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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-06-NY-175
S & D Consulting Int. Ltd. )
) Citation No. C20073238003
New York, NY )
CITATION
Released: November 29, 2006
By the District Director, New York District 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"), to S & D
Consulting Int. Ltd. for violation of Section 302(b) of the Act, and
Section 2.803(a)(2) of the Commission's Rules ("Rules").
2. Investigation by the Enforcement Bureau's New York Office revealed
that S & D Consulting Int. Ltd. marketed electronic devices on its
website, specifically, ceremonial bugle insert models CB2003US and
CB2006UK. On September 25, 2006, a Commission agent visited the
corporate office of S & D Consulting Int. Ltd., and confirmed that the
ceremonial bugle inserts marketed by S & D Consulting Int. Ltd. did
not have any labeling on them to show that the devices comply with the
FCC Rules.
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)(2) 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 that is not required to have a grant of equipment authorization
issued by the Commission, but which must comply with the specified
technical standards prior to use, such device also complies with all
applicable administrative (including verification of the equipment or
authorization under a Declaration of Conformity, where required),
technical, labeling and identification requirements specified in this
chapter."
4. 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.
5. S & D Consulting Int. Ltd. may request an interview at the closest FCC
Office, which is:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
S & D Consulting Int. Ltd. may contact this office by telephone at XXX
XXX-XXXX. S & D Consulting Int. Ltd. may also submit a written statement
to this office within fourteen (14) days of the date of this Citation. Any
written statement should specify what actions have been taken to correct
the violations outlined above. Please reference file number EB-06-NY-175
and citation number C20073238003 when corresponding with the Commission.
6. 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.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to S & D
Consulting Int. Ltd. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S 503(b)(5)
47 U.S.C. S 302(b)
47 C.F.R. S 2.803(a)(2)
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