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May 27, 2008
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FACSIMILE AT 775-249-9320
Monty Henry, Owner
DPL Surveillance Equipment
18345 Kittridge Street #12
Reseda, California 91335-6164
Re: File No. EB-08-SE-203
Dear Mr. Henry:
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),
for marketing unauthorized radio frequency devices in the United States 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), and for failing to fully 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 May 16, 2008, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau initiated an investigation
into whether DPL Surveillance Equipment is marketing in the United States
unauthorized radio frequency devices, specifically, cell phone jammers,
wireless device jammers and GPS jammers.
At the time of that letter, May 16, 2008, we observed on your website,
www.DPL-Surveillance-Equipment.com, your marketing of the following radio
1. GSM Mobile Phone Jammer
2. Portable Cell Phone Jammer (900Mw)
3. Cell Phone Jammer (32w)
4. Desk-Top Cell Phone Jammer/Blocker Ultra-High Power (160w)
5. Portable Video/Wi-Fi Jammer (900Mw)
6. Anti-Tracker/GPS Blocker
We received your response dated May 19, 2008, in which you admit to
marketing these devices beginning on or about January 15, 2008. In your
response, you state that you sold one unit of the Portable Cell Phone
Jammer (900Mw) to a Chicago, Illinois police officer. You also state that
you have sold multiple units of the Anti-Tracker/GPS Blocker but provided
information only for "some" of the purchasers. You state that you have not
sold any units of the GSM Mobile Phone Jammer, Cell Phone Jammer (32w) and
the Desk-Top Cell Phone Jammer/Blocker Ultra-High Power (160w). However,
you failed to address whether you have sold units of the Portable
Video/Wi-Fi Jammer (900Mw). You state that you do not stock the cell phone
or video jammers and do not manufacture the devices.
Moreover, your response did not address all the questions set forth in the
May 16, 2008 LOI. Your response did not provide, inter alia: (1) the
manufacturer for any device; (2) whether you import each device; (3)
copies of marketing materials for each device; and, (4) for the GPS
Blocker and Video/Wi-Fi Jammer, the total number of units distributed in
the United States. In addition, your response was not supported by an
affidavit or declaration signed under penalty of perjury, as directed by
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 United States. It does not, however, appear that the jamming
devices marketed on your website are capable of receiving a grant of
certification. In this regard, the main purpose of cell phone, GPS 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
With respect to the GPS Blocker, Section 15.205(a) of the Rules allows
intentional radiators to transmit only spurious emissions in the
restricted frequency bands. Thus, the GPS Blocker, which operates in the
1450 MHz to 1600 MHz bands, intentionally transmits radio frequency energy
on restricted frequencies and is ineligible for certification on this
basis as well.
Furthermore, your website states that the cell phone jammers you advertise
are "[f]or [e]xport [o]nly. USA customers must be authorized Law
Enforcement and/or Gov. [sic] Agency approved." Section 302(c) of the Act
and Section 2.807(d) of the Rules exempt radio frequency devices intended
for use by the federal government from the general prohibition on
marketing of unauthorized equipment. However, there is no similar
exemption allowing the marketing or sale of unauthorized radio frequency
devices to state and local law enforcement agencies.
Accordingly, it appears that DPL Surveillance Equipment 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 the unauthorized radio frequency devices
listed on its website.
Furthermore, 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 May 16, 2008 LOI directing you to provide certain information and
documents. Your response email indicates that you received the LOI.
However, your response failed to address all the questions set forth in
the LOI. Accordingly, it appears DPL Surveillance Equipment violated a
Commission order 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 May 16, 2008 LOI. You must provide
this information in the manner indicated therein within 20 days of the
date of this citation.
If, after receipt of this citation, you violate 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.
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 you are taking to ensure that you
do not violate the Commission's rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office appears to be the Los Angeles District
Office, in Los Angeles, California. 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:
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.
Chief, Spectrum Enforcement Division
Federal Communications Commission
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).
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."
47 C.F.R. S: 2.807(d).
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, Inc., the Commission imposed 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 08-1202
Federal Communications Commission DA 08-1202
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554