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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-326
Spittys Wholesale Specialty Products )
) Citation No.: C20073290008
Duarte, California )
CITATION
Released: January 23, 2007
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 Spittys Wholesale
Specialty Products 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 25, 2006, at the Crossroads of the West Gun Show at the
Orange County Fairgrounds, Spittys Wholesale Specialty Products, marketed
unauthorized radio devices, specifically wireless surveillance cameras
manufactured by Lianyida (LYD) Corporation, with associated receivers,
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. . . ." Spittys Wholesale
Specialty Products' marketing of these devices violates both 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. Spittys Wholesale Specialty Products 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. Spittys Wholesale Specialty Products 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-326 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 Spittys Wholesale
Specialty Products at its 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