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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
CERTIFIED MAIL: 7002 0860 0001 5426 9439
RETURN RECEIPT REQUESTED
Attention: Jimmy Jasani ) File No.: EB-04-
HU-032
Cellular World )
210 Highway 96 South ) Citation No.:
C20053254001
Silsbee, Texas 77656 )
CITATION
Released: November 2,
2004
By the Enforcement Bureau, Houston Office:
1. This is an Official Citation issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended (``Act'')1,
to Cellular World, for violation of Section 302(b) of the Act.2
2. Investigation by the FCC's Houston Office revealed that
beginning approximately in April of this year and on October 27,
2004, Cellular World operated an antenna tester/display unit at
their store located at 210 Highway 96 South, Silsbee, TX 77656.
The unit is used to illuminate specially designed cellular phone
antennas with embedded lights. These type devices have not
received FCC equipment authorization as required for radio
frequency devices marketed in the United States. Thus, the
importation, sale, or use of the device violates Section 302(b) of
the Act.
3. Section 302(b) of the Act, provides ``[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.''3
4. Operation of this device also may constitute unlicensed
radio operation in violation of Section 301 of the Act.4 Radio
transmitting equipment may be operated only upon Commission
issuance of a station license covering such equipment. The only
exception to the licensing requirement is for the operation of
certain low powered devices operated in accordance with Part 15 of
the Rules.5
5. Additionally, harmful interference caused by the operation of
this device is strictly prohibited. Operation of a low powered
device that otherwise meets the radiation limits of Part 15 of the
Rules6 but causes harmful interference violates Section 15.5(b) of
the Rules.7 Any willful or malicious interference to authorized
radio communications violates Section 333 of the Act.8
6. Subsequent violations of the Communications Act or of the
Commission's Rules may subject the violator to substantial monetary
fines not to exceed $11,000 for each such violation or each day of
a continuing violation,9 seizure of equipment through in rem
forfeiture action, and criminal sanctions including imprisonment.10
7. Section 503(b)(5) of the Act provides that Cellular World, may
request a personal interview at the closest FCC location to your
business or residence, this appears to be the Commission's Houston
Office. If you would like to schedule a personal interview contact
this office by telephone at XXX XXX-XXXX. You must schedule this
interview to take place within 30 days of the date of this
citation. Additionally, Cellular World may submit a written
statement within 30 days of the date of this citation. Any written
statement should specify what actions have been taken to correct
the violation outlined above. Please reference file number EB-04-
HU-032 when corresponding with the Commission. Any written
statement should be mailed to:
Federal Communications Commission
9597 Jones Road, #362
Houston, Texas 77065
8. Any statement or information you provide may be used by the
Commission to determine if further enforcement action is
required.11 Any knowingly or willfully false statement made in
reply to this notice is punishable by fine or imprisonment.12
FEDERAL COMMUNICATIONS COMMISSION
Stephen P. Lee
Resident Agent
Houston Office
Enforcement Bureau
_________________________
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 Id. See also 47 C.F.R. §§ 2.803(a)(1), 2.803(a)(2).
4 47 U.S.C. §301
5 See 47 C.F.R. §§ 15.1 et seq
6 Id.
7 47 C.F.R. § 15.5(b)
8 47 U.S.C. § 333
9 See 47 C.F.R. § 1.80(b)(3)
10 47 C.F.R. § 15.209
11 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3)
12 18 U.S.C. § 1001