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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-05-LA-298
2by2security.com. )
) Citation No.:
C20063290003
Los Angeles, California )
CITATION
Released: February 24, 2006
By the District Director, Los Angeles District Office,
Western 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 2by2security.com for violation of
Section 302(b) of the Communications Act, and Section
2.803(a)2 of the Commission's Rules (``Rules'') for
marketing unauthorized radio frequency devices in the United
States.
2. Investigation by the Enforcement Bureau's Los
Angeles Office revealed that on February 1, 2006,
2by2security.com, on its website, marketed unauthorized
radio devices, specifically five models of 900MHz to 1.23
GHz wireless cameras, models LJ109, LJ129, LJ117, LJ118 and
LJ119, and associated receivers, which have not been
certificated for sale or use in the United States.
3. 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 section.''3 Section
2.803(a)(1) of the Commission's implementing regulations
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 ... [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 and other relevant
sections in this chapter.''4
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
2by2security.com 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 imprisonment.6
6. 2by2security.com may request an interview at the
closest FCC Office, which is Federal Communications
Commission, Los Angeles District Office, 18000 Studebaker
Rd., Suite 660, Cerritos, CA 90703. You may contact this
office by telephone, (562) 865-0598, to schedule this
interview, which must take place within 14 days of this
Citation. 2by2security.com 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-LA-298 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.7
Any knowingly or willfully false statement made in reply to
this Citation is punishable by fine or imprisonment.8
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
2by2security.com at 1125 N. McCadden Place, Suite 108, Los
Angeles, CA 90038.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
_________________________
1 47 U.S.C. §§ 302a(b), 503(b)(5).
2 47 C.F.R. § 2.803(a).
3 47 U.S.C. §§ 302a(b).
4 47 C.F.R. § 2.803(a)(1).
5 47 C.F.R. § 1.80(b)(3).
6 47 U.S.C. §§ 401, 501, 503, 510.
7 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
8 See 18 U.S.C. § 1001 et seq.