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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-10-CF-0170
Jammer World/theJammerStore.com ) Citation No.:
Bao'an District, Shenzhen 518001, China )
ILLEGAL MARKETING OF CELL PHONE AND GPS JAMMERS
Adopted: November 26, 2010 Released: November 26, 2010
By the District Director, Columbia Office, Northeast Region, Enforcement
1. This is an official CITATION issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Communications Act"), to
Jammer World/theJammerStore.com ("Jammer World") for marketing
unauthorized radio frequency devices in the United States in violation
of Section 302(b) of the Communications Act, and Section 2.803(a)(1)
of the Commission's rules ("Rules").
2. Jammer World should take immediate steps to come into compliance and
to avoid any recurrence of this misconduct. As explained below and as
provided in the Communications Act, future violations of the Rules in
this regard may subject your company to substantial monetary
penalties, seizure of equipment, and criminal sanctions.
3. On July 20, 2010, an agent from the Enforcement Bureau's Columbia
Office ("Columbia Office") viewed Jammer World's web site,
www.theJammerStore.com, and observed an advertisement for a device
listed as a "Handheld GPS and Cell Phone Jammer Mini GPJ." On July 21,
2010, the agent made an undercover buy on-line, and received the
device through the mail from New Century Technology Limited. The agent
conducted tests and confirmed that the device jams signals in the Cell
Phone Band (845-975 MHz), PCS Band (1800-1996 MHz), and GPS L1
frequency 1575.42 MHz. On several subsequent occasions, agents have
visited Jammer World's web site and observed that it was marketing
both cell phone signal blocker devices and GPS signal blocker devices
(collectively, "jammer devices").
III. applicable law and violations
4. Federal law prohibits the marketing and operation of jammer devices in
the United States. Section 333 of the Communications Act 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." In addition, Section 302(b) of the Communications 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
5. 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...." Additionally, Section 2.803(g) of
the Rules provides in pertinent part that "radio 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."
6. Pursuant to Section 15.201(b) of the Rules, before intentional
radiators like jammer devices can be marketed in the United States,
they must be authorized in accordance with the Commission's
certification procedures. Section 2.803(e)(4) of the Rules defines
"marketing" as the "sale or lease, or offering for 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."
7. Jammer devices, however, cannot be certified or authorized because the
main purpose of jammer devices is to block or interfere with radio
communications. Such use is clearly prohibited by Section 333 of the
Communications Act. Moreover, GPS signal blockers operate within
restricted frequency bands listed in Section 15.205(a) of the Rules.
Thus, these devices cannot comply with the FCC's technical standards
and therefore cannot be marketed in the United States.
8. Jammer World advertised on its web site a cell and GPS jammer device,
the Handheld GPS and Cell Phone Jammer Mini GPJ, which was
subsequently sold and shipped to an Enforcement Bureau agent in the
United States. Jammer World continues to offer jammer devices for sale
on its web site, www.theJammerStore.com and to solicit customers
worldwide. Accordingly, we find that Jammer World has violated Section
302(b) of the Communications Act and Section 2.803 of the Rules by
marketing in the United States radio frequency devices that are not
eligible for certification. We therefore issue this Citation to Jammer
World for violating the Rules as discussed above. Jammer World should
take immediate steps to ensure that it does not continue to violate
the Rules, including not completing any sale of jammer devices to
customers in the United States.
IV. FUTURE COMPLIANCE
9. If, after receipt of this Citation, Jammer World violates the
Communications Act or the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures of up
to $16,000 for each such violation or each day of a continuing
violation and up to $112,500 for any single act or failure to act. In
addition, violations of the Communications Act or the Rules can result
in seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
10. Jammer World may respond to this Citation within thirty (30) days
after the release date of this Citation either through (1) a personal
interview at the closest FCC office, or (2) a written statement. Any
written statements should specify what actions have been taken by
Jammer World to ensure that it does not violate the Rules governing
the marketing of radio frequency devices in the future. Please
reference file number EB-10-CF-0170 when corresponding with the
11. Under the Privacy Act of 1974, any statement or information provided
by you may be used by the Commission to determine if further
enforcement action is required. Any knowingly or willfully false
statement, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
Section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
V. CONTACT INFORMATION
12. The closest FCC Office is the Seattle Field Office in Kirkland,
Washington. You may contact Salomon Satche by telephone, (301)
725-1996, to schedule a personal interview, which must take place
within thirty (30) days after the release date of this Citation. You
should send any written statement within thirty (30) days after the
release date of this Citation to: Federal Communications Commission,
Columbia Field Office, 9200 Farm House Lane, Columbia, MD 21046
13. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact
you if we need more information. Please allow at least five (5) days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to email@example.com or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
To request this document in accessible formats for people with
disabilities (braille, large print, electronic files, audio format):
202-418-0530 (voice), 202-418-0432 (tty).
VI. ORDERING CLAUSES
14. IT IS ORDERED that a copy of this Citation shall be sent both by First
Mail and overnight mail to Jammer World at C1205, Xinhai BLDG, NO.127
Meilong RD, Bao'an District, Shenzhen 518001, China and by electronic mail
to Jammer World at sales@theJammerStore.com.
FEDERAL COMMUNICATIONS COMMISSION
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803(a)(1).
The agent observed on July 28, 2010, and on November 4, 5, and 22, 2010,
that Jammer World was offering for sale several different jammer devices
on its web site. See www.theJammerStore.com (featuring the Portable Cell
Phone Jammer Mini PJ, several models of cell phone jammers, including the
HPJ01, HPJ03, RPJ01, and the world's smallest cell phone jammer, and
noting that these devices "can disable all types of cellular signals
including the new 3G band").
47 U.S.C. S: 333.
47 U.S.C. S: 302a(b).
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: 2.803(e)(4).
47 C.F.R. S: 15.205(a).
These devices may be used in the United States only in limited
circumstances not present here. See e.g., 47 U.S.C. S: 302a(c) ("Devices
... for use by the Government of the United States or any agency thereof
shall be developed, procured, or otherwise acquired, including offshore
procurement, under United States Government criteria, standards, or
specifications designed to achieve the objectives of reducing interference
to radio reception and to home electronic equipment and systems, taking
into account the unique needs of national defense and security.).
Furthermore, we note that it is not sufficient to merely include a notice
on your web site indicating that jammer devices may not be allowed in
certain countries, and stating that it is the purchaser's responsibility
to comply with local regulations. See, e.g., Phonejammer.com, Notice of
Apparent Liability for Forfeiture, 25 FCC Rcd 3827, 3830 (EB 2010). Such a
statement is misleading to consumers as Section 2.803(a) is specifically
directed at, and enforceable against, persons selling, leasing, offering
for sale or lease, importing, shipping, or distributing for the purpose of
sale or lease, noncompliant radio frequency devices. Therefore, as a
seller of such devices, Jammer World is also responsible for understanding
and complying with FCC rules. As noted, supra, it is a violation of the
Communications Act and the Rules for Jammer World to sell these jammer
devices to individuals in the United States.
See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.").
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Federal Communications Commission DA 10-2240
Federal Communications Commission DA 10-2240