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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
April 8, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tweeter Home Entertainment Group
Attn: Jeffrey Stone, President
40 Pequot Way
Canton, Massachusetts 02021
Re: File No. EB-
05-SE-065
Dear Mr. Stone:
This is an official CITATION, issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended
(``Communications Act''), 47 U.S.C. § 503(b)(5), for marketing an
unauthorized radio frequency device in the United States in
violation of Section 302(b) of the Communications Act, 47 U.S.C.
§ 302a(b), and Section 2.803(a) of the Commission's Rules
(``Rules''), 47 C.F.R. § 2.803(a). As explained below, future
violations of the Commission's rules in this regard may subject
your company to monetary forfeitures.
It has come to our attention that Tweeter Home Entertainment
Group (``Tweeter'') has been marketing the GPS Outfitters Vortech
Re-Radiator GPS Antenna in the United States. Specifically, on
March 7, 2005 and March 15, 2005, staff of the FCC Enforcement
Bureau's Spectrum Enforcement Division observed that Tweeter was
offering the Vortech Re-Radiator GPS Antenna for sale on its
website, www.tweeter.com
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 labelled as required by § 2.925
and other relevant sections in this chapter.
Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. §
15.201(b), intentional radiators, such as the Vortech Re-
Radiator GPS Antenna, must be authorized in accordance with
the FCC's certification procedures prior to the initiation
of marketing in the United States. Moreover, the Vortech
Re-Radiator GPS Antenna operates in frequency bands used for
GPS, which are within the restricted frequency bands listed
in Section 15.205(a) of the Rules, 47 C.F.R. § 15.205(a).
Section 15.205(a) allows intentional radiators to transmit
only spurious emissions1 in the restricted frequency bands.
Thus, the Vortech Re-Radiator GPS Antenna apparently cannot
comply with the FCC's technical standards and therefore
would not be capable of receiving a grant of equipment
certification. Accordingly, it appears that Tweeter has
violated Section 302(b) of the Act and Section 2.803(a) of
the Rules by marketing in the United States unauthorized
radio frequency devices.
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 $11,000 for each such violation or each day of a
continuing violation. 2
You may respond to this citation within 30 days from the
date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business,
or (2) a written statement. Your response should specify the
actions that you are taking to ensure that you do not violate the
Commission's rules governing the marketing of radio frequency
equipment in the future.
The nearest Commission field office appears to be the Boston
Office in Boston, Massachusetts. Please call Neal McNeil at 202-
418-1160 if you wish to schedule a personal interview. You
should schedule any interview to take place within 30 days of the
date of this letter. You should send any written statement
within 30 days of the date of this letter to:
Kathryn Berthot
Deputy Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 7-C802
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), we
are informing you that the Commission's staff will use all
relevant material information before it, including information
that you disclose in your interview or written statement, to
determine what, if any, enforcement action is required to ensure
your compliance with the Communications Act and the Commission's
rules.
The knowing and willful making of any false statement, or
the concealment of any material fact, in reply to this citation
is punishable by fine or imprisonment under 18 U.S.C. § 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Deputy Chief, Spectrum Enforcement
Division
Enforcement Bureau
Federal Communications Commission
_________________________
1 47 C.F.R. § 2.1 defines spurious emissions as ``Emission on a
frequency or frequencies which are outside the necessary
bandwidth and the level of which may be reduced without affecting
the corresponding transmission of information. Spurious emissions
include harmonic emissions, parasitic emissions, intermodulation
products and frequency conversion products, but exclude out-of-
band emissions.''
2 See 47 C.F.R. § 1.80(b)(3).