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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Everbuying.com File No.: EB-10-CF-0171
Nanshan District, Shenzhen 518057, Citation No.: C201132340002
ILLEGAL MARKETING OF CELL PHONE AND GPS JAMMERS
Adopted: December 6, 2010 Released: December 6, 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
Everbuying.com 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. Everbuying.com 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 23, 2010, an agent from the Enforcement Bureau's Columbia
Office ("Columbia Office") viewed Everbuying.com's web site,
www.everbuying.com, and observed an advertisement for a device listed
as a "Mini Cigarette Lighter Anti-Tracker GPS Jammer Blocker." On July
23, 2010, the agent made an undercover buy on-line, and received the
device through the mail from Dalee Technology LTD. The agent conducted
tests and confirmed that the device jams the GPS L1 frequency 1575.42
MHz. On several subsequent occasions, agents have visited
Everbuying.com'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. Everbuying.com advertised on its web site a Mini Cigarette Lighter
Anti-Tracker GPS Jammer Blocker device, which was subsequently sold
and shipped to an Enforcement Bureau agent in the United States.
Everbuying.com continues to offer jammer devices for sale on its web
site, www.everbuying.com, and to solicit customers worldwide.
Accordingly, we find that Everbuying.com 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 Everbuying.com for
violating the Rules as discussed above. Everbuying.com 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, Everbuying.com 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. Everbuying.com 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
Everbuying.com 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-0171 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 firstname.lastname@example.org 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 Everbuying.com at Room 18K, Nanjingyan, Tao
Yuan RD, Nanshan District, Shenzhen 518057, China and by electronic mail
to Everbuying.com at email@example.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 November 4, 5, and 22, 2010, that Everbuying.com was
offering for sale several different jammer devices on its web site. See
www.everbuying.com (featuring the Mobile Cell Phone GPS Jammer Blocker,
Delicate cell phone jammers TG-101(latest design) with internal insulated
antenna, and an 8W cell phone 3G jammer with remote control, 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, Everbuying.com 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 Everbuying.com 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 10-2295
Federal Communications Commission DA 10-2295