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                                  May 22, 2008


   Victor McCormack

   Re: File No. EB-07-SE-031

   Dear Mr. McCormack:

   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 ("Phonejammer") 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 section 2.803 of the Commission's rules
   ("Rules"), 47 C.F.R. S: 2.803, and for failing to respond to Enforcement
   Bureau directives to provide certain information and documents. As
   explained below, future violations of the Commission's rules in this
   regard may subject your company to monetary forfeitures.

   By letter of inquiry ("LOI") dated November 6, 2007, the Spectrum
   Enforcement Division ("Division") of the Commission's Enforcement Bureau
   initiated an investigation into whether Phonejammer is marketing in the
   United States unauthorized radio frequency devices, specifically, radio
   frequency jammers which can disrupt communications on cellular and
   Personal Communications Service frequencies. At the time of that letter,
   November 6, 2007, and again on, May 20, 2008, we observed on your website,, advertisements for the sale of multiple radio
   frequency jammers. Your advertisements for the phone jammers listed
   shipping costs to the United States and displayed product prices in United
   States dollars. In addition, your website provided testimonials from
   United States residents who had purchased your phone jammers.

   In response to our LOI, you sent the Division three emails, one received
   on November 6, 2007, one received on November 7, 2007, and one received on
   November 8, 2007. In these emails, you claimed that your company is based
   in the United Kingdom and that you do not distribute, market, or advertise
   the phone jammers in the United States.

   In a response email sent by the Division, you were instructed to answer
   each question in the LOI. Further, the November 6, 2007 LOI directed you
   to support answers with an affidavit or declaration to be signed under
   penalty of perjury by an officer of the company who has personal knowledge
   of the representations and can verify that the company has produced all
   the information requested that is within its possession, custody, control,
   or knowledge. Though your reply emails indicate that you received our LOI,
   you subsequently failed to respond to the questions set forth in the LOI.

   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

   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 United States. Based on your failure to provide FCC Identification
   numbers or other documentation showing that the jammers you market have
   been certified, as well as our review of the Commission's equipment
   authorization database, it appears the devices advertised on have not been certified. Moreover, it does not appear
   that these devices are capable of receiving a grant of certification. In
   this regard, the main purpose of cell phone and other wireless jammers 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." Thus, a device such as a jammer which intentionally
   interferes with radio communications is not eligible for certification.
   Accordingly, it appears that Phonejammer has violated section 302(b) of
   the Act and section 2.803 of the rules by marketing in the United States
   the unauthorized radio frequency devices listed on its website.

   We note that the evidence before us contradicts Phonejammer's claim that
   it is not marketing its jammers in the United States. In this regard, we
   note, among other things, that Phonejammer's website: (1) lists all phone
   jammer prices in United States dollars; (2) at check-out has the United
   States as the default shipping location; (3) includes testimonials of
   United States residents who have purchased its phone jammers; and, (4)
   advertises phone jammers intended to interfere with United States cellular
   and Personal Communications Service frequencies.

   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 the November 6, 2007
   LOI directing you to provide certain information and documents. Your email
   responses indicate that you received the LOI. However, your responses
   failed to address the questions set forth in the LOI. Accordingly, it
   appears that Phonejammer has 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 November 6, 2007 LOI. You must
   provide this information within 20 days of the date of this Citation. If
   sent by mail, this information should be sent to Zachary Rothstein,
   Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
   Commission, 445 12th Street, S.W., Room 3-A326, Washington, D.C. 20554.
   Phonejammer must also transmit a copy of this information via facsimile to

   If, after receipt of this citation, 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 is taking to ensure that it does not violate the
   Commission's rules governing the marketing of radio frequency jamming
   devices in the future.

   Please call Zachary Rothstein at 202-418-0608, 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

   Enforcement Bureau

   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
   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. S: 1001.

   Thank you in advance for your anticipated cooperation.


   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   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).

   Furthermore, section 2.803(g) of the Rules provides that radio frequency
   devices that could not be authorized or legally operated under the 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." 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 08-1193


   Federal Communications Commission DA 08-1193


                            WASHINGTON, D.C.  20554