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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-318
Guang Yu )
) Citation No.: C20073290004
El Monte, California )
CITATION
Released: December 1, 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 Guang Yu for
violation of Section 302(b) of the Act, and Section 2.803(a)(1) 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 November 18, 2006, Guang Yu, marketed unauthorized radio
frequency devices, specifically wireless cameras, and associated
receivers, operating on 1.2 GHz, 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. . . ." Guang Yu's
marketing of these devices violates both of these sections.
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. Pursuant to Sections 4(i), 4(j), and 403 of the Act, Guang Yu is
directed to provide the information specified herein, within 14 days from
the date of this Citation.
a. Provide name and address of the source, distributor and/or importer
from whom you acquired the 1.2 GHz wireless cameras.
6. Guang Yu 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. Guang Yu 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-318 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 Guang Yu at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
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.
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