is taking to ensure that it does not violate the Commission's rules
governing the manufacturing and marketing of police radar jamming devices
in the future.
Your nearest Commission field office is the Denver Field Office. Please
call Susan Stickley at 202-418-0871 if you wish to schedule a personal
interview. You should schedule any interview to take place within 14 days
of the date of this letter. You should send any written statement within
14 days of the date of this letter to:
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Federal Communications Commission
445-12th Street, S.W., Rm. 3-C366
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. S: 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
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. S: 1001.
Thank you in advance for your anticipated cooperation.
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
47 U.S.C. S: 503(b)(5).
Our information indicates that Scorpion may have discontinued
manufacturing and marketing radio frequency devices designated as the
Phantom RCD and the Phantom RDC XP. If Scorpion is continuing to market
the Phantom RCD and/or the Phantom RCD XP, this citation also applies to
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803.
"Marketing is defined as "sale or, or offering for sale or lease,
including advertising for sale or lease, or importation, shipment, or
distribution for the purpose of selling or leasing or offering for sale or
lease." 47 C.F.R. S: 2.803(e)(4).
Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, to Max McCuistion, Scorpion Jammer Technology (September 1,
Based on your website, it appears that you have manufactured similar
devices in the past:
We are the manufacturer of the Phantom "RCD," Phantom XP and Scorpion
Active Radar Jammers. Lance McCuistion has been involved in the production
of these units since they started out being made by Phantom Technology in
1996. Lance acquired the sole rights to keep producing the "active" radar
jamming product called the Phantom after Phantom Technology went out of
business. Now we have upgraded the old technology to manufacture the most
powerful jammer yet capable of beating the new digital radar guns that
have hit todays highways called the "Scorpion."
However, we currently do not have sufficient evidence to confirm the
manufacture of the noted models.
Letter from Max McCuistion, Customer Service, Scorpion Jammer Technology,
to Federal Communications Commission (Letter undated, received September
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, to Lance McCuistion, Scorpion Jammer Technology
(February 5, 2007).
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S: 15.201(b).
47 U.S.C. S: 333.
47 C.F.R. S: 2.803(g).
47 U.S.C. S:S: 154 (i), 154 (j) and 403.
See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
7591 (2002). In SBC Communications, the Commission assessed a $100,000
forfeiture against a carrier for its willful refusal to supply a sworn
declaration in response to an Enforcement Bureau letter of inquiry. The
Commission stated: "[T]he order here was squarely within the Commission's
authority and, in any event, parties are required to comply with
Commission orders even if they believe them to be outside the Commission's
authority." Id. at 7591.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 07-2994
Federal Communications Commission DA 07-2994
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554