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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-07-SD-100
Southern California Microwave, Inc. )
2732 Via Orange Way ) Citation No.: C20073294004
Spring Valley, California 91978 )
CITATION
Released: May 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 Southern
California Microwave, Inc. for violation of Section 302(b) of the Act
and Section 2.803(a)(1) of the Commission's Rules.
2. Investigation on April 4, 2007, by the Enforcement Bureau's San Diego
Office revealed that Southern California Microwave, Inc., had offered
for sale an uncertified wireless video camera transmitting in the 1845
MHz band.
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 this
device by Southern California Microwave, Inc. violates both sections.
4. San Diego agents had previously investigated reports from Cingular
Wireless that the source of harmful radio interference to a PCS
communications system was a wireless video camera transmitting with a
center frequency of 1845 MHz. The video camera was located at the
street light in front of 1320 E. Vineyard Road, Phoenix, AZ. The owner
of the device advised the agents that the wireless video transmitter
was purchased from Southern California Microwave, Inc. No labels were
found on the transmitter unit indicating the manufacturer had
certified the equipment as required by the Act or the Commission's
Rules.
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, Southern
California Microwave, Inc. is directed to provide the documents and
information specified herein, within 10 days from the date of this
Citation:
a. Was the wireless video transmitter found at the street light in front
of 1320 E. Vineyard Road, Phoenix, AZ installed by Southern
California Microwave, Inc.? Describe the make and model of the
device.
b. Has Southern California Microwave, Inc. sold wireless video
transmitters of the same make and model? If yes, how many of these
transmitters are currently in use and their locations?
c. Has Southern California Microwave, Inc. 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?
7. Southern California Microwave, Inc. may request an interview at the
closest FCC Office, which is Federal Communications Commission, 4542
Ruffner Street, San Diego, CA 92111. You may contact this office by
telephone, XXX XXX-XXXX, which must take place within 10 days of this
Citation. Southern California Microwave, Inc. 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-07-SD-100 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
Southern California Microwave, Inc. 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 302(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. 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