Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
August 22, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Alex Wei,
Product Manager
Blitzz Technology, Inc.
53 Parker
Irvine, CA 92618
Re: File No. EB-
04-SE-253
Dear Mr. Wei:
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
unlabeled 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)(1) of the Commission's Rules
(``Rules''), 47 C.F.R. § 2.803(a)(1). As explained below, future
violations of the Commission's rules in this regard may subject
your company to monetary forfeitures.
By letter dated December 7, 2004, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau initiated an
investigation into whether Blitzz Technology, Inc. (``Blitzz'')
is marketing in the United States unauthorized radio frequency
devices, specifically, the Super G Wireless - 108 Mbps 802.11g
Wireless PCI Adaptor, model number BWI 715 (``model number BWI
715 wireless adaptor''). This letter was in response to a
complaint alleging that the model number BWI 715 wireless adaptor
did not appear to have an FCC ID posted on the unit or on the
packaging and was being sold to consumers by Wal-Mart.
At the time of that letter, we confirmed from your website,
www.blitzzusa.com, and from the Wal-Mart website,
www.walmart.com, that the model number BWI 715 wireless adaptor
was being offered for sale in the United States.
In response to our letter of inquiry, you sent us a letter
dated February 1, 2005 (envelope postmarked May 2, 2005). In
this letter you claimed that the device does have a valid FCC
certification, FCC ID number KA22003070025-1, which was granted
to D-Link Corporation (``D-Link''). You also provided a copy of a
letter from D-Link authorizing Blitzz to use D-Link's FCC ID for
your BWI-715 wireless adaptor. The letter from D-Link also
stated that this device is identical in all respects to the
original, certified equipment. You did not deny that the wireless
adaptor sold by Blitzz did not have the proper labeling described
in Section 2.925(a)(1), 47 C.F.R. § 2.925(a)(1), and required
prior to marketing by Section 2.803(a)(1) of the Rules, 47 C.F.R.
§ 2.803(a)(1). You said that you have stopped the importation of
this device and will not import it in the future, but you did not
indicate if you intended to label, or otherwise cease marketing,
any unlabeled inventory that may still remain in your possession
within the U.S. We caution you that the marketing of any
remaining inventory of unlabeled wireless adaptors would
constitute a further violation of Section 302(b) of the Act and
Section 2.803(a) of the 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.
Accordingly, it appears that Blitzz has violated Section 302(b)
of the Act and Section 2.803(a)(1) of the Rules by marketing in
the United States the unlabeled 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. 1
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 Los
Angeles District Office, in Cerritos, California. Please call
Gabriel Collazo 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:
Brian Butler
Assistant Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 7-A629
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 47 C.F.R. § 1.80(b)(3).