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May 22, 2008
VIA EMAIL AND FACSIMILIE AT 44700-596-8880
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.com ("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,
www.phonejammer.com, 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
www.phonejammer.com 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
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, Phonejammer.com 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
Phonejammer.com 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
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
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
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554