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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-DL-0096
BizCom )
) Citation No.: C201032500001
Aubrey, Texas 76227 )
CITATION
Released: February 5, 2010
By the District Director, Dallas Office, South Central 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 BizCom for
marketing in the United States unauthorized radio frequency devices in
violation of Section 302(b) of the Act, and Section 2.803 of the
Commission's Rules ("Rules"). As explained below, future violations of
the Commission's rules in this regard may subject your company to
monetary forfeitures.
2. Investigation by the FCC's Dallas Office revealed that on July 28,
2009, BizCom sold to and installed two "cell to tower jamming units"
at End Zone Athletics, Arlington, Texas.
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 as required by S: 2.925 and other relevant sections in this
chapter.
Additionally, Section 2.803(g) of the Rules provides in pertinent part
that:
[R]adio frequency devices that could not be authorized or legally operated
under the current rules ... shall not be operated, advertised, displayed,
offered for sale or lease, sold or leased, or otherwise marketed absent a
license issued under part 5 of this chapter or a special temporary
authorization issued by the Commission.
4. Pursuant to Section 15.201(b) of the Rules, intentional radiators must
be authorized in accordance with the Commission's certification
procedures prior to the initiation of marketing in the U.S. It does
not, however, appear that the above-cited jammer is capable of
receiving a grant of certification. In this regard, the main purpose
of the jammer is to block or interfere with radio communications. Such
use is clearly prohibited by Section 333 of the Act, which states that
"[n]o person shall willfully or maliciously interfere with or cause
interference to any radio communications of any station licensed or
authorized by or under this Act or operated by the United States
Government." The Commission has issued two Public Notices specifically
stating that the sale and use of transmitters designed to prevent, jam
or interfere with the operation of cellular and personal
communications service ("PCS") telephones (XXX) XXXX-XXXhus, this
device cannot comply with the FCC's technical standards and therefore
cannot be certified or marketed.
5. If, after receipt of this citation, you violate the Communications Act
or the Commission's Rules in any manner described herein, the
Commission may impose monetary forfeitures not to exceed $16,000 for
each such violation or each day of a continuing violation.
6. If you choose to do so, you may respond to this citation within 30
days from the date of this letter either through (1) a personal
interview at the Commission Field Office nearest to your place of
business, or (2) a written statement. Your response should specify the
actions that BizCom is taking to ensure that it does not violate the
Commission's rules governing the marketing of radio frequency jamming
devices in the future and reference file number EB-09-DL-0096. The
nearest Commission Field Office is located in Dallas, Texas. You may
contact this office by telephone, (214) 575-6361, to schedule this
interview, which must take place within 30 days of this Citation.
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 BizCom
at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director, Dallas Office
South Central 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.
47 C.F.R. S: 2.803(g).
47 C.F.R. S: 15.201(b).
Section 15.3(o) of the Rules defines an "intentional radiator" as a
"device that intentionally generates and emits radio frequency energy by
radiation or induction." 47 C.F.R. S: 15.3(o).
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering to sale or lease, including advertising for sale or
lease, or importation, shipment or distribution for the purpose of selling
or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4).
47 U.S.C. S: 333.
See Office of Engineering and Technology and Compliance and Information
Bureau Warn Against the Manufacture, Importation, Marketing or Operation
of Transmitters Designed to Prevent or Otherwise Interfere with Cellular
Radio Communications. DA 99-2150, released October 12, 1999; Sale or Use
of Transmitters Designed to Prevent, Jam or Interfere with Cell Phone
Communications is Prohibited in the United States. DA 05-1776, released
June 27, 2005.
See 47 C.F.R. S: 1.80(b)(3).
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
3
Federal Communications Commission