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Federal Communications Commission
Washington, D.C. 20554
In the Matter of FCCFrequency d/b/a Fundacion Cristiana De Comunicaciones;
www.fccfrequency.com Panorama City, CA ) ) ) ) ) ) ) File No.:
EB-FIELDWR-13-00010921 Citation No.: C201332900001
CITATION AND ORDER
Illegal Marketing of Unauthorized Radio Frequency Devices
Adopted: September 24, 2013 Released: September 25, 2013
By the District Director, Los Angeles Office, Western Region, Enforcement
1. This is an official CITATION AND ORDER (Citation) issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to FCCFrequency d/b/a Fundacion
Cristiana De Comunicaciones and www.fccfrequency.com (FCCFrequency).
Specifically, FCCFrequency is being cited for the marketing of
unauthorized radio frequency devices in violation of Section 302(b) of
the Act,^ and Sections 2.803 and 73.1660(a) of the Commission's rules
2. Notice of Duty to Comply With Laws: FCCFrequency should take immediate
steps to come into compliance, discontinue the marketing of
unauthorized radio frequency devices, and avoid any recurrence of the
misconduct described herein. FCCFrequency is hereby on notice that if
it subsequently engages in any conduct of the type described in this
Citation, including any violation of Section 302(b) of the Act or
Sections 2.803 or 73.1660(a) of the Rules, it may be subject to civil
and criminal penalties, including but not limited to substantial
monetary fines (forfeitures) and seizure of equipment. Such
forfeitures may be based on both the conduct that led to this Citation
and the conduct following it.^
3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct FCCFrequency to respond in
writing, within thirty (30) calendar days after the release date of
this Citation, and signed under penalty of perjury, with descriptions
of the specific action(s) taken or plans to cease the marketing of
unauthorized radio devices and preclude recurrence of the violations,
and also a timeline for completion of any correction action(s).
4. The Enforcement Bureau's Los Angeles Office (Los Angeles Office)
received reports that FCCFrequency offered for sale non-certified low
power FM radio transmitters for use in low power FM (LPFM) radio
stations. Such transmitters were also being installed by FCCFrequency
for use by individuals and entities that had no FCC authorization to
operate the devices. During the investigation of an unlicensed
broadcast radio station located in Arleta, California, the operator of
this unauthorized station (Arleta Station) informed the Los Angeles
Offices that the low power radio transmitter in use was purchased from
FCCFrequency.^ The operator of the Arleta Station gave the Los Angeles
Office the contract, dated March 22, 2013, that the Arleta Station had
entered into with FCCFrequency to purchase and install a 100 watt FM
radio transmitter at the unauthorized station. The contract showed
that the unlicensed operator was charged $6,023.75 for the service,
including the purchase of the FM transmitter and other equipment. The
transmitter is identified as a Brand Name: AAREFF; Model: 100WPLLS19P,
manufactured in the Dominican Republic. According to Commission
records, this device has not received an FCC grant of certification,
which is required for LPFM broadcast transmitters.^
5. According to its website, FCCFrequency specializes in LPFM equipment
sales and installation,^ and encourages nonprofit organizations to
"install your own Low Power FM Radio Station."^ The website also
advertises that it will assist applicants in the filing of new and
major changes for LPFM stations in the upcoming filing window.^
III. applicable law and violations
6. Federal law requires that radio frequency devices must be certified in
accordance with the Commission'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
7. The applicable implementing regulations for Section 302(b) are set
forth in the Section 2.803.^ Specifically, Section 2.803 of the Rules
provides, in relevant part, that:
(a) Marketing, as used in this section, includes 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.
(b) General rule. No person may market a radio frequency device unless:
(1) For devices subject to authorization under certification, the device
has been authorized in accordance with the rules in subpart J of this
chapter and is properly identified and labeled as required by S 2.925 and
other relevant sections in this chapter; or (2) For devices subject to
authorization under verification or Declaration of Conformity in
accordance with the rules in subpart J of this chapter, the device
complies with all applicable technical, labeling, identification and
administrative requirements; . . . .^
Section 73.1660(a) of the Rules states that an "AM, FM, or TV transmitter
shall be verified for compliance with the requirements of this part
following the procedures described in part 2 of this chapter"^ and that an
"LPFM transmitter shall be certified for compliance with the requirements
of this part following the procedures described in part 2 of this
chapter."^ In other words, LPFM transmitters must have FCC certification
to be marketed for sale in the United States.
8. The record in this case shows that, on March 22, 2013, FCCFrequency
marketed unauthorized LPFM radio transmitters. Based on the foregoing
evidence, we find that FCCFrequency violated Section 302(b) of the
Communications Act and Sections 2.803 and 73.1660(a) of the Rules by
marketing and offering for sale unauthorized radio frequency devices.^
IV. REQUEST FOR INFORMATION
9. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
FCCFrequency is directed to confirm in writing that it has ceased
selling unauthorized radio frequency devices in the United States and
provide the information requested below within thirty (30) calendar
days after the release date of this Citation. A failure to respond in
writing, or the provision of an inadequate, incomplete, or misleading
response, may subject FCCFrequency to additional sanctions.
i. Provide a list of all radio frequency (RF) devices marketed or
available for sale by FCCFrequency as of September 11, 2013. For each
device, list the manufacturer name, make and model number. For each
model, provide a copy of any equipment certification, authorization,
verification or declaration of conformity issued by the FCC or a
relevant party concerning that model. Explain how each model complies
with Section 302(b) of the Act and Section 2.803 of the Rules. Provide
the name and address of the manufacturer, importer, and supplier of
each piece of RF equipment listed.
ii. Provide a list of all individuals and entities in the United States
that have purchased RF equipment from FCCFrequency beginning January
1, 2012. Provide contact names and addresses.
iii. Provide copies of all contracts entered into between any individual
or entity in the United States and FCCFrequency to sell, provide
and/or install RF equipment beginning January 1, 2012. Indicate which
contracts had been fulfilled, when, where, and with what model
iv. Provide copies of all marketing materials for RF equipment produced by
FCCFrequency beginning January 1, 2102.
v. Provide copies of all training materials, including scripts, for
FCCFrequency staff and installers.
vi. FCCFrequency customers have indicated to the Los Angeles Office that
FCCFrequency personnel assured them that an FCC license was not
necessary to operate the equipment purchased from FCCFrequency.
Provide the information that FCCFrequency gives to its customers, or
potential customers, concerning the need for an FCC license. Be as
specific as possible. To the extent these statements are made orally,
reduce them to writing.
vii. Provide the time frame of the operation of FCCFrequency.
Specifically, how long has FCCFrequency been marketing and selling RF
V. RESPONDING TO THIS CITATION
10. In addition to the required written information described in
paragraphs 3 and 9, above, FCCFrequency may, if it so chooses, respond
to this Citation--challenging the factual and legal findings
herein--within thirty (30) calendar days from the release date of this
Citation either through (1) a written statement, (2) a teleconference
interview, or (3) a personal interview at the Commission Field Office
nearest to your place of business.
11. If you would like to arrange a teleconference or personal interview,
please contact Charles A. Cooper at (562) 860-7474. The nearest
Commission Field Office is located in Cerritos, California. Such
teleconference or interview must take place within thirty (30)
calendar days of the date of this Citation. If you would like to
submit a written response, including any supporting documentation, you
must send the response within thirty (30) calendar days of the date of
this Citation to the contact and address provided in paragraph 12,
12. All written communications, including the information requested in
paragraphs 3 and 9, above, should be provided to the address below.
Federal Communications Commission
Los Angeles District Office
18000 Studebaker Road, Suite 660
Cerritos, California 90703
13. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include 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) business 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 FCC's Consumer & Governmental Affairs
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).
14. Please be advised that it is a violation of Section 1.17 of the
Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
of that person to make any false or misleading written or oral
statement of fact. Specifically, no person 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.^
15. Further, 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 imprisonment under 18 U.S.C. S 1001.
16. If you violate Section 1.17 of the Commission's rules or the criminal
statute referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Communications
17. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), 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.
VI. FUTURE VIOLATIONS
18. If, after receipt of this Citation, FCCFrequency again violates
Section 302(b) of the Act or Sections 2.803 or 73.1660 of the Rules by
engaging in conduct of the type described herein, the Commission may
impose monetary forfeitures not to exceed $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.^ For instance, the Commission
could impose separate forfeitures for each day on which an
unauthorized RF device is sold or for each day on which a
non-certified RF device is advertised or otherwise offered for sale.
Further, as discussed above, such forfeitures may be based on both the
conduct that led to the Citation and the conduct following it.^ In
addition, violations of the Communications Act or the Rules also can
result in seizure of equipment through in rem forfeiture actions,^ as
well as criminal sanctions, including imprisonment.^
VI. ORDERING CLAUSES
19. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, FCCFrequency must provide the written information
requested in paragraphs 3 and 9, above. The response to the request
for information must be provided in writing, signed under penalty of
perjury by an authorized official at FCCFrequency with personal
knowledge of the information and representations provided in the
written response, and must be received by the FCC within thirty (30)
calendar days after the release date of this Citation and Order.
20. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
sent both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested, to FCCFrequency at 8359 Buffalo Avenue, Panorama City, CA
FEDERAL COMMUNICATIONS COMMISSION
Charles A. Cooper
Los Angeles Office
^ 47 U.S.C. S 503(b)(5).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 73.1660(a).
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See Belarmino and Sonia Lara, Notice of Unlicensed Operation (Aug. 6,
2013) (on file in EB-FIELDWR-13-00010320); see also Angel Gutierrez,
Notice of Unlicensed Operation (Aug. 22, 2013) (on file in
^ 47 C.F.R. S 73.1660(a)(2).
^ See FCCFrequency Website: http://www.fccfrequency.com/ (Last visited
Sep. 11, 2013).
^ See FCCFrequency Website: http://store.fccfrequency.com/ (Last visited
Sep. 11, 2013). FCCFrequency appears to target religious groups in its
marketing stating that it can "train you in professional Christian
broadcasting" and that "[i]t is a real pleasure for us to present our
service on [sic] all ministers who want to have their own low power radio
antenna to preach and expand the kingdom of God Through the
communication!" See supra, note 8.
^ See supra, note 8. See also Media Bureau Announces Availability of the
Revised FCC Form 318 and the Filing Procedures for October 15 - October
29, 2013 Low Power FM Filing Window, Public Notice, 28 FCC Rcd 8854 (Med.
^ See, e.g., Revision of Part 2 of the Commission's Rules Relating to the
Marketing and Authorization of Radio Frequency Devices, Report and Order,
12 FCC Rcd 4533 (1997).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. S 2.803.
^ 47 C.F.R. S 2.803(a)-(b).
^ 47 C.F.R. S 73.1660(a)(1).
^ 47 C.F.R. S 73.1660(a)(2).
^ 47 U.S.C. S 302a(b); 47 C.F.R. SS 2.803, 73.1660(a).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See supra para. 2.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
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Federal Communications Commission DA 13-1975
Federal Communications Commission DA 13-1975