Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                               November 10, 2009



   Shenzhen Shan Jian Electronics Company, Ltd.

   No. 3, 19 Building, Longjing Industrial Area

   Xi Li Town, Nanshan District



   Re: File No. EB-09-SE-094

   Dear Sir or Madam:

   This is an official CITATION, issued to Shenzhen Shan Jian Electronics
   Company, Ltd. ("Shenzhen) pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5),
   for violating Commission orders by failing to respond to Enforcement
   Bureau Letters of Inquiry ("LOIs") directing Shenzhen to provide certain
   information and documents. As explained below, future violations of a
   Commission order in this regard may subject your company to monetary

   By LOI dated June 8, 2009, the Spectrum Enforcement Division of the
   Commission's Enforcement Bureau initiated an investigation into whether
   Shenzhen Shan Jian Electronics Company, Ltd. ("Shenzhen) is marketing an
   unauthorized radio frequency device in the United States -- specifically,
   the Sunkey SK-801ATSC digital television converter box. We received an
   electronic mail response from Shenzhen on June 9, 2009. That response,
   however, did not contain any of the information sought by the LOI. On July
   14, 2009, we sent you a follow-up LOI via electronic mail and Federal
   Express seeking the same information but we have received no response to
   the follow-up LOI.

   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 LOIs in June and July 2009
   directing you to provide certain information and documents. Your e-mail
   response to the June LOI indicates that you received at least one of the
   LOIs. However, the Commission has not received the information sought by
   the LOIs and has received no response whatsoever to the second LOI.
   Accordingly, it appears that Shenzhen 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 originally sought by our LOI of June 8, 2009 (copy
   enclosed). You must provide this information in the manner indicated
   therein within 20 days of the date of this citation.

   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 Anchorage Resident
   Agent Office, in Anchorage, Alaska. Please call Thomas D Fitz-Gibbon at
   202-418-0693 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:

   Thomas D. Fitz-Gibbon

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-09-SE-094

   Federal Communications Commission

   445 12th Street, S.W., Rm. 3-A460

   Washington, D.C. 2055

   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 Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   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 09-2395



   Federal Communications Commission DA 09-2395


                            WASHINGTON, D.C.  20554