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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
J Communications Co., Ltd. ) EB Docket No. 04-28
) EB-02-TS-588
Grantee of Equipment ) FRN # 0005-8369-60
Authorization for )
General Mobile Radio Service )
Radios,
FCC ID# OAJFR1-GPS
ORDER TO SHOW CAUSE
Adopted: February 4, 2004 Released:
February 9, 2004
By the Commission:
I. INTRODUCTION
1. In this Order to Show Cause, we commence a hearing
proceeding pursuant to Section 2.939 of the Commission's
Rules (``Rules''),1 to determine whether the equipment
authorization held by J Communications Co., Ltd. (``J
Communications'') for its General Mobile Radio Service
(``GMRS'') radios, FCC ID# OAJFR1-GPS, should be revoked.
The GMRS radios manufactured by J Communications under FCC
ID# OAJFR1-GPS have the capability to transmit data,
specifically Global Positioning System (``GPS'') location
information, in contravention of Section 95.631 of the Rules2
and the equipment authorization held by J Communications.
II. BACKGROUND
2. The GMRS is a short-distance, two-way land mobile
radio service available for communications that facilitate
personal or business activities of licensees and their
immediate family members.3 Section 95.631(a) of the Rules
generally limits GMRS transmitters to voice communications,4
and Section 95.631(f) of the Rules explicitly provides that
no GMRS transmitter shall transmit non-voice data.5 GMRS
transmitters must be authorized in accordance with the FCC's
certification procedures prior to marketing.6
3. On March 20, 2002, the FCC's Office of
Engineering and Technology (``OET'') granted J Communications
an equipment certification, FCC ID # OAJFR1-GPS, for its GMRS
radios.7 This certification explicitly authorizes F3E8
(voice) emissions only.
4. In response to a complaint alleging that the GMRS
radios manufactured by J Communications transmit GPS data in
violation of Section 95.631 of the Rules and the explicit
terms of the equipment authorization held by J
Communications, the Enforcement Bureau issued a letter of
inquiry (``LOI'') to J Communications on June 20, 2003.9 In
its response to the LOI,10 J Communications acknowledged that
its radios use F2D11 (data) emissions to transmit GPS
location information on GMRS frequencies. J Communications
asserts that when it submitted samples of the GMRS radios to
the FCC for testing and authorization, it also submitted a
copy of the user manual for the radios. Section 3.4-2 of the
user manual, entitled GPS Function, indicates that ``[t]his
feature provides you to inform or transmit your current
position to another party.'' J Communications maintains that
it was under the impression that F2D emissions are covered
by this statement and that the FCC approved such emissions
when it granted the certification for the GMRS radios. J
Communications also indicates that it has manufactured
approximately 7,500 of the GMRS radios for sale in the United
States.
III. DISCUSSION
5. Section 2.939(a)(2) of the Rules states that the
Commission may revoke any equipment authorization ``if upon
subsequent inspection or operation it is determined that the
equipment does not conform to the pertinent technical
requirements or to the representations made in the original
application.''12 Furthermore, Section 2.939(a)(4) of the
Rules states that the Commission may revoke any equipment
authorization because of conditions coming to its attention
``which would warrant it in refusing to grant an original
application.''13 The Commission is required to follow the
same procedures in revoking an equipment authorization as it
does in revoking a radio station license.14 Pursuant to
Section 312(c) of the Communications Act of 1934, as amended,
before revoking a radio station license, the Commission must
serve the licensee with an order to show cause why revocation
should not issue and must provide the licensee with an
opportunity for hearing.15
6. As noted above, Section 95.631 of the Rules
generally limits GMRS transmitters to voice communications.
In addition, the equipment certification issued by OET to J
Communications for its GMRS radios explicitly authorizes F3E
(voice) emissions only. J Communications asserts that the
user manual that it submitted to OET along with the GMRS
radios indicates that the radios are capable of transmitting
GPS location information.16 However, we note that in Item 12
of its Application for Equipment Authorization, which is
entitled Equipment Specifications, J Communications clearly
specifies F3E as the only emissions designator for these
radios. Moreover, irrespective of any language in the user's
manual, this equipment is required to conform to the
Commission's rules and the express limitations of its
certification. It appears that the GMRS radios manufactured
by J Communications under FCC ID# OAJFR1-GPS do not conform
either to the applicable technical requirements for GMRS
transmitters or to the representations made by J
Communications in its Application for Equipment
Authorization. Furthermore, the fact that these GMRS radios
are capable of transmitting GPS location information is
apparently a condition that would warrant the Commission in
refusing to grant an original application for equipment
authorization for such devices. Accordingly, we are
designating this matter for hearing before an Administrative
Law Judge to determine whether the equipment certification
held by J Communications for its GMRS radios, FCC ID #
OAJFR1-GPS, should be revoked.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to
Section 2.939(b) of the Rules, J Communications is hereby
ORDERED TO SHOW CAUSE why its equipment authorization, FCC ID
# OAJFR1-GPS, SHOULD NOT BE REVOKED. J Communications SHALL
APPEAR before an Administrative Law Judge at a time and place
to be specified in a subsequent order and give evidence upon
the following issues:
(a) To determine whether the GMRS radios
manufactured by J Communications under FCC ID #
OAJFR1-GPS violate Section 95.631 of the Rules
and/or the explicit terms of the equipment
authorization for the radios; and
(b) To determine, in light of the evidence
adduced pursuant to issue (a), whether the
equipment authorization held by J
Communications, FCC ID # OAJFR1-GPS, should be
revoked.
8. IT IS FURTHER ORDERED that, pursuant to 2.939(b)
of the Rules, to avail itself of the opportunity to be heard
and to present evidence at a hearing in this proceeding, J
Communications, in person or by an attorney, SHALL FILE with
the Commission, within thirty days of the release of this
Order to Show Cause, a written appearance stating that it
will appear at the hearing and present evidence on the issues
specified above. If J Communications fails to file a timely
notice of appearance, its right to a hearing SHALL BE DEEMED
TO BE WAIVED. In the event that J Communications waives its
right to a hearing, the Chief Administrative Law Judge (or
the presiding officer if one has been designated) SHALL, at
the earliest practicable date, ISSUE an order reciting the
events or circumstances constituting a waiver of hearing,
terminating the hearing proceeding, and certifying the case
to the Commission.
9. IT IS FURTHER ORDERED that, pursuant to Section
0.111(b) of the Rules,17 the Enforcement Bureau shall serve
as trial staff in this proceeding.
10. IT IS FURTHER ORDERED that, the burden of
proceeding with the introduction of evidence and the burden
of proof with respect to the issues specified above shall be
on the Enforcement Bureau.
11. IT IS FURTHER ORDERED that a copy of this Order to
Show Cause shall be sent by Certified Mail, Return Receipt
Requested, to Jong-Oh Kim, President, J Communications Co.,
Ltd., 124-4 Ojeon-Dong, Uiwang-City, Kyungki-Do, 437-070,
South Korea.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
_________________________
1 47 C.F.R. § 2.939.
2 47 C.F.R. § 95.631.
3 See 47 C.F.R. § 95.1.
4 47 C.F.R. § 95.631(a). Under Section 95.631(a), non-voice
emissions from GMRS transmitters are limited to selective calling
or tone-operated squelch tones to establish or continue voice
communications. See also 47 C.F.R. § 95.181(f), (g).
5 47 C.F.R. § 95.631(f).
6 47 C.F.R. § 95.603(a). See also 47 C.F.R. § 2.803(a)(1).
7 OET originally granted J Communications' Application for
Equipment Authorization (FCC Form 731) for its GMRS radios on May
2, 2001. OET reissued the certification on March 20, 2002, after
testing the device in accordance with its post-grant sampling
program.
8 Emissions are designated by an alphanumeric code according to
their classification and necessary bandwidth. The first symbol
designates the type of modulation of the main character, the
second symbol designates the nature of signal(s) modulating the
main carrier, and the third symbol designates the type of
information to be transmitted. F3E is an emission in which the
main carrier is angle-modulated using frequency modulation in a
single channel containing analogue telephony information. See 47
C.F.R. § 2.201.
9 Letter from Joseph P. Casey, Chief, Technical and Public
Safety Division, Enforcement Bureau, to Jong-Oh Kim, President, J
Communications Co., Ltd. (June 20, 2003).
10 Letter from Jong-Oh Kim, President, J Communications Co.,
Ltd., to Joseph P. Casey, Chief, Technical and Public Safety
Division, Enforcement Bureau (July 7, 2003) (``LOI Response'').
11 F2D is an emission in which the main carrier is angle-
modulated using frequency modulation, the signal modulating the
main carrier is a single channel containing quantized or digital
information with the use of a modulating subcarrier, and the type
of information to be transmitted is data, telemetry, or
telecommand. See 47 C.F.R. § 2.201.
12 47 C.F.R. § 2.939(a)(2).
13 47 C.F.R. § 2.939(a)(4).
14 47 C.F.R. § 2.939(b).
15 47 U.S.C. § 312(c).
16 LOI Response at 1.
17 47 C.F.R. § 0.111(b).