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January 6, 2010
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FACSIMILE AT (845) 369-0888
SCS Enterprises Inc.
d/b/a Spy Camera Specialists, Inc.
ATTN: Kenneth Lee
6 Fortune Way
Suffern, NY 10901-3834
Re: File No. EB-08-SE-142
Dear Mr. Lee:
This is an official CITATION, issued to SCS Enterprises, Inc., d/b/a Spy
Camera Specialists, Inc. ("Spy Camera"), pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), for marketing
unauthorized radio frequency devices in the United States in violation of
Section 302(b) of the Act, and Sections 2.803 and 15.205(a) of the
Commission's Rules ("Rules"). As explained below, future violations of the
Commission's rules in this regard may subject your company to monetary
forfeitures.
In March 2008, the Spectrum Enforcement Division of the Enforcement Bureau
("Division") received a complaint alleging that Spy Camera was marketing
unauthorized wireless video transmitters that operate in the 1.08, 1.12,
1.16 and 1.2 GHz bands. We initiated an investigation and on May 13, 2008,
we sent a Letter of Inquiry ("LOI") to Spy Camera. In your June 9, 2008
response to our LOI, you admit marketing wireless video transmitters
beginning in early 2006 on your web site, www.spycameras.com, to end users
and resellers. You admit that these wireless video transmitters all
operate on 1.2 GHz, which is a restricted frequency band under 15.205(a)
of the Rules. You also state that you were surprised to learn that these
devices could not be marketed in the United States, and upon receipt of
our LOI, immediately returned all the 1.2 GHz transmitters in stock to
your supplier and ceased all purchase and sales of such devices. On
December 12, 2009, Division personnel observed that Spy Camera no longer
sells 1.2 GHz wireless video transmitters on its web site.
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:
[N]o 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 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.
Intentional radiators, such as the wireless video transmitters marketed by
Spy Camera, are generally required by Section 15.201 of the Rules, to be
approved through the certification procedures described in Sections 2.1031
- 2.1060 of the Rules prior to marketing within the United States.
However, the wireless video transmitters marketed by Spy Camera operate on
1.2 GHz, a restricted frequency band listed in Section 15.205(a) of the
Rules. Therefore, these devices do not comply with the FCC's technical
standards and cannot be certified or marketed within the United States.
Accordingly, it appears Spy Camera Specialists, Inc. has violated Section
302(b) of the Act and Sections 2.803 and 15.205(a) of the Rules by
marketing in the United States video transmitter devices not eligible for
certification.
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 $16,000 for each such violation
or each day of a continuing violation.
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 New York District
Office, in New York, New York. Please call Peter Waltonen, Esq., at (202)
418-0097 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 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.
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: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803 and 15.205(a).
See Letter from Kathryn S. Berthot, Esq., Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, to
Kenneth Lee, Spy Camera Specialists, (May 13, 2008).
See Letter from Kenneth Lee, Spy Camera Specialists, to Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission (June 9, 2008) ("Response").
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 Response at 2.
47 C.F.R. S: 2.803.
An intentional radiator is "[a] device that intentionally generates and
emits radio frequency energy by radiation or induction." 47 C.F.R.
S:15.3(o).
See 47 C.F.R. S: 15.201.
A certification is an equipment authorization issued by the Commission
based on representations and test data submitted by the applicant. See 47
C.F.R. S: 2.907(a).
47 C.F.R. S:S: 2.1031 - 2.1060.
47 C.F.R. S: 15.205(a). Section 15.205(a) allows intentional radiators to
transmit only spurious emissions in the restricted frequency bands. 47
C.F.R. S: 2.1 defines spurious emissions as "[e]missions 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. Spurious emissions include harmonic emissions, parasitic
emissions, intermodulation products and frequency conversion products, but
exclude out-of-band emissions." The video transmitters listed in your
response intentionally transmit radio frequency energy on restricted
frequencies.
See 47 C.F.R. S: 1.80(b)(3).
5U.S.C S: 552(a)(c)(2).
See 18 U.S.C. S: 1001.
Federal Communications Commission DA 09-2623
1
2
Federal Communications Commission DA 09-2623
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554