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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
April 25, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bob Baker, Vice President
Dallas Avionics, Inc.
2525 Santa Anna Ave.
Dallas, Texas 75228
Re: File No. EB-
05-SE-007
Dear Mr. Baker:
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 Rules in this regard may subject your company
to monetary forfeitures.
By letter dated March 11, 2005, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau initiated an
investigation into whether Dallas Avionics, Inc., (``Dallas'') is
domestically marketing unauthorized radio frequency devices,
specifically, the Global Positioning Satellite (``GPS'') Re-
radiating Kit HNRRKIT (``GPS re-radiating device'' or
``device''). You responded by letter dated March 30, 2005.1 In
your response, you stated that Dallas marketed the subject GPS
re-radiating devices from May 1999 to March 2005 and that you
have removed this item from your website. Your records show that
Dallas sold 261 devices during that timeframe, approximately 98
percent of which were sold to non-federal government entities.
You also stated that Dallas did not import the equipment, but
purchased the devices domestically for re-sale from GPS
Networking. You further stated that Dallas did not manufacture
or modify the devices for re-sale and did not warranty or repair
the components. You indicated that Dallas believed that the
devices could be sold as an extension of the manufacturer's
authority to produce them, although you acknowledge that the
devices have no FCC approval.
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 § 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 GPS re-
radiating devices, must be authorized in accordance with the
FCC's certification procedures prior to the initiation of
marketing. Moreover, the GPS re-radiating devices operate
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 emissions2
in the restricted frequency bands. Thus, the GPS re-
radiating devices 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 Dallas has violated Section 302(b) of the
Act and Section 2.803(a) of the Rules by marketing
unauthorized radio frequency devices.
If, after receipt of this citation, you violate the
Communications Act or the Rules in any manner described herein,
the Commission may impose monetary forfeitures not to exceed
eleven thousand dollars ($11,000) for each such violation or each
day of a continuing violation.3
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 Dallas
Office in Dallas, Texas. Please call Jennifer Burton 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 Letter from Bob Baker, Vice President, Dallas Avionics, Inc.,
to Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau (March 30,2005).
2 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.''
3 See 47 C.F.R. § 1.80(b)(3).