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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-284
All Electronics Corporation )
) Citation No.: C20073290001
Van Nuys, California )
CITATION
Released: October 20, 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 All Electronics
Corporation 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 September 30, 2006, All Electronics Corporation, marketed
unauthorized radio devices, specifically wireless cameras Model 203CA, 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." 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. . . ."
4. A search of the FCC's equipment authorization database revealed no
evidence that these devices have been certified. The devices being
offered for sale by All Electronics Corporation 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. Devices similar to this type
of wireless camera have been shown to cause harmful interference to
aircraft radio-navigation support systems operated by the Federal Aviation
Administration.
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. All Electronics Corporation 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, XXX XXX-XXXX, to schedule this
interview, which must take place within 14 days of this Citation. All
Electronics Corporation 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-06-LA-284 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 All Electronics
Corporation at its address of record.
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. SS 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.
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