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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-100
MCM - In One )
) Citation No.: C20063290005
Centerville, OH )
CITATION
Released: May 17, 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"), to MCM - In One
("MCM") for violation of Section 302(b) of the Communications Act, and
Section 2.803(a) 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 March 7, 2006, MCM, in a printed mail order catalog which was
copyrighted 2006 and sent to a California address, and on its website,
marketed an unauthorized radio device, specifically Defender model 82-6330
2.4 GHz wireless video transmitter, which has 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." 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 S 2.925 and other relevant sections in this
chapter."
4. A search of the FCC's equipment authorization database showed no
evidence that this device has been certified. The device being offered for
sale by MCM is 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, seizure of equipment through
in rem forfeiture action, and criminal sanctions, including imprisonment.
6. MCM may request an interview at the closest FCC Office, which is
Federal Communications Commission, Detroit District Office, 24897 Hathaway
Street, Farmington Hills, Michigan 48335. You may contact this office by
telephone, (248) 471-5661 to schedule this interview, which must take
place within 14 days of this Citation. MCM may also submit a written
statement to Federal Communications Commission, Los Angeles District
Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 90703 within 14 days
of the date of this Citation. Any written statements should specify what
actions have been taken to correct the violation outlined above. Please
reference file number EB-06-LA-100 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. Any
knowingly or willfully false statement made in reply to this Citation is
punishable by fine or imprisonment.
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 MCM at 650 Congress
Park Dr., Centerville, OH, 45459.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 U.S.C. SS 302a(b), 503(b)(5).
47 C.F.R. S 2.803(a).
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. S 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission