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                FEDERAL COMMUNICATIONS COMMISSION
                     WASHINGTON, D.C.  20554
                                                   May 20, 2005



VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Keith S. Clark, President
Sandown Wireless
P.O. Box 564 
East Hampstead, NH 03826

 
                                             Re:   File No. EB-
                                             05-SE-066
Dear Mr. Clark:

     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 
unauthorized radio frequency devices 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 15, 2005, the Spectrum Enforcement 
Division of the Commission's Enforcement Bureau initiated an 
investigation into whether Sandown Wireless (``Sandown'') is 
marketing in the United States unauthorized radio frequency 
devices, specifically, radio frequency jammers which can disrupt 
communications on cellular and Personal Communications Service 
frequencies, as well as other wireless radio services.  

     At the time of that letter, March 15, 2005, we observed on 
your website, www.criticalradio.com, your advertisement for sale 
of the following radio frequency devices: 

    1)     CJ7 - Jams cellular and similar types of mobile phones 
           operating on the following frequency bands: 860 to 885 
           MHz, 925 to 965 MHz, 1800 to 1950 MHz, with optional 
           jamming on the 2100 to 2200 MHz band.  
    2)     CJ7A - Jams the same frequencies as the CJ7.
    3)     CJ8A - Jams the same frequencies as the CJ7, plus 
           Family Radio Service communications on the 462.5625 to 
           467.7125 MHz band.
    4)     CJ9A - Jams the same frequencies as the CJ8A.
    5)     CJ10A - Jams the same frequencies as the CJ8A. 
    6)     TRJ-89 - High power jammer that operates on the same 
           frequencies as the CJ8A, except that jamming on the 
           2100 to 2200 MHz band is standard rather than 
           optional. 

     We received your response, dated March 26, 2005, in which 
you admitted that you marketed jamming equipment on four websites 
from January 1, 2005 to approximately March 20, 2005.1  You 
stated that you marketed these devices to state and local 
governments but had not yet sold any of the radio frequency 
jammer models described on your websites.  You also stated that 
following receipt of our letter, you removed the advertisements 
for these products from your websites. 

     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 cell phone jammers must 
be authorized in accordance with the FCC's certification 
procedures prior to the initiation of marketing2 in the U.S.  In 
response to our question as to whether the jammers you offered 
for sale are certified, you responded that you rely on the 
manufacturer (Antenna Systems and Supplies) ``to have their 
equipment certified if required.''  Based on your failure to 
provide FCC Identification numbers or other documentation showing 
that the jammers you market have been certified, as well as our 
review of the Commission's equipment authorization database, it 
appears that these devices have not been certified.  Moreover, it 
does not appear that these devices are capable of receiving a 
grant of certification.  In this regard, the main purpose of cell 
phone and other wireless jammers is to block or interfere with 
radio communications.  Such use is clearly prohibited by Section 
333 of the Act, 47 U.S.C. § 333, 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.''  Thus, a device such a jammer which 
intentionally interferes with radio communications is not 
eligible for certification.3       

     On your websites and in the marketing materials that you 
included with your response, you stated that ``[c]ellular jammers 
are not authorized and legal for use in the U.S. private sector 
and will only be sold and registered to DOD, Federal, State, and 
Local Law Enforcement Agencies.  These agencies have been given 
special disposition by U.S. Federal Law.''  Section 302(c) of the 
Act and Section 2.807(d) of the Rules4 exempt radio frequency 
devices for use by the federal government from the general 
prohibition on marketing of unauthorized equipment.  However, 
contrary to the statement on your websites and in your marketing 
materials, there is no similar exemption allowing the marketing 
of unauthorized radio frequency devices to state and local law 
enforcement agencies.

     Accordingly, it appears that Sandown has violated 
Section 302(b) of the Act and Section 2.803(a) of the rules 
by marketing in the United States the six unauthorized radio 
frequency devices listed above.

     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. 5
 
     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 
District Office, in Quincy, Massachusetts.  Please call Katherine 
Power 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 These four websites operated by Keith Clark (dba Sandown) are:  
www.criticalradio.com, www.criticalbattery.com, 
www.criticaltowers.com, and www.dispatchcomm.com. 

2 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. § 2.803(e)(4).

3 Furthermore, Section 2.803(g) of the Rules provides that radio 
frequency devices that could not be authorized or legally 
operated under the 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.''  47 C.F.R. § 2.803(g).  

4 47 C.F.R. § 2.807(d).
5 See 47 C.F.R. § 1.80(b)(3).