Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                        )
                              )         File No.: EB-05-NY-
COP-USA, Inc.                      )
                              )         Citation No.: 
Flushing, New York                      )


                                Released:  December 22, 2005

By the District Director, New York Office, Northeast 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 COP-USA, Inc. for violation of Section 
   302(b) of the Act2 and Section 2.803(a) of the 
   Commission's Rules (``Rules'')3 for marketing 
   unauthorized radio frequency devices in the United 
   States. As explained below, future violations of the 
   Rules in this regard may subject your company to monetary 

2.   Investigation by the FCC's New York Office revealed 
   that on August 24, 2005, COP-USA, Inc., at its store 
   located at 33-11 College Point Blvd., Flushing, New York 
   11354, marketed unauthorized radio devices, specifically 
   a cell phone jammer, model CPB-01, and various models of 
   wireless audio/video transmitters and associated 
   receivers, which have not been certified for sale or use 
   in the United States.  

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 Commission's implementing regulations 
   provides that:

      `` 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 as required by 2.925....''  

4.   Inspection of the devices revealed that they 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  A search of the FCC's equipment authorization 
   database showed no evidence that these devices have been 
   certified. The devices being offered for sale by COP-USA 
   are not approved for use in the United States and 
   therefore the marketing and/or sale of such devices in 
   the United States is prohibited.

5.   Violations of the Act or the Commission's Rules may 
   subject the violator to substantial monetary 
   forfeitures,5 seizure of equipment through in rem 
   forfeiture action, and criminal sanctions, including 

6.   COP-USA, Inc. may request an interview at the closest 
   FCC Office, which is Federal Communications Commission, 
   New York Office, 201 Varick Street, Suite 1151, New York, 
   New York 10014.7  You may contact this office by 
   telephone, (XXX) XXX-XXXX, to schedule this interview, 
   which must take place within 14 days of this Citation.   
   COP-USA, Inc. may also submit a written statement to the 
   above address within 14 days of the date of this 
   Citation.  Any written statements should specify what 
   actions have been taken to correct the violations 
   outlined above.  Please reference file number EB-05-NY-
   212 when corresponding with the Commission.

7.   Any statement or information provided by you may be 
   used by the Commission to determine if further 
   enforcement action is required.8  Any knowingly or 
   willfully false statement made in reply to this Citation 
   is punishable by fine or imprisonment.9

8.        IT IS ORDERED that copies of this Citation shall 
   be sent by First Class U.S. Mail and Certified Mail, 
   Return Receipt Requested to COP-USA, Inc. at its address 
   of record.


                         Daniel W. Noel
                         District Director, New York Office
                         Northeast Region
                         Enforcement Bureau

147 U.S.C.  503(b)(5).
2 47 U.S.C.  302(b).
3 47 C.F.R.  2.803(a).
4 47 C.F.R.  2.925.
547 C.F.R.  1.80(b)(3).
647 U.S.C.  401, 501, 503, 510.
747 U.S.C.  503(b)(5).
8See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
9See 18 U.S.C.  1001 et seq.