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                                  May 23, 2008



   Don Bassler, President

   David Steele Enterprises, Inc.

   22 Palazzo

   Newport Beach, California 92660

   Re: File No. EB-08-SE-202

   Dear Mr. Bassler:

   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
   David Steele Enterprises, Inc. ("David Steele") 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 of inquiry ("LOI") dated May 15, 2008, the Spectrum
   Enforcement Division of the Commission's Enforcement Bureau ("Division")
   initiated an investigation into whether David Steele is marketing in the
   United States an unauthorized radio frequency jamming device listed as the
   "GPS Jammer." The Division observed an advertisement for the GPS Jammer on
   David Steele's website,, on May 15, 2008.

   In your May 19, 2008 response, you admit that you import the GPS Jammer
   from a manufacturer in Taiwan. You state that on December 3, 2007, you
   imported 30 units of the GPS Jammer, on March 3, 2008, you imported 30
   units of the GPS Jammer, and on May 13, 2008 you imported fifty units of
   the GPS Jammer. You also admit to the sale of 67 GPS Jammers between
   December 5, 2007 and May 16, 2008. You state that upon receipt of the
   Division's May 15, 2008 LOI, you ceased all advertisements of the GPS
   Jammer and no longer import or offer for sale the GPS Jammer.

   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 the above-cited jammer
   device is capable of receiving a grant of certification. In this regard,
   the main purpose of the jammer device 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 Jammer
   operates within restricted frequency bands listed in Section 15.205(a) of
   the Commission's rules. Thus, this device cannot comply with the FCC's
   technical standards and therefore cannot be certified or marketed.

   Accordingly, it appears that David Steele 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 a radio frequency device not eligible for certification.

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

   The nearest Commission field office is the Los Angeles, California office.
   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).

   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 Jammer (which operates in the 1450 MHz to 1600 MHz
   bands) intentionally transmits radio frequency energy on restricted

   See 47 C.F.R. S: 1.80(b)(3).

   Federal Communications Commission DA 08-1196


   Federal Communications Commission DA 08-1196


                            WASHINGTON, D.C.  20554