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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-SD-432
Ditec Digital Systems )
333 Washington Blvd.. ) Citation No.: C20073294002
Marina Del Rey, California 90292 )
CITATION
Released: January 22, 2007
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 Ditec Digital
Systems 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 ("FAA") personnel revealed that
on October 27, 2006, the source of harmful radio interference to the
FAA's Distance Measuring Equipment ("DME") system in the 1080 MHz band
was a transmitter used in a video surveillance system operating in the
same frequency band. San Diego agents located the offending
transmitter at Power Volkswagen at 2603 Wardlow Road, Corona,
California. This transmitter was operating in a restricted band from
960 MHz to 1240 MHz. Two other wireless transmitters were also found
operating on 1120 MHz and 1200 MHz at Power Volkswagen facility. The
general manager of the Power Volkswagen advised that the wireless
transmitters had been purchased from and installed by Ditec Digital
Systems. After being contacted by San Diego agents, staff at Ditec
Digital Systems confirmed that Ditec Digital Systems sold and
installed these devices.
3. Section 302(b) of the Act states: "[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 these
devices by Ditec Digital Systems 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, Ditec Digital
Systems is directed to provide the documents and information specified
herein, within 10 days from the date of this Citation:
a. Has Ditec Digital Systems sold additional transmitters of the
same make and model? If yes, how many of these transmitters are
currently in use and their locations?
b. Has Ditec Digital Systems 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 their locations?
6. Ditec Digital Systems 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, to schedule this interview, which must take
place within 10 days of this Citation. Ditec Digital Systems 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 violations outlined above.
Please reference the case number EB-06-SD-432 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 Ditec
Digital Systems 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(b).
47 C.F.R. 2.803(a)(1).
See 47 C.F.R. S 15.205.
47 U.S.C. S 302a(b).
47 C.F.R. 2.803(a)(1).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. SS 154(i), 154(j), 403.
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