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                                December 1, 2009



   Andrew Roshberg, Corporate Officer

   Creative Audio, Inc.

   1579 Victoria Isle Way

   Weston, Florida 33327

   Re: File No. EB-08-SE-099

   Dear Mr. Roshberg:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), to
   d/b/a/ Creative Audio, Inc. ("Creative Audio") for marketing in the United
   States radiofrequency devices that operate on restricted frequencies, in
   violation of Section 302(b) of the Act, and Sections 2.803 and 15.205(a)
   of the Commission's Rules ("Rules"). 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 August 22, 2008, the
   Spectrum Enforcement Division of the Commission's Enforcement Bureau
   ("Division") initiated an investigation into whether Creative Audio was
   marketing in the United States six uncertified video transmitters. The
   Division observed advertisements for the video transmitters on Creative
   Audio's website,, on February 25, 2008.

   In your response to the LOI, you state that you began marketing the listed
   video transmitters on or about January 23, 2008, and listed 3 additional
   transmitters that you sold. In the aggregate, you sold a total of 91 units
   as of the LOI Response date. You state that to the best of your knowledge,
   all sales were retail with no sales to retailers or distributors. You
   further state that you are not the manufacturer of any of the video
   transmitters, and that the devices are imported from import/export
   companies in China and Hong Kong. You indicate that you imported the
   specified devices between December 19, 2007 and June 8, 2008, and imported
   a total of 124 units. Additionally, you indicate that the frequency bands
   on which the 1.2 GHz transmitters operate are 0.9 GHz/1.2 GHz/1.3 GHz and
   that the frequency bands on which the 2.4 GHz transmitters operate are 2.2
   GHz/2.3 GHz/2.4 GHz. Your response also states that "[you] have
   immediately ceased all sales of the products in question. The website has
   been dismantled and the domain name will be relinquished." You admit that
   the devices have not been certified in accordance with the Rules, and
   state that you based your belief regarding the salability of the devices
   on other retailers selling "products almost exactly as the ones [you] were
   planning to sell."

   In the LOI Response, you also explain that not until after inquiry into
   the rules and regulations of the FCC presented in the LOI did you realize
   the gravity of your actions in marketing these products, and that you wish
   that you had researched this prior to marketing the devices. On August 10,
   2009, the Division observed that the website is no longer active.

   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 in pertinent part that:

   [N]o 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 such as
   audio/video transmitters must be authorized in accordance with the
   Commission's certification procedures described in Sections 2.1031 -
   2.1060 of the Rules prior to the initiation of marketing in the U.S. It
   does not appear, however, that the above-cited devices are capable of
   receiving a grant of certification. In your LOI response, you indicate
   that the video transmitters operate within restricted frequency bands
   listed in Section 15.205(a) of the Rules. Thus, because these devices are
   capable of operating on restricted frequencies listed in Section 15.205(a)
   of the Rules, these devices cannot comply with the FCC's technical
   standards and therefore cannot be certified or marketed.

   Accordingly, it appears that Creative Audio 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 video transmitter devices not eligible for certification.

   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 Creative
   Audio 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 Miami, Florida office. Please
   call Susan Stickley at 202-418-0871, 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).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Andrew E.
   Roshberg, President, d/b/a/ Creative Audio, Inc.
   (August 22, 2008). The transmitter models are : 1) 1.2 GHz 1 watt 4
   Channel AV Transmitter and Receiver Set; 2) 1.2 GHz 1.5 watt 4 Channel AV
   Transmitter and Receiver Set; 3) 1.2 GHz 2 watt 4 Channel AV Transmitter
   and Receiver Set; 4) 1.2 GHz 1.5 watt 8 Channel AV Transmitter and
   Receiver Set; 5) 1.2 GHz 2.5 watt 8 Channel AV Transmitter and Receiver
   Set; and 6) 1.2 GHz 4 Channel Receiver with Antenna.

   See Letter from Andrew Roshberg, Creative Audio, Inc. to Susan Stickley,
   Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (September 19, 2008) ("LOI Response").

   LOI Response at 1. The three additional transmitters identified by
   Creative Audio are: 1) 2.4 GHz 4 Chanel 2 watt set; 2) 1.2 GHz 15 Channel
   1 watt set, and 3) 1.2 GHz 4 Channel 5 watt set. Id.


   Id. at 2.


   Id. at 3.

   Id. at 4. Restricted frequency bands listed in Section 15.205(a) of the
   Rules include: 960-1240 MHz, 1300-1427 MHz, 2200-2300 MHz, 2310-2390 MHz
   and 2483.5-2500 MHz.

   Id. at 1.

   Id. at 5.

   Id. at 1.

   47 C.F.R. S: 2.803(a)(1).

   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).

   47 C.F.R. S:S: 2.1031 - 2.1060.

   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 listed video transmitters intentionally transmit radio
   frequency energy on restricted frequencies. See n. 11 supra and
   accompanying text.

   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 09-2506


   Federal Communications Commission DA 09-2506


                            WASHINGTON, D.C.  20554