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                                 April 12, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   AND FACSIMILE AT 877-907-0041

   Mr. Jeffrey Selby

   Audio Discounters

   2892 Prairie Drive

   Lewis Center, Ohio 43035

   Re: File No. EB-07-SE-078

   Dear Mr. Selby:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), 47 U.S.C. S 503(b)(5), for
   marketing in the United States certain police radar jamming devices
   manufactured by Rocky Mountain Radar ("RMR"), specifically, the RMR-S201
   and RMR-C450 devices, in violation of Section 302(b) of the Act, 47 U.S.C.
   S 302a(b), and Sections 2.803, 15.205 and 15.209 of the Commission's Rules
   ("Rules"), 47 C.F.R. SS 2.803, 15.205 and 15.209. As explained below,
   future violations of the Commission's rules in this regard may subject
   your company to monetary forfeitures.

   On February 22, 2007, the Spectrum Enforcement Division ("Division") of
   the Enforcement Bureau received a complaint alleging that Audio
   Discounters is marketing the RMR-S201 and the RMR-C450 devices. On March
   28, 2007, the Division staff visited Audio Discounters' internet web site
   at [1]www.audiodiscounters.com and observed that Audio Discounters is
   marketing the RMR-S201 and RMR-C450 devices.

   On January 31, 2007, the Division issued a Notice of Apparent Liability
   for Forfeiture ("NAL")  proposing a $25,000 forfeiture against RMR for
   marketing the RMR-S201 and RMR-C450 devices in apparent willful and
   repeated violation of Section 302(b) of the Act and Sections 2.803, 15.205
   and 15.209 of the Rules. In the NAL, we noted that the Commission's Office
   of Engineering and Technology ("OET") Laboratory had obtained samples of
   the RMR-S201 and RMR-C450 devices directly from RMR for testing. Testing
   of the samples indicated that both units are designed to emit a signal
   that intentionally interferes with a licensed radio service (police
   radar), and are indeed capable of interfering with police radar.
   Therefore, the OET Laboratory concluded that the devices are intentional
   radiators, as described in Section 15.3(o) of the Rules, 47 C.F.R. S
   15.3(o). In addition, the OET Laboratory's tests indicated that the
   RMR-C450 device produced a radiated emission at 11.23 GHz, a restricted
   frequency band listed in Section 15.205 of the Rules, 47 C.F.R. S 15.205,
   and that this radiated emission substantially exceeds the radiated
   emission limits for intentional radiators specified in Section 15.209 of
   the Rules, 47 C.F.R. S 15.209. The OET Laboratory also concluded that the
   RMR-C450 device was improperly certified. In this regard, the OET
   Laboratory noted that the grant of certification issued for the RMR-C450
   device indicates that the device was tested as an "unintentional
   radiator." As explained above, however, the OET Laboratory found that the
   device is an intentional radiator.

   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 Rules,
   47 C.F.R. S 2.803(a)(1), 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 S 2.925 and other relevant sections in this
   chapter.

   Pursuant to Section 15.201 of the Rules, 47 C.F.R. S 15.201, intentional
   radiators must ordinarily be authorized in accordance with the
   certification procedure prior to marketing. Section 2.803(g) of the Rules,
   47 C.F.R. S 2.803(g), however, provides in pertinent part that:

   [R]adio frequency devices that could not be authorized or legally operated
   under the current 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.

   Further, Section 333 of the Act, 47 U.S.C. S 333, prohibits any person
   from willfully or maliciously interfering with or causing interference to
   any radio communications of any station licensed or authorized by the
   Commission. Moreover, Section 15.205 of the Rules, 47 C.F.R. S 15.205,
   prohibits radiated emissions, other than spurious emissions, in any of the
   restricted frequency bands listed in that section. Thus, intentional
   radiators that cannot legally be operated - because, for example, they
   interfere with or jam licensed police radio facilities or operate in
   restricted frequency bands - are not eligible for a grant of equipment
   certification. Finally, Section 15.209 of the Rules sets forth the
   radiated emission limits applicable to intentional radiators.

   As noted above, contrary to the claims of RMR, the RMR-S201 and RMR-C450
   devices are intentional radiators. These devices are not, however,
   eligible for a grant of certification because their intended purpose is to
   interfere with Commission authorized radio facilities, specifically,
   licensed police radar, in violation of Section 333 of the Act, and the OET
   Laboratory has determined that these devices in fact are capable of
   interfering with police radar. Moreover, there are two additional grounds
   for finding the marketing of the RMR-C450 device to be unlawful. The
   RMR-C450 device is not eligible for a grant of certification because it
   produces a radiated emission in the restricted frequency band at 11.23 GHz
   in violation of Section 15.205 of the Rules. This radiated emission also
   substantially exceeds the radiated emission limits for intentional
   radiators specified in Section 15.209 of the Rules.

   The record before us indicates that Audio Discounters apparently is and
   has been marketing the RMR-S201 and the RMR-C450 devices. Accordingly, it
   appears that Audio Discounters has violated Section 302(b) of the Act and
   Section 2.803 of the Rules by marketing the RMR-S201 and RMR-C450 devices,
   which are not eligible for a grant of equipment certification because they
   are intended to interfere with licensed police radar, in violation of
   Section 333 of the Act. Audio Discounters has also apparently violated
   Section 302(a) of the Act and Sections 2.803, 15.205 and 15.209 of the
   Rules by marketing the RMR-C450 device, which is not eligible for a grant
   of equipment certification because it produces a radiated emission in the
   restricted frequency band at 11.23 GHz, and which produces emissions that
   substantially exceed the radiated emission limits for intentional
   radiators.

   If, after receipt of this citation, Audio Discounters  violates 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.

   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 Audio
   Discounters is taking to ensure that it does not violate the Commission's
   rules governing the marketing of intentional radiating jamming devices in
   the future.

   The nearest Commission field office is the Detroit District Office in
   Farmington Hills, MI.   Please call Jacqueline Johnson at 202-418-2871 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

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   445-12^th Street, S.W., Rm. 3-C366

   Washington, D.C. 20554

   Under the Privacy Act of 1974, 5 U.S.C. S 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. S 1001.

   Thank you in advance for your anticipated cooperation.

   Sincerely,

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Rocky Mountain Radar, Notice of Apparent Liability for Forfeiture, 22 FCC
   Rcd 1334 (Enf. Bur., Spectrum Enf. Div., 2007) ("RMR").

   Id. at 1335.

   Id.

   Id. An intentional radiator is defined by Section 15.3(o) of the Rules, 47
   C.F.R. S 15.3(o), as "[a] device that intentionally generates and emits
   radio frequency energy by radiation or induction."

   RMR, 22 FCC Rcd at 1335.

   Id. RMR obtained certification for the RMR-C450 under FCC ID No. QKK-C03
   by representing to a Telecommunications Certification Body that the device
   was a radar detector. We note, however, that RMR marketed the device as a
   radar detector and a radar "scrambler."

   RMR, 22 FCC Rcd at 1335. An "unintentional radiator" is defined by Section
   15.3(z) of the Rules, 47 C.F.R. S 15.3(z), as:

   [a] device that intentionally generates radio frequency energy for use
   within the device, or that sends radio frequency signals by conduction to
   associated equipment via connecting wiring, but which is not intended to
   emit RF energy by radiation or induction.

   Section 2.1(c) of the Rules, 47 C.F.R. S 2.1(c), defines a spurious
   emission as "[e]mission 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."

   RMR, 22 FCC Rcd at 1337-8.

   Id. at 1338.

   Id.

   See 47 C.F.R. S 1.80(b)(3).

   Federal Communications Commission DA 07-1675

   1

   1

   Federal Communications Commission DA 07-1675

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554

References

   Visible links
   1. http://www.audiodiscounters.com/