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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-06-SD-322

   Caught On Tape )

   6261 Vanguard Ave ) Citation No.: C20073294001

   Garden Grove, California 92845  )

                                    CITATION

                                                  Released: November 16, 2006

   By the District Director, San Diego 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 Caught On Tape
       for violation of Section 302(b) of the Act and Section 2.803(a)(1) of
       the Commission's Rules.

    2. Investigation by the Enforcement Bureau's San Diego Office and reports
       from Federal Aviation Administration personnel revealed that on
       September 13, 2006, the source of harmful radio interference to a
       Tactical Air Navigation (TACAN) system in the 1070 MHz band was a
       transmitter used in a video surveillance system in the same frequency
       band. The transmitter was located at a residence at 913 Hemingway
       Drive, Corona, California. The transmitter was operating in the
       restricted band from 960 MHz to 1240 MHz in which no certification
       would be granted under the Commission's Rules. The owner of the
       residence advised they had purchased the transmitter from Caught On
       Tape.

    3. Section 302(b) of the Act states: "[1][Author ID1: at Wed Nov 15
       16:08:00 2006 ][[2][Author ID1: at Wed Nov 15 16:08:00 2006
       ]:"[[3][Author ID1: at Wed Nov 15 16:08:00 2006 ]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 Rules 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: (1) In 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...." Sale
       of this device by Caught On Tape violates both 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,[4][Author ID1: at
       Wed Nov 15 16:08:00 2006 ] Caught On Tape is directed to provide the
       documents and information specified herein, within 10 days from the
       date of this Citation:

     a. Was the transmitter found at 913 Hemingway Drive, Corona, California
        installed by Caught On Tape? What was the make and model of the
        installed transmitter?

     b. Has Caught On Tape sold transmitters of the same make and model? If
        yes, how many of these transmitters are currently in use and at what
        locations?

     c. Has Caught On Tape sold other non-certified transmitters? If so, what
        are the make and models of these units, and how many of these
        transmitters are currently in use and at what locations?

    6. Caught On Tape may request an interview at the closest FCC Office,
       which is Federal Communications Commission, 18000 Studebaker Road,
       Suite 660, Cerritos, CA 90703. You may contact this office by
       telephone, XXX XXX-XXXX, which must take place within 10 days of this
       Citation. Caught On Tape may also submit a written statement to the
       above address within 10 days of the date of this Citation. Any written
       statements should specify what actions have been taken to correct the
       violation[s] outlined above. Please reference the case number
       EB-06-SD-248 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 Caught
       On Tape at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears, Jr.

   District Director, San Diego District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 503(b)(5).

   47 U.S.C. S 302a[5][Author ID1: at Wed Nov 15 16:08:00 2006 ](b).

   47 C.F.R. S [6][Author ID1: at Wed Nov 15 16:08:00 2006 ]2.803(a)(1).

   47 C.F.R. S 1.80(b)(3).

   47 U.S.C. SS 401, 501, 503, 510.

   [7][Author ID1: at Wed Nov 15 16:08:00 2006 ] 47 U.S.C. SS 154(i), 154(j),
   403.[8][Author ID1: at Wed Nov 15 16:08:00 2006 ]

   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

References

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