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                                 July 31, 2009



   Robert O'Harvey, President

   The Spy Store, Inc.

   12128 N. Division St., Suite 155

   Spokane, WA 99218

   Re: File No. EB-08-SE-602

   Dear Mr. O'Harvey:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), to The Spy Store, Inc.
   ("Spy Store") for marketing in the United States unauthorized radio
   frequency devices in violation of Section 302(b) of the Act, and Sections
   2.803 and 15.205(a) of the Commission's Rules ("Rules"), and importing
   radio frequency devices without filing FCC Form 740 (or the electronic
   equivalent) with the United States Customs and Border Patrol in violation
   of Section 2.1203 of the Rules. As explained below, future violations of
   the Commission's rules in this regard may subject your company to monetary

   By letter of inquiry of inquiry ("LOI") dated February 13, 2009, the
   Spectrum Enforcement Division of the Commission's Enforcement Bureau
   ("Division") initiated an investigation into whether Spy Store is
   marketing in the United States an unauthorized radio frequency jamming
   device listed as the "GPS-JM2 GPS Jammer." The Division observed an
   advertisement for the GPS-JM2 GPS Jammer on Spy Store's website,, on September 4, 2008.

   In your response to the LOI, you admit that you began marketing the
   GPS-JM2 GPS Jammer on or about July 31, 2007, have sold 69 units to date,
   and all sales were retail with no sales to retailers or distributors. You
   state that you are not the manufacturer of the GPS-JM2 GPS Jammer, and
   that the device is imported from an import/export company in China. You
   admit that you began importing the GPS-JM2 GPS Jammer on June 24, 2007,
   with subsequent importations on November 23, 2007, March 3, 2008, March
   19, 2008, and February 12, 2009, importing a total of 90 units. Your
   response also states that "the importation of GPS-JM2 was discontinued
   once [you] became aware that the units were unlawful in the USA." Though
   you imported the device on several occasions, you also admit that you did
   not file FCC Form 740 when doing so. You admit that the device has not
   been certified in accordance with the Rules, but state that the China
   supplier advised you that it was lawful to offer this unit for sale and as
   such, you took no further efforts to determine if the device complied with
   the Rules.

   In the LOI Response, you also explain that you "would not have offered,
   marketed, or sold the GPS-JM2 GPS Jammer had [you] known it was an
   unlawful device." Finally, you state that you do not offer or market any
   other jamming devices, ceased all marketing and sales of the GPS-JM2 GPS
   Jammer, and disposed of all remaining units. On May 14, 2009, the Division
   observed that the GPS-JM2 GPS Jammer was no longer being offered for sale
   on your website.

   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 provides in pertinent part

   [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, 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 is capable of receiving a grant of
   certification. In this regard, the main purpose of the jammer is to block
   or interfere with radio communications. Such use is clearly prohibited by
   Section 333 of the Act, 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-JM2 GPS
   Jammer operates within restricted frequency bands listed in Section
   15.205(a) of the Rules. Thus, this device cannot comply with the FCC's
   technical standards and therefore cannot be certified or marketed.

   Under Section 2.1203 of the Rules, no radio frequency device may be
   imported into the Customs territory of the United States unless the
   importer declares that the device meets one of the conditions for entry
   set forth in Section 2.1204 of the Rules. Pursuant to Section 2.1205, this
   declaration must be filed electronically, where electronic filing with
   Customs is available, or using FCC Form 740, where electronic filing with
   Customs has not been implemented. Spy Store admits that it imported units
   of the GPS-JM2 GPS Jammer without making the required import declaration
   either electronically or on FCC Form 740.

   Accordingly, it appears that Spy Store 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. It
   also appears that Spy Store violated Section 2.1203 of the Rules by
   importing the GPS-JM2 GPS Jammer without making the required import

   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 $16,000 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 Spy Store
   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 Seattle, Washington office.
   Please call Celia Lewis at 202-418-7456, 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, 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

   Thank you in advance for your anticipated cooperation.


   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 U.S.C. S: 302a(b).

   47 C.F.R. S:S: 2.803 and 15.205(a).

   47 C.F.R. S: 2.1203.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Robert O'Harvey,
   President, The Spy Store, Inc. (February 13, 2009).

   See Letter from Robert O'Harvey, President, The Spy Store, Inc. to
   Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (March 2, 2009) ("LOI Response").

   47 C.F.R. S: 2.803(g).

   47 C.F.R. S: 15.201(b).

   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 U.S.C. S: 333.

   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-JM2 GPS Jammer (which operates in the 1450 MHz to 1600
   MHz bands) intentionally transmits radio frequency energy on restricted

   47 C.F.R. S: 2.1203.

   47 C.F.R. S: 2.1204.

   47 C.F.R. S: 2.1205.

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

   5 U.S.C. S: 552(a)(e)(3).

   See 18 U.S.C. S: 1001.

   Federal Communications Commission DA 09-1697


   Federal Communications Commission DA 09-1697


                            WASHINGTON, D.C.  20554