Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                 June 21, 2010

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   AND FACSIMILE AT (239) 596-8823

   Christer Kallstrom, CEO

   USA Shutter Company, LLC

   d/b/a MaestroShield

   1455 Rail Head Boulevard

   Naples, FL 34110

   Re: File No. EB-09-SE-124

   Dear Mr. Kallstrom:

   This is an official CITATION, issued to USA Shutter Company, LLC, d/b/a
   MaestroShield, ("USA Shutter"), 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 15.201 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 2009, the Commission received a complaint alleging that USA Shutter was
   marketing unauthorized wireless remote control transmitters used to
   control window shutters. The complaint was referred to the Spectrum
   Enforcement Division of the Enforcement Bureau ("Division"). On December
   3, 2009, the Division sent a Letter of Inquiry ("LOI") to USA Shutter. In
   your December 18, 2009 response to the LOI, you state that you do not
   manufacture remote control transmitters, but you admit to importing and
   marketing four models of wireless remote control transmitters beginning in
   January of 2007, and importing and marketing one additional model starting
   in March of 2007. You also admit that these five wireless remote control
   transmitter models are not certified.

   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.

   Intentional radiators, such as the wireless remote control transmitters
   marketed by USA Shutter, 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. USA Shutter admits that it marketed five models of uncertified
   remote control transmitters.

   Accordingly, it appears USA Shutter has violated Section 302(b) of the Act
   and Sections 2.803 and 15.201 of the Rules by marketing in the United
   States wireless remote control transmitter devices prior to obtaining
   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 Tampa Office in
   Tampa, Florida. Please call Gabriel Collazo at (202) 418-1217 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, 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, 15.201.

   See Letter from Kathryn S. Berthot, Esq., Chief, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission, to
   Christer Kallstrom, CEO, USA Shutter (December 3, 2009).

   See Letter from Christer Kallstrom, CEO, USA Shutter, to Spectrum
   Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (December 18, 2009) ("Response").

   Section 2.803(e)(4) of the Rules defines "marketing" as the "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).

   Double Channel Wall Mounted Remote Control (Item Number EL03-07), Single
   Channel Hand Held Remote Control (Item number EL03-08), 4 Channel Hand
   Held Remote Control (Item Number EL03-09), and Single Channel Wall Mounted
   Remote Control (Item EL03-15).

   15 Channel LCD Display Remote Control (Item EL03-17).

   Response at 1.

   Id.

   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." 47
   C.F.R. S: 2.907(a).

   47 C.F.R. S:S: 2.1031 - 2.1060.

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

   See 5 U.S.C S: 552a(c)(2).

   See 18 U.S.C. S: 1001.

   Federal Communications Commission DA 10-1088

   1

   2

   Federal Communications Commission DA 10-1088

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554