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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No.: EB-10-LA-0097
SecurityMan Inc. )
Citation No.: C201132900004
Ontario, California )
ILLEGAL MARKETING OF NON-COMPLIANT RADIO FREQUENCY DEVICES
Adopted: March 1, 2011 Released: March 3, 2011
By the District Director, Los Angeles Office, Western Region, Enforcement
1. This is an official CITATION issued pursuant to section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to SecurityMan,
Inc. ("SecurityMan") for marketing non-compliant radio frequency
devices in the United States in violation of section 302(b) of the
Act, and section 2.803(a)(1) of the Commission's rules.
2. SecurityMan 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
Commission's rules in this regard may subject your company to
substantial monetary penalties, seizure of equipment, and criminal
3. In December 2009, the Enforcement Bureau received a complaint alleging
that the SecurityMan SM-302T was causing harmful interference to U.S.
Cellular's licensed operation of its PCS network in the 1850-1865 MHz
band. Enforcement Bureau staff visited the SecurityMan web site at
www.securitymaninc.com. The staff observed that SecurityMan was
marketing the SecurityMan SM-302T wireless camera. Subsequently,
Enforcement Bureau staff purchased a SecurityMan SM-302T wireless
camera, and forwarded it to the FCC's Office of Engineering and
Technology ("OET") Laboratory for testing. The OET Laboratory's tests
demonstrated that the SecurityMan SM-302T does not comply with the
radiated emission limits specified in sections 15.249(d) and 15.209 of
the rules. As part of the investigation, the Enforcement Bureau sent a
letter of inquiry ("LOI") to SecurityMan on March 18, 2010.
4. In your April 14, 2010 response to the LOI, you admit that SecurityMan
imports and distributes the SecurityMan SM-302T (factory model
AT202-900) in the United States. You indicated, however, that
SecurityMan "does not engineer and design inside circuit boards of the
products" and stated it was the responsibility of the factory "to
obtain FCC testing certification from a laboratory and must provide us
FCC testing report and certification..."
III. applicable law and violations
5. Federal law requires that radio frequency devices be certified in
accordance with the FCC's technical standards before they can be
marketed in the United States. 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...." Section 2.803(g) of the
Commission's 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." Section 2.803(e)(4) of the
Commission's 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."
6. Intentional radiators, such as the transmitter component of the
SecurityMan SM-302T wireless camera, are generally required by section
15.201 of the Commission's rules, to be approved through the equipment
certification procedures described in sections 2.1031 - 2.1060 of the
Commission's rules prior to marketing within the United States. As an
intentional radiator operating between 906 - 924 MHz, the SecurityMan
SM-302T is also subject to the radiated emission limits specified in
section 15.249(a) of the rules for operations within the 902-928 MHz
band. In addition, pursuant to section 15.249(d) of the rules, except
for harmonics, emissions from the SecurityMan SM-302T radiated outside
the 902-928 MHz band must be attenuated by at least 50 dB below the
level of the fundamental frequency or to the general radiated emission
limits specified in section 15.209 of the rules, whichever is the
lesser attenuation. The OET Laboratory's tests demonstrate that
radiated emissions from the SecurityMan SM-302T outside the 902-928
MHz band substantially exceed the limits specified in section 15.209
of the Rules. Therefore, the SecurityMan SM-302T does not comply with
the radiated emission limits specified in sections 15.249(d) and
15.209 of the rules.
7. We do not dispute SecurityMan's claim that the factory obtains FCC
testing of the product. However, as an importer and distributer,
SecurityMan is still liable for marketing violations of the
Communications Act or the Commission's rules. Accordingly, SecurityMan
violated section 302(b) of the Act and section 2.803(a)(1) of the
rules by marketing in the United States the SecurityMan SM-302T
IV. FUTURE COMPLIANCE
8. If, after receipt of this Citation, SecurityMan violates the
Communications Act or the Commission's 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 Act or the rules can result in
seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
9. SecurityMan 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
SecurityMan to ensure that it does not violate the Commission's rules
governing the marketing of radio frequency devices in the future. All
responses should be addressed to Federal Communications Commission,
Los Angeles Office, 18000 Studebaker Road, Suite 660, Cerritos, CA,
90703. Please reference file number EB-10-LA-0097 when corresponding
with the Commission.
10. 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
11. The closest FCC Office is the Los Angeles Office in Cerritos,
California. You may contact the Los Angeles Office by telephone, (562)
860-7474, to schedule a personal interview, which must take place
within thirty (30) days after the release date of this Citation.
12. 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);
For accessible format materials (braille, large print, electronic files,
and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
VI. ORDERING CLAUSES
13. IT IS ORDERED that a copy of this Citation shall be sent both by First
Mail and Certified Mail, Return Receipt Requested to SecurityMan, Inc.,
4601 E. Airport Drive, Ontario, CA, 91761.
FEDERAL COMMUNICATIONS COMMISSION
Los Angeles Office
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S:S: 15.249(d), 15.209.
Letter from Robert McKinney, District Director, Kansas City Office,
Enforcement Bureau, Federal Communications Commission, to Ken Chen,
President, SecurityMan Inc. (March 18, 2010).
Letter from Fred Mu, P.M. of SecurityMan Inc., to Robert McKinney,
District Director, Kansas City Office, Enforcement Bureau, Federal
Communications Commission (April, 14, 2010).
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: 2.803(e)(4).
An intentional radiator is "[a] device that intentionally generates and
emits radio frequency energy by radiation or induction." 47 C.F.R. S:
See 47 C.F.R. S: 15.201.
A certification is an equipment authorization issued by the Commission,
based on representations and test data submitted by the applicant. See 47
C.F.R. S: 2.907(a).
47 C.F.R. S:S: 2.1031 - 2.1060.
The SecurityMan SM-302T is certified under FCC ID TW4-AT202-900M to
operate between 906 - 924 MHz.
See 47 C.F.R. S: 15.249(a).
See 47 C.F.R. S: 15.249(d).
See 47 C.F.R. S: 15.209.
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 11-408
Federal Communications Commission DA 11-408