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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
August
29, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Renzhou Yao
Joe's Photo Auction
256 St. Nicholas Ave.
Brooklyn, NY 11237
Re: File No. EB-
05-SE-350
Dear Mr. Yao:
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 December 2, 2004,1 the Spectrum
Enforcement Division of the Commission's Enforcement Bureau
initiated an investigation into whether Joe's Photo Auction
is marketing in the United States unauthorized radio
frequency devices, specifically radio-controlled flash
trigger units. You responded by letter dated December 12,
2004.2 In your response, you indicated that the flash
triggers were imported from the Shanghai Jinbei Photographic
Equipments Co., Ltd. located in China. You stated that it
was your belief that, because Customs cleared the shipment,
the use or sale of the product in the United States was
permitted.
In subsequent correspondence, the Enforcement Bureau
informed you that Customs clearance alone does not indicate
that a product has received FCC certification.3
Furthermore, we noted that we were unable to confirm the
authorization status of the units.4 In reply, you indicated
that Joe's Photo Auction has imported a total of 130 radio-
controlled flash trigger units.5 You admitted that the
units do not bear an FCC label and have not obtained an FCC
certification. You also stated that you now understand that
the flash trigger units may not be sold in the United
States.
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 radio-
controlled flash trigger unit, must be authorized in
accordance with the FCC's certification procedures prior to
the initiation of marketing in the United States.
Accordingly, it appears that Joe's Photo Auction 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. Finally, we caution
you that the marketing of any remaining inventory of the
radio-controlled flash trigger units 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 is the New York
Office in New York, NY. Please call Neal McNeil at 202-418-
2408 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 S. 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 S. 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 Renzhou Yao (December 2,
2004).
2 See Letter from Joe Renzhou Yao, Owner of Joe's Photo
Auction, to Neal McNeil, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission
(December 12, 2004).
3 See Letter from Kathryn S. Berthot, Deputy Division,
Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, to Joe Renzhou Yao (June 8,
2005).
4 Id.
5 See Letter from Joe Renzhou Yao, Owner of Joe's Photo
Auction, to Neal McNeil, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission (June
28, 2005).
6 See 47 C.F.R. § 1.80(b)(3).