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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Netline Communications Technologies, Ltd. ) File No. EB-04-SJ-
053
2 Kaufmann Street )
Tel Aviv 68012 ) Citation No.
C20043292002
Israel )
CITATION
Released: November 10,
2004
By the Resident Agent, San Juan Office, South Central Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended
(``Act''),1 to Netline Communications Technologies, Ltd.
(``Netline'') for violation of Section 302(b) of the Act2 and
Section 2.803(a) of the Commission's Rules (``Rules''). 3
2. Investigation by the Commission's San Juan Office of the
Enforcement Bureau (``San Juan Office'') revealed that Netline
sold twenty-three Netline C-Guard HP, high power units, to Cruz
Consulting Group. Ten were sold to Cruz Consulting Group on
January 20, 2004 on Invoice 42005, and additional thirteen on
February 3, 2004 on Invoice 42015. These units transmit on two
mobile wireless phone bands, one band centered at 875 and the
second centered on 1950 MHz, and are designed to jam or block
wireless communications. The bill of lading for these units
described them as ``cellular jammers.'' Netline contracted with
UTI to transport the cellular jammers to the United States.
These cellular jammers were delivered to Cruz Consulting Group
in Puerto Rico, United States and ultimately installed in the
Guayama Correctional facility located on Road # 7707 in Guayama,
Puerto Rico. Inspection of the units revealed that the devices
bore no FCC equipment authorization or any other unique
identification label as required by Section 2.925 of the Rules
for radiofrequency devices marketed in the United States.4
3. Section 302(b) of the Act, provides ``[N]o person shall
manufacture, import, sell, offer for sale, or ship devices or
homes 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 Rules 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: (1) In 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 as required
by §2.925....'' These devices are not approved for use in the
United States and the marketing or sale of those devices in the
United States is, therefore, prohibited by Section 302(b) of the
Act and Section 2.803 of the Rules.
4. Violations of the Act or the Rules may subject the violator
to monetary fines not to exceed $11,000 for each violation or
each day of a continuing violation,5 seizure of equipment
through in rem forfeiture action and criminal sanctions
including imprisonment.6
5. Section 503(b)(5) of the Act provides that Netline may
request an interview at the closest Commission Office, which is
located at Federal Communications Commission, US Federal
Building Room 762, San Juan, PR 00918-1731, USA. The facsimile
number for that office is XXX XXX-XXXX. If you desire an
interview, you must schedule it to take place within fourteen
(14) days of the date of this citation.
6. Pursuant to Sections 4(i), 4(j) 308(b) and 403 of the Act,
Netline is directed to provide to the San Juan Office the
documents and information specified herein, within fourteen (14)
calendar days from the date of this citation.
(a) A list of all customers located in the United States
that have purchased cellular jammers from Netline. Include the
name, address and telephone number of each purchaser and the
number of units purchased by each purchaser. This information
is needed so that we may inform the buyers that operation of
these uncertified devices violates the Rules.
7. This Citation shall be sent by Federal Express and
Facsimile, (011 972-3-5109821).
8. The Privacy Act of 19747 requires that we advise you that
the Commission will use all relevant material information before
it, including any information disclosed in your reply, to
determine what, if any, enforcement action is required to ensure
compliance. Any false statement made knowingly and willfully in
reply to this Notice is punishable by fine or imprisonment under
Title 18 of the U.S. Code.8
9. Please direct any questions regarding this matter to Reuben
Jusino at XXX XXX-XXXX or XXX XXX-XXXX.
FEDERAL COMMUNICATIONS COMMISSION
Reuben Jusino
Resident Agent-San Juan
Enforcement Bureau
_________________________
147 U.S.C. § 503(b)(5).
247 U.S.C. § 302a(b).
347 C.F.R. § 2.803(a).
447 C.F.R. § 2.925.
547 C.F.R. §1.80(b)(3).
647 C.F.R. §§ 401, 501, 503 and 510.
7P.L. 93-579, 5 U.S.C. § 552a(e)(3).
818 U.S.C. § 1001 et seq.