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November 1, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Basic Home Shopping
Attn: Curtis King
2223 N. Camac Street
Philadelphia, PA 19133
Re: File No. EB-06-SE-222
Dear Mr. King:
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 unauthorized radio frequency devices in
violation of Section 302(b) of the Act, 47 U.S.C. S: 302a(b), and Section
2.803 of the Commission's Rules ("Rules"), 47 C.F.R. S: 2.803. As
explained below, future violations of the Commission's rules in this
regard may subject your company to monetary forfeitures.
By letter of inquiry dated March 28, 2007, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau ("the Division") initiated
an investigation into whether Basic Home Shopping is marketing in the
United States unauthorized radio frequency devices, specifically, the
portable cell phone jammer with model number SH066PL2A/B ("SH066PL2A/B
jammer"). The Division observed advertisements for the SH066PL2A/B jammer
on your web site, www.basichomeshopping, on various dates, including March
8, 2005, May 25, 2006, and March 16, 2007.
In your August 18, 2007 response, you admit that you purchased three or
four units of the SH066PL2A/B jammer from another company in 2005 and sold
them. You also claim that you removed the SH066PL2A/B jammer from your
website shortly after you were notified by the eBay auction website in the
spring of 2005 that the jammers were illegal to sell in the United States.
As noted above, however, the Division observed the SH066PL2A/B jammer
advertised for sale on your website on at least two occasions in 2006 and
2007.
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 S: 2.925 and other relevant sections in this
chapter.
Additionally, Section 2.803(g) of the Rules provides that:
Devices that could not be operated or legally authorized 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 the Chapter or a special temporary authorization issued by
the Commission.
Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. S: 15.201(b),
intentional radiators must be authorized in accordance with the FCC's
certification procedures prior to the initiation of marketing in the U.S.
However, it does not appear that devices such as the SH066PL2A/B jammer
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. S: 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." Thus, a device such
as a jammer which intentionally interferes with radio communications is
not eligible for certification. Accordingly, it appears that Basic Home
Shopping has violated Section 302(b) of the Act and Section 2.803 of the
Rules by marketing in the United States the SH066PL2A/B jammer.
If, after receipt of this citation, Basic Home Shopping 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 Basic
Home Shopping is taking to ensure that it does not violate the
Commission's rules governing the marketing of jamming devices in the
future.
The nearest Commission field office is the Philadelphia Office in
Langhorne, Pennsylvania. 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:
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12th 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
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, to Basic Home Shopping (March 28, 2007).
Letter from Curtis King, Basic Home Shopping to Spectrum Enforcement
Division, Enforcement Bureau (August 18, 2007).
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. S: 2.803(e)(4).
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 07-4449
2
Federal Communications Commission DA 07-4449
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554