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November 10, 2009
VIA FEDERAL EXPRESS AND ELECTRONIC MAIL
AT shanjianelectronics@126.com
Shenzhen Shan Jian Electronics Company, Ltd.
No. 3, 19 Building, Longjing Industrial Area
Xi Li Town, Nanshan District
Shenzhen
China
Re: File No. EB-09-SE-094
Dear Sir or Madam:
This is an official CITATION, issued to Shenzhen Shan Jian Electronics
Company, Ltd. ("Shenzhen) pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5),
for violating Commission orders by failing to respond to Enforcement
Bureau Letters of Inquiry ("LOIs") directing Shenzhen to provide certain
information and documents. As explained below, future violations of a
Commission order in this regard may subject your company to monetary
forfeitures.
By LOI dated June 8, 2009, the Spectrum Enforcement Division of the
Commission's Enforcement Bureau initiated an investigation into whether
Shenzhen Shan Jian Electronics Company, Ltd. ("Shenzhen) is marketing an
unauthorized radio frequency device in the United States -- specifically,
the Sunkey SK-801ATSC digital television converter box. We received an
electronic mail response from Shenzhen on June 9, 2009. That response,
however, did not contain any of the information sought by the LOI. On July
14, 2009, we sent you a follow-up LOI via electronic mail and Federal
Express seeking the same information but we have received no response to
the follow-up LOI.
Sections 4(i), 4(j), and 403 of the Act, afford the Commission broad
authority to investigate the entities it regulates. Section 4(i)
authorizes the Commission to "issue such orders, not inconsistent with
this Act, as may be necessary in the execution of its functions." Section
4(j) states that "the Commission may conduct its proceedings in such
manner as will best conduce to the proper dispatch business and to the
ends of justice." Section 403 grants the Commission "full authority and
power at any time to institute an inquiry, on its own motion, in any case
and as to any matter or thing concerning which complaint is authorized to
be made, to or before the Commission by any provision of this Act, or
concerning which any question may arise under any of the provisions of
this Act."
Pursuant to this authority, we sent you LOIs in June and July 2009
directing you to provide certain information and documents. Your e-mail
response to the June LOI indicates that you received at least one of the
LOIs. However, the Commission has not received the information sought by
the LOIs and has received no response whatsoever to the second LOI.
Accordingly, it appears that Shenzhen has violated Commission orders by
failing to respond to Enforcement Bureau directives to provide certain
information and documents.
A party may not ignore the directives in a Bureau inquiry letter. You are
again ordered, pursuant to sections 4(i), 4(j) and 403 of the Act, to
provide the information originally sought by our LOI of June 8, 2009 (copy
enclosed). You must provide this information in the manner indicated
therein within 20 days of the date of this citation.
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 Anchorage Resident
Agent Office, in Anchorage, Alaska. Please call Thomas D Fitz-Gibbon at
202-418-0693 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:
Thomas D. Fitz-Gibbon
Spectrum Enforcement Division
Enforcement Bureau
Re: EB-09-SE-094
Federal Communications Commission
445 12th Street, S.W., Rm. 3-A460
Washington, D.C. 2055
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 Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
47 U.S.C. S:S: 154 (i), 154 (j) and 403.
See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
7591 (2002). In SBC Communications, the Commission assessed a $100,000
forfeiture against a carrier for its willful refusal to supply a sworn
declaration in response to an Enforcement Bureau letter of inquiry. The
Commission stated: "[T]he order here was squarely within the Commission's
authority and, in any event, parties are required to comply with
Commission orders even if they believe them to be outside the Commission's
authority." Id. at 7591.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 09-2395
1
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Federal Communications Commission DA 09-2395
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554