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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
June 9, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Shaker Hassan,
Sales Manager, Grand Trades Co.
4701 15th Avenue, N.E.
Apartment 108
Seattle, WA 98105
Re: File No. EB-
05-SE-059
Dear Shaker Hassan:
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 Grand Trades Co. (``Grand Trades'') is
marketing in the United States unauthorized radio frequency
devices, specifically, cell phone jammers, wireless device
jammers and long range cordless telephones.
At the time of that letter, March 15, 2005, we observed on
your website, www.grandtrades.net, your advertisement for sale of
the following radio frequency devices:
1. SH-066BM2 A/B-R cell phone jammer. The website
indicated that there were two models of this device
available, including one for ``USA/Canada.''
2. SH066PL2A/B portable cell phone jammer. The website
indicated that there were two models of this device
available, including one for ``USA/Canada.''
3. GT-200 cell phone jammer. The website indicated that
there were two models of this device available, including
one for ``USA/Canada.''
4. SRC300 cell phone jammer. The website indicated that
there were two models of this device available, including
one for ``USA/Canada.''
5. GT300 cell phone jammer. The website described this
device as a ``Worldwide'' cell phone jammer.
6. 2.4 GHz wireless jammer. The website stated that this
device interferes with the video signals of wireless cameras
and blocks the communications of wireless LANs and Bluetooth
devices.
7. Senao 358 long range cordless phone. The website
indicated that this device has a range of 20 km.
8. Senao 668 long range cordless phone. The website
indicated that this device has a range of 128 km.
9. Senao 869 long range cordless phone. The website
indicated that this device has a range of 20 km.
Your advertisement of these products specifically listed
shipping costs to customers in the United States. Your website
also listed your ``USA'' business address as 4701 15th Avenue,
N.E., Apartment 108, Seattle, Washington 98105, and your ``USA''
fax number as (206) 309-0271. Furthermore, your website stated
that ``[w]e run the business from more than one location in
Taiwan, Egypt & USA'' and that ``we gladly served many customers
worldwide from USA, UK, Canada, Germany, Ireland, France, Italy,
Portugal & more.''
In response to our letter of inquiry, you sent us two
undated written responses by facsimile, one received on or about
March 20, 2005 and one received on or about March 30, 2005. In
these faxes, you claimed that your company is based in Taiwan and
Egypt, that you don't have any import or export business activity
or distributors inside the U.S., and that you don't have an
office or branch of Grand Trades or hold any inventory in the
U.S. You further claimed that Grand Trades is ``not directing
our business to USA.'' Nevertheless, you admitted that since
Grand Trades began its business about five months ago, it has
sold about 10 cell phone jammers, two video jammers, and four
long range cordless telephones to U.S. customers. You did not
provide FCC Identification numbers or other documentation showing
that the devices have been certified in accordance with the
Commission's equipment authorization requirements. Finally, you
stated that you do not manufacture the devices and are not aware
of the regulations of each country.
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 must be authorized in accordance
with the FCC's certification procedures prior to the initiation
of marketing1 in the U.S. Based on your failure to provide FCC
Identification numbers or other documentation showing that the
jammers and cordless telephones marketed in the U.S. by Grand
Trades 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.'' A device such as a jammer which
intentionally interferes with radio communications is not
eligible for certification.2 Similarly, considering the long
ranges cited in your advertisements for the cordless telephones,
it appears that they do not comply with FCC technical
requirements and therefore could not receive a grant of
certification. Accordingly, it appears that Grand Trades has
violated Section 302(b) of the Act and Section 2.803(a) of the
Rules by marketing in the United States the nine unauthorized
radio frequency devices listed above. Finally, we note that the
evidence before us contradicts Grand Trades' claim that it is not
directing its business to the United States. In this regard, we
note, among other things, that Grand Trades' website advertised
``USA/Canada'' models of several of its cell phone jammers,
listed shipping costs to the United States for its products, and
stated that ``[w]e run the business from more than one location
in Taiwan, Egypt & USA'' and that ``we gladly served many
customers worldwide from USA, UK, Canada . . .''
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. 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
Seattle District Office, in Kirkland, Washington. Please call
Katherine Power at 202-418-0919 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 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).
2 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).
3 See 47 C.F.R. § 1.80(b)(3).