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                                                                    DA 11-249

                                                             February 9, 2011

                                             Enforcement Advisory No. 2011-03

              CELL JAMMERS, GPS JAMMERS, and OTHER JAMMING DEVICES

   Retailers Advised that the Marketing or Sale of Devices Designed to Block,
                                      Jam,

    or Interfere with Authorized Radio Communications Is Strictly Prohibited
                                  in the U.S.

       Enforcement Bureau Takes Action Against the Retail Sale of Jammers

   In order to prevent harmful interference to critical public safety
   communications and authorized radio services, federal law prohibits the
   marketing and sale of "jammers," i.e., equipment designed to intentionally
   block, jam, or interfere with licensed or authorized radio communications.
   This longstanding prohibition applies to any type of jamming equipment,
   including devices that interfere with cellular and Personal Communications
   Services (PCS), police radar, Global Positioning Systems (GPS), and
   wireless networking services (Wi-Fi).

   Jammers not only disrupt authorized radio services, but also jeopardize
   critical public safety communications, such as 9-1-1 calls, and could
   compromise law enforcement efforts. Ensuring the public's access to these
   vital services is critically important, and the Enforcement Bureau is
   committed to strict enforcement in this area. Recently, for example, the
   Bureau: issued seven citations requiring well-known online retailers of
   cell phone jammers to come into immediate compliance; launched a
   proceeding to revoke the equipment authorization for a device that is
   being marketed in the United States as a text stopper; and initiated a
   $25,000 forfeiture proceeding against Phonejammer.com for marketing cell
   phone jammers in the United States. A complete list of jammer enforcement
   actions is available at www.fcc.gov/eb/jammerenforcement.

   What is Prohibited?  Federal law prohibits the manufacture, marketing, and
   operation of jammers in the United States.  As to operation, section 333
   of the Communications Act prohibits "willful or malicious" interference to

   authorized radio communications, and thus prohibits the operation of
   jammers. As to manufacture and marketing, section 302(b) of the
   Communications Act and section 2.803 of the Commission's rules prohibit
   the manufacture, import, sale, offer for sale, or shipment of devices that
   do not comply with the FCC's rules.  In turn, the FCC prohibits the
   marketing of radio frequency devices in the United States unless the
   devices are properly authorized or meet other applicable requirements. 
   Jammers, by definition, can never be authorized because they are designed
   to interfere with authorized radio communications. Therefore, they cannot
   be marketed in the United States (except in the very limited context of
   authorized use by the U.S. government).

   What Should Manufacturers and Retailers Do to Comply? Manufacturers and
   retailers of electronic equipment should take the following steps:

     * Immediately stop marketing within the United States any equipment that
       is designed to block, jam, or otherwise interfere with authorized
       radio communications.

     * Decline to sell or ship such jamming devices to addresses in the
       United States and its territories (except in the case of permitted
       sales to the U.S. government).

     * Ensure that any jamming devices manufactured in the United States are
       available solely for export and are not for sale domestically except
       to the U.S. government. We note that U.S. manufacturers should be
       aware that jammers may be unlawful in other countries.

   We emphasize that it is insufficient and misleading for manufacturers and
   retailers to include a disclaimer on their websites or in promotional or
   advertising materials stating or implying that U.S. consumers bear sole
   responsibility for complying with the applicable legal obligations. Such
   disclaimers are misleading because they fail to disclose that the
   manufacturer or retailer is also violating the law both by offering the
   device for sale to U.S. customers and completing the sale transaction. Use
   of disclaimers that purport to place the sole burden on the buyer cannot
   absolve the manufacturer or retailer of liability.

   What Are the Penalties that Apply?  Unlawfully marketing jammers in the
   United States may result in monetary forfeitures of up to $16,000 for each
   violation or each day of a continuing violation, and up to $112,500 for a
   single violation, seizure of the unlawful equipment, and criminal
   sanctions including imprisonment. The Enforcement Bureau remains committed
   to strict enforcement in this area.

   Need more information?  To file a complaint, visit www.fcc.gov/complaints
   or call 1-888-CALL-FCC. For additional information regarding compliance
   with and enforcement of the Commission's equipment marketing rules as they
   apply to jamming devices, please visit www.fcc.gov/eb/jammerenforcement or
   contact Kevin Pittman or Neal McNeil of the Enforcement Bureau at (202)
   418-1160 or jammerinfo@fcc.gov. Media inquiries should be directed to
   David Fiske at (202) 418-0513 or David.Fiske@fcc.gov.

   To request materials in accessible formats for people with disabilities
   (Braille, large print, electronic files, audio format), send an e-mail to
   fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202)
   418-0530 (voice), (202) 418-0432 (TTY). You may also contact the
   Enforcement Bureau on its TTY line at (202) 418-1148 for further
   information about this Enforcement Advisory, or the FCC on its TTY line at
   1-888-TELL-FCC (1-888-835-5322) for further information about the jamming
   prohibitions.

                                         Issued by: Chief, Enforcement Bureau

                                     -FCC-

   See Sale or Use of Transmitters Designed to Prevent, Jam or Interfere with
   Cell Phone Communications is Prohibited in the United States, Public
   Notice, DA 05-1776 (2005); Office Of Engineering and Technology and
   Compliance and Information Bureau Warn Against the Manufacture,
   Importation, Marketing or Operation of Transmitters Designed to Prevent or
   Otherwise Interfere with Cellular Radio Communications, Public Notice, DA
   99-2150 (1999).

   See DealExtreme, Citation, DA 11-248 (2011); Share Enterprises Unlimited,
   Inc., Citation, DA 11-247 (2011); Comtrex Communications, Ltd., Citation,
   DA 11-135 (2011); DeadlyDeal.com, Citation, DA 11-125 (2011); New Century
   Technology Limited, Citation, DA 11-98 (2011); Everybuying.com, Citation,
   DA 10-2295 (2010); Jammer World/TheJammerStore.com, Citation, DA 10-2240
   (2010) (all noting that future violations could lead to forfeitures).

   See Shenzhen Tangreat Technology Co., Ltd., Order to Show Cause and Notice
   of Opportunity for Hearing, DA 11-246, (2011) (proposing both revocation
   and forfeiture liability and directing Shenzhen to respond within 30
   days).

   See Phonejammer.com, Notice of Apparent Liability for Forfeiture, DA
   10-669 (2010).

   See 47 U.S.C. S:S: 301, 302a(b). Two statutory exceptions include
   manufacture solely for export and use by the U.S. Government. See 47
   U.S.C. S: 302a(c); 47 C.F.R. S: 2.807(a)-(d). Marketing is defined 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." 47 C.F.R. S:
   2.803(e)(4).

   See 47 U.S.C. S: 333. See also 47 U.S.C. S:S: 301, 302a(b). See also
   CONSUMERS BEWARE: It is Unlawful to Use "Cell Jammers" and Other Equipment
   that Blocks, Jams, or Interferes with Authorized Radio Communications in
   the U.S.,  FCC Enforcement Advisory, DA 11-250 (2011).

   See 47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803.

   See, e.g., 47 C.F.R. S: 2.803(c)-(d).

   See 47 U.S.C. S: 302a(c); 47 C.F.R. S: 2.807(d).

   See 47 U.S.C. S:S: 401, 501, 503, 510; 47 C.F.R. S: 1.80(b)(3).

   Page 2 of 2

   PUBLIC NOTICE

                                  Page 1 of 2

                            FCC ENFORCEMENT ADVISORY

   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322