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              FEDERAL COMMUNICATIONS COMMISSION
                   WASHINGTON, D.C.  20554
                                                   April 28, 
2005


VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Ming-Hang Ho
Gilsson Technologies
2576 Barrington Court
Hayward, CA 94545

                                        Re:   File No. EB-
                                        05-SE-005

Dear Mr. Ho:

     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 
importing and 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.

     By letter dated March 7, 2005,1 the Spectrum 
Enforcement Division of the Commission's Enforcement Bureau 
initiated an investigation into whether Gilsson Technologies 
(``Gilsson'') is marketing in the United States unauthorized 
radio frequency devices, specifically the R-1 and R-2 Re-
Radiator GPS Antennas.  You responded by letter dated March 
26, 2005.2  In your response, you admit that Gilsson began 
marketing the R-1 (RA-45) and R-2 (RA-46 or Vortech) Re-
Radiator GPS Antennas around March 2002, and that the 
devices were available through your website www.gilsson.com, 
through eBay.com, and an ``antenna'' brochure.  In addition, 
you stated that Gilsson has sold 50 units of R-1 and 100 
units of R-2 Re-Radiator GPS Antennas.3  You identified the 
manufacturer of the devices as San Jose Navigation, Inc., a 
company headquartered in Taipei, Taiwan.

     You further stated that Gilsson had assumed that San 
Jose Navigation had secured any and all certifications for 
the R-1 and R-2 Re-Radiator GPS Antennas, as it did with 
other GPS related devices.  You indicated that as an 
importer of finished goods you were not aware of FCC 
regulations relating to certification and asserted that you 
rely solely on the manufacturers of goods to obtain 
certifications and approvals prior to exporting to the 
United States.  In addition, you asserted that Gilsson had 
no reason to suspect that San Jose Navigation had not 
secured necessary FCC certifications for its extensive 
exports to the United States.  You acknowledged that the R-1 
and R-2 Re-Radiator GPS Antennas were not certified in 
accordance with Commission rules. 

     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 R-1 and 
R-2 Re-Radiator GPS Antennas, must be authorized in 
accordance with the FCC's certification procedures 
prior to the initiation of marketing in the United 
States.  Moreover, the R-1 and R-2 Re-Radiator GPS 
Antennas 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 emissions4 in the restricted 
frequency bands.  Thus, the R-1 and R-2 Re-Radiator GPS 
Antennas apparently cannot comply with the FCC's 
technical standards and therefore would not be capable 
of receiving a grant of equipment certification.  
Furthermore, Gilsson admits in its letter of March 26, 
2005 that the manufacturer does not hold a 
certification for the R-1 and R-2 Re-Radiator GPS 
Antennas.5  Accordingly, it appears that Gilsson has 
violated Section 302(b) of the Act and Section 2.803(a) 
of the Rules by importing and marketing in the United 
States unauthorized radio frequency devices.  

     Your letter of March 26, 2005 indicates that Gilsson 
ordered 350 R-1 and 250 R-2 Re-Radiator GPS Antennas on 
March 1, 2005, and Gilsson expects the order to be delivered 
to its warehouse soon.  You are cautioned that the marketing 
of this shipment would constitute a further violation of 
Section 302(b) of the Act and Section 2.803(a) of the Rules.  

     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. 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'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 
San Francisco Office in Pleasanton, California.  Please call 
Yasin Ozer at 202-418-1210 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 See Letter from Kathryn S. Berthot, Deputy Division, 
Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Ming-Hang Ho, Gilsson 
Technologies (March 7, 2005).

2 See Letter from Ming-Hang Ho, Gilsson Technologies, to 
Thomas Fitz-Gibbon and Yasin Ozer, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications 
Commission (March 26, 2005) (``Response'').

3 You also indicated that Gilsson has permanently removed 
the R-1 and R-2 Re-Radiator GPS Antennas from its website.
4 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.''
5 Response at 2.

6 See 47 C.F.R. § 1.80(b)(3).