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January 31, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE
Mr. Austin Hilton, President
Hilton, AG, LTD
Radar Detectors Direct
916 113th Street, Suite B
Arlington, Texas 76011
Re: File No. EB-05-SE-275
Dear Mr. Hilton:
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 and 15.205 of the Commission's Rules
("Rules"), 47 C.F.R. SS 2.803 and 15.205. As explained below, future
violations of the Commission's rules in this regard may subject your
company to monetary forfeitures.
The Spectrum Enforcement Division ("Division") of the Enforcement Bureau
obtained information through several informal complaints alleging that
various entities, including Radar Detectors Direct, were marketing police
radar jamming devices in the United States. On June 13, 2005, Division
staff visited Radar Detectors Direct's internet web site,
www.radar-detectors-direct.com, and observed that Radar Detectors Direct
was marketing the RMR-S201 (also known as the Phazer II) and the RMR-C450
devices. On September 1, 2005, the Division issued a letter of inquiry
("LOI") to Radar Detectors Direct requesting certain information
concerning its marketing of these devices. In its September 7, 2005
response to the LOI, Radar Detectors Direct failed to respond to the
questions set forth in the LOI as directed. Instead, Radar Detectors
Direct simply stated that it had contacted the manufacturer, RMR, which
claimed that the RMR-S201 and the RMR-C450 devices are not intentional
radiators and "have been tested and certified by the FCC."
The Commission's Office of Engineering and Technology ("OET") Laboratory
subsequently 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.
On January 22, 2007, the Division staff again visited Radar Detectors
Direct's internet web site and observed that Radar Detectors Direct was
continuing to market the RMR-S201 and RMR-C450 devices.
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 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. We note that on
January 31, 2007, concurrently with the issuance of this Citation, the
Division issued a Notice of Apparent Liability for Forfeiture 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.
The record before us indicates that Radar Detectors Direct has marketed
and continues to market the RMR-S201 and the RMR-C450 devices.
Accordingly, it appears that Radar Detectors Direct 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. Radar Detectors Direct 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, Radar Detectors Direct 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 Radar
Detectors Direct-Detectors 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 Dallas District Office in
Dallas, TX. 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
"Marketing" is defined as "sale or lease, or offering for 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. S 2.803(e)(4).
See Letter from Kathryn Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission to Radar
Detectors Direct (September 1, 2005).
See Letter from Austin Hilton, President - Hilton, AG, LTD for Radar
Detectors Direct to Susan Magnotti, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission (September 7, 2005).
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 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."
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 "Emission 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."
Rocky Mountain Radar, Notice of Apparent Liability for Forfeiture, DA
07-299 (Enf. Bur., Spectrum Enf. Div., rel. January 31, 2007).
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 07-311
2
Federal Communications Commission DA 07-311
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554