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December 6, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jean Pierre De Melo
BRD Security Products, Inc. d/b/a Spybase.com
4527 Sepulveda Blvd. (Anza Center)
Torrance, CA. 90505
Re: File No. EB-07-SE-194
Dear Mr. Melo:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), to
BRD Security Products, Inc. d/b/a Spybase.com ("BRD") for marketing in the
United States unauthorized radio frequency devices in violation of Section
302(b) of the Act, 47 U.S.C. S: 302a(b), and Sections 2.803 and 15.205(a)
of the Commission's Rules ("Rules"), 47 C.F.R. S:S: 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 of inquiry dated October 9, 2007, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau ("the Division") initiated
an investigation into whether BRD is marketing in the United States
unauthorized radio frequency jamming or blocking devices, specifically, an
anti-wiretap equipment GPS intercept device (listed as Item No. WR2620), a
1.2/2.4 GHz wireless camera jammer (listed as Item No. RP-24G), and a
cellular phone blocker (listed as Item No. 1900BLK-110). The Division
observed advertisements for each of these jammer devices on BRD's web
site, www.Spybase.com, on August 20, 2007.
In your October 16, 2007 response, you admit that you imported 50 units of
the anti-wiretap equipment GPS intercept device (Item No. WR2620) into the
United States and began advertising this device on your web site,
www.Spybase.com, in October 2006. You also admit to the sale of 14 of
these GPS intercept devices to clients within the United States. You
further admit that you imported 5 units of the 1.2/2.4 GHz wireless camera
jammer (Item No.RP-24G) into the United States and began advertising this
device on your web site in February 2007. You state that you have never
"imported, exported, purchased or sold" the cellular phone blocker (Item
No.1900BLK-110); however, you state that you have advertised this device
on your web site with a disclaimer on the bottom of the web page that the
device is available for law enforcement only. You state that immediately
upon receipt of the Division's October 9, 2007 letter of inquiry, you
removed the advertisements for each device from your website. In addition,
along with your October 16, 2007 response to the Division's letter, you
shipped the remaining inventory of devices to the Commission.
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 S: 2.925 and other relevant sections in this
Additionally, Section 2.803(g) of the Rules, 47 C.F.R. S: 2.803(g),
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.
Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. S: 15.201(b),
intentional radiators must be authorized in accordance with the
Commission's certification procedures prior to the initiation of marketing
in the U.S. It does not, however, appear that any of the above-cited
jammer devices are capable of receiving a grant of certification. In this
regard, the main purpose of each of the jammer devices is to block or
interfere with radio communications. Such use is clearly prohibited by
Section 333 of the Act, 47 U.S.C. S: 333, which states that "[n]o person
shall willfully or maliciously interfere with or cause interference to any
radio communications of any station licensed or authorized by or under
this Act or operated by the United States Government." Moreover, the GPS
intercept device and the 1.2/2.4 GHz wireless camera jammer operate within
restricted frequency bands listed in Section 15.205(a) of the Commission's
rules. Thus, these devices cannot comply with the FCC's technical
standards and therefore cannot be certified or marketed. Finally, you
state that you advertised the cellular phone blocker with a disclaimer
that the device is for law enforcement only. While radio frequency devices
intended for the federal government or agencies thereof are exempt from
the Commission's rules, there is no similar exemption for sales to state
and local law enforcement. Accordingly, it appears that BRD has violated
Section 302(b) of the Communications Act and Sections 2.803 and 15.205(a)
of the Commission's rules by marketing in the United States radio
frequency devices that are not eligible for certification.
If, after receipt of this citation, BRD Security Products, Inc. violates
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.
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 BRD
Security Products, Inc. is taking to ensure that it does not violate the
Commission's rules governing the marketing of jamming devices in the
The nearest Commission field office is the Los Angeles, California office.
Please call Peter Waltonen, Esq. at 202-418-0097, 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
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
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, to BRD Security Products, Inc. d/b/a Spybase.com
(October 9, 2007).
Letter from Jean Pierre De Melo of BRD Security Products, Inc. to Spectrum
Enforcement Division, Enforcement Bureau (October 16, 2007).
Id. The Commission received 5 units of the anti-wiretap equipment GPS
intercept device (Item No. WR2620) and 4 units of the 1.2/2.4 GHz wireless
camera jammer (Item No. RP-24G). The Commission also received 7 units of a
wireless camera blocker (Item No. WR2602) which BRD stated it had imported
into the United States but had never advertised or sold in the United
Section 15.3(o) of the Rules defines an "intentional radiator" as a
"device that intentionally generates and emits radio frequency energy by
radiation or induction." 47 C.F.R. S: 15.3(o).
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering to 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).
Section 15.205(a) allows intentional radiators to transmit only spurious
emissions in the restricted frequency bands. 47 C.F.R. S: 2.1 defines
spurious emissions as "[e]missions 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 GPS intercept device (which operates in the 1575.42 MHz
band) and the 1.2/2.4 GHz wireless camera intentionally transmit RF energy
on restricted frequencies.
See 47 U.S.C. S: 302(c); 47 C.F.R. S: 2.807(d).
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 07-4874
Federal Communications Commission DA 07-4874
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554