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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-CG-841
SJT Enterprises )
Bartonsville, PA )
) Citation No.: C20073232001
)
CITATION
Released: December 20, 2006
By the District Director, Chicago 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 SJT Enterprises
("SJT") for violation of Section 302(b) of the Act and Section
2.803(a)(1) of the Commission's Rules.
2. On November 11, 2006, an agent from this office observed SJT offering
for sale non-certified 1.2 GHz video transmitters at "Trainfest 2006,"
which was held at the Wisconsin State Fair Grounds in West Allis,
Wisconsin. The agent also observed SJT offer for sale video transmitters
that operate on 2.4 GHz. Your web site was also found to market models
CCS-802 and CCS- 802A 1.2 GHz video systems as well as transmitters that
operate on 2.4 GHz.
3. Section 302(b) of the Act states 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 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 ..." Pursuant to Section 15.201(b) of the Rules, 47
C.F.R. S 15.201(b), intentional radiators must be authorized in accordance
with the FCC's certification procedures prior to the initiation of
marketing in the United States.
4. The 1.2 GHz wireless video systems operate within the restricted
frequency band 960 MHz to 1.240 GHz listed in Section 15.205(a) of the
Rules, 47 C.F.R. S 15.205(a). Operation on 1.2 GHz is specifically
restricted to aeronautical navigation and the Enforcement Bureau has
received complaints from the Federal Aviation Administration ("FAA")
concerning 1.2 GHz transmitters that cause harmful interference to the
FAA's Tactical Air Navigation System. Because 1.2 GHz is a restricted
frequency, wireless video transmitters operating on 1.2 GHz cannot comply
with the FCC's technical standards and therefore cannot be certificated or
marketed for use by the general public or non-federal government entities.
Accordingly, it appears that SJT has violated Section 302(b) of the Act
and Section 2.803(a)(1) of the Rules by marketing in the United States
radio frequency devices that are not eligible to receive a grant of
certification.
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. Pursuant to Sections 4(i), 4(j), and 403 of the Act, SJT Enterprises is
directed to provide the documents and information specified herein, within
10 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.
b. Provide a list of the transmitters you sell that operate on 2.4 GHz
and identify which transmitters have FCC certification.
7. SJT may request an interview at the closest FCC Office, which is
Federal Communications Commission, One Oxford Valley Office Building, Room
404, 2300 East Lincoln Highway, Langhorne PA 19047-1859. You may contact
the office by telephone, XXX XXX-XXXX, which must take place within 10
days of this Citation. Alternatively, SJT may request an interview at the
FCC's Chicago Office, 1550 N. Northwest Highway, Suite 306, Park Ridge,
IL, 60068. You may contact the Chicago Office by telephone, 847-813-4660.
8. SJT should submit a written statement within 10 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 the
case number EB-06-CG-841 when corresponding with the Commission. The
written statement should be sent to Federal Communications Commission,
1550 N. Northwest Highway, Suite 306, Park Ridge, IL, 60068.
9. 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.
10. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to SJT
Enterprises, PO Box 753, Bartonsville, PA 18321.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
District Director
Chicago District Office
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302(b).
47 C.F.R. 2.803(a)(1).
Section 15.205(a) allows intentional radiators to transmit only spurious
emissions in the restricted frequency bands. 47 C.F.R. S 2.1 defines
spurious emissions as "Emission on a frequency or frequencies which are
outside the necessary bandwidth and the level of which may be reduced
without affecting the corresponding transmission of information. Spurious
emissions include harmonic emissions, parasitic emissions, intermodulation
products and frequency conversion products, but exclude out-of-band
emissions."
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
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