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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-325
ORVAC Electronics )
) Citation No.: C20073290009
Fullerton, 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 ORVAC Electronics
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 22, 2006, ORVAC Electronics, marketed unauthorized radio
devices, specifically multiple models of wireless surveillance cameras
manufactured by LYD, and COP Security, and 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. . . ." ORVAC Electronics'
marketing of these devices 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. ORVAC Electronics 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. ORVAC Electronics 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-325 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 ORVAC Electronics 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