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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File No.: EB-10-CF-0157
New Century Technology Limited
) Citation No.:
Bao'an District, Shenzhen 518001, C201132340003
ILLEGAL MARKETING OF CELL PHONE AND GPS JAMMERS
Adopted: January 20, 2011 Released: January 21, 2011
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
New Century Technology Limited ("New Century") 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. New Century 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 the website, www.theJammerStore.com,
and observed an advertisement for a device listed as a "Handheld GPS
and Cell Phone Jammer Mini GPJ" ("Mini GPJ"). On July 21, 2010, the
agent made an undercover buy on-line using the PayPal electronic
payment system and received a Mini GPJ through the mail. The invoice
that accompanied the device and the PayPal receipt identified New
Century as the seller. 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.
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. New Century shipped and sold to an Enforcement Bureau agent in the
United States a cell and GPS jammer device, the Mini GPJ, that Jammer
World offered for sale on its web site. Accordingly, we find that New
Century 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 New Century for violating the Rules
as discussed above. New Century 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
III. FUTURE COMPLIANCE
9. If, after receipt of this Citation, New Century 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. New Century 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 New
Century 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-0157 when corresponding with the Commission.
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.
IV. 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).
V. ORDERING CLAUSES
14. IT IS ORDERED that a copy of this Citation shall be sent both by First
Mail and overnight mail to New Century Technology Limited at C1205 Xinhai
LBDG, No 127 Meilong Rd, Bao'an District, Shenzhen 518001, China.
FEDERAL COMMUNICATIONS COMMISSION
47 U.S.C. S: 503(b)(5). Section 503(b)(5) states that no forfeiture
liability shall be determined against any person who does not hold a
license, permit, certificate, or other authorization issued by the
Commission unless, prior to issuance of any Notice of Apparent Liability,
such person is "(A) sent a citation of the violation charged; (B) is given
a reasonable opportunity for a personal interview with an official of the
Commission at the field office of the Commission which is nearest to such
person's place of residence; and (C) subsequently engages in conduct of
the type described in such citation." 47 U.S.C. S: 503(b)(5). We note
that, if New Century is also the manufacturer of the Mini GPJ, New Century
would have been subject to a forfeiture under Section 503(b)(2) of the Act
without first receiving notice via a Citation.
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803(a)(1).
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.).
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 11-98
Federal Communications Commission DA 11-98