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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-06-NY-225
M.J. Electronics )
) Citation No. C20073238006
Mount Vernon, NY )
CITATION
Released: January 17, 2007
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 M.J.
Electronics for violation of Section 302(b) of the Act, and Section
2.803(a)(1) of the Commission's Rules ("Rules").
2. Investigation by the Enforcement Bureau's New York Office revealed
that M.J. Electronics offered for sale on its website various
non-certified 1.2 GHz video transmitters, and also video transmitters
that operate on 2.4 GHz. The transmitters range in output power from
100 mW to 1500 mW, and include models MJ-1200MC, MJ-2400VHT, MJ-808HP,
MJ-2400VH, and MJ-VT07WP.
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 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 that is 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 M.J. Electronics 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. Similarly, M.J.
Electronics would be in violation of Section 302(b) of the Act and
Section 2.803(a)(1) of the Rules if the transmitters it is selling
that operate on 2.4 GHz are not FCC certified.
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, M.J. Electronics
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.
1. M.J. Electronics 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
M.J. Electronics may contact this office by telephone at XXX XXX-XXXX.
M.J. Electronics 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-225 and citation
number C20073238006 when corresponding with the Commission.
8. 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.
9. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to M.J.
Electronics 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)(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
3
Federal Communications Commission