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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-08-SF-003

   New Tung Kee Noodle House No. 4, Inc. )

   ) Citation No.: C200832960003

   Mountain View, California 94040 )


                                                       Released: May 27, 2008

   By the District Director, San Francisco 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 New Tung Kee
       Noodle House No 4, Inc., ("New Tung Kee") a/k/a Luu Noodle Restaurant,
       for violation of Section 15.209(a) of the Commission's Rules.

    2. Investigation by the Enforcement Bureau's San Francisco Office
       revealed that on February 26, 2008, New Tung Kee operated a "Pokky"
       Point of Sale ("POS") transmitting device on 433.92 MHz. The Pokky POS
       transmitting device was not labeled, as required by Section 15.19(a)
       of the Rules, and a review of the Commission's databases revealed that
       the device was not verified or certified.

    3. Section 15.209(a) provides that the emissions from an intentional
       radiator operating on 433.92 MHz shall not exceed the field strength
       of 200 microvolts per meter (uV/m), measured at three meters.
       Measurements by the San Francisco Office showed that New Tung Kee was
       operating the Pokky POS device at a field strength of 18,469 uV/m,
       measured at three meters. New Tung Kee's operation of the Pokky POS
       device violates this section.

    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

    5. Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, New Tung
       Kee is directed to provide the documents and information specified
       herein, within 30 days from the date of this Citation:

     a. Any certification or verification documents for the Pokky POS device
        (transmitter, receiver, and any associated equipment), along with any
        photograph of the Pokky POS device (transmitter, receiver, and any
        associated equipment) with FCC labels, as required by Section
        15.19(a) of the Rules.

     b. Manufacturer equipment manual, user's manual, or instruction manual
        for the Pokky POS device (transmitter, receiver, and any associated

     c. Name and address of the retailer, importer or manufacturer where the
        Pokky POS device (transmitter, receiver, and any associated
        equipment) was purchased.

    6. New Tung Kee may request an interview at the closest FCC Office, which
       is Federal Communications Commission, 5653 Stoneridge Dr., Ste. 105,
       Pleasanton, CA 94588-8543. You may contact this office by telephone,
       (XXX) XXXX-XXXX to schedule this interview, which must take place
       within 14 days of this Citation. New Tung Kee 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 violation outlined above. Please reference
       file number EB-08-SF-003 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 New
       Tung Kee at its address of record.


   Thomas N. Van Stavern

   District Director

   San Francisco District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 15.209(a).

   47 C.F.R. S: 15.19(a).

   47 C.F.R. S: 15.209(a).

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S:S: 154(i), 154(j), 308(b), 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


                       Federal Communications Commission