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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                                
                                                                          
                                         )                                
                                                                          
     In the Matter of                    )                                
                                             File No.: EB-10-LA-0135      
     South Bay Film and Video Services   )                                
                                             Citation No.: C201132900003  
     Redondo Beach, California           )                                
                                                                          
                                         )                                
                                                                          
                                         )                                


                                    CITATION

          ILLEGAL MARKETING OF UNCERTIFICATED RADIO FREQUENCY DEVICES

   Adopted: November 16, 2010 Released: November 18, 2010

   By the District Director, Los Angeles District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. This is an official CITATION issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to South Bay Film
       and Video Services for marketing unauthorized radio frequency devices
       in the United States in violation of Section 302(b) of the Act, and
       Section 2.803(a)(1) of the Commission's Rules ("Rules").

    2. South Bay Film and Video Services should take immediate steps to come
       into compliance and to avoid any recurrence of this misconduct. As
       explained below and as provided in the Communications Act, future
       violations of the Commission's Rules in this regard may subject your
       company to substantial monetary penalties, seizure of equipment, and
       criminal sanctions.

   II. background

    3. On June 2, 2010, the Enforcement Bureau's Los Angeles Office
       investigated South Bay Film and Video Services located at 531 N.
       Paulina Ave., Redondo Beach, California. The investigation revealed
       that South Bay Film and Video Services marketed unauthorized radio
       frequency devices, specifically, Modulus model 3000 wireless video
       assist devices. A review of the Commission's equipment authorization
       databases revealed that these Modulus wireless video assist devices
       have not been certificated for marketing or use in the United States.

   III. applicable law and violations

    4. Federal law requires that radio frequency devices be certified in
       accordance with the FCC's technical standards before they can be
       marketed in the United States. 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...." Section 2.803(g) of the
       Commission's Rules provides in pertinent part that "radio 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." Section 2.803(e)(4) of the
       Commission's 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."

    5. Wireless video assist devices are authorized for use pursuant to Part
       74, Subpart H of the Commission's rules. According to Section 74.801
       of the Rules, "[t]elevision broadcast auxiliary licensees and motion
       picture and television producers . . . may operate wireless video
       assist devices on a noninterference basis on VHF and UHF television
       channels to assist with production activities." All transmitters
       marketed for use under Part 74, Subpart H, "shall be certificated by
       the Federal Communications Commission for this purpose."  On June 2,
       2010, an investigation by the Los Angeles Office of South Bay Film and
       Video Services' store in Redondo Beach, California, revealed that
       South Bay Film and Video Services marketed wireless video assist
       devices that had not been certificated for marketing or use in the
       United States. The marketing of these devices violated Section 302(b)
       of the Act, and Section 2.803(a)(1) of the Rules.

   IV. REQUEST FOR INFORMATION

    6. Pursuant to Sections 4(i), 4(j), and 403 of the Act, South Bay Film
       and Video Services is directed to provide the information specified
       herein, within thirty (30) days after the release date of this
       Citation.

     a. Provide name and address of the source, manufacturer, distributor
        and/or importer from whom South Bay Film and Video Services acquired
        the wireless video assist devices referenced above.

   V. FUTURE COMPLIANCE

    7. If, after receipt of this Citation, South Bay Film and Video Services
       violates the Communications Act or the Commission's Rules by engaging
       in conduct of the type described herein, the Commission may impose
       monetary forfeitures of up to $16,000 for each such violation or each
       day of a continuing violation and up to $112,500 for any single act or
       failure to act. In addition, violations of the Act or the Rules can
       result in seizure of equipment through in rem forfeiture actions, as
       well as criminal sanctions, including imprisonment.

    8. South Bay Film and Video Services may respond to this Citation within
       thirty (30) days after the release date of this Citation either
       through (1) a personal interview at the closest FCC office, or (2) a
       written statement. Any written statements should specify what actions
       have been taken by South Bay Film and Video Services to ensure that it
       does not violate the Commission's rules governing the marketing of
       radio frequency devices in the future. All responses should be
       addressed to Federal Communications Commission, Los Angeles District
       Office, 18000 Studebaker Rd., #660, Cerritos, CA 90703. Please
       reference file number EB-10-LA-0135 when corresponding with the
       Commission.

    9. Under the Privacy Act of 1974, any statement or information provided
       by you may be used by the Commission to determine if further
       enforcement action is required. Any knowingly or willfully false
       statement, or concealment of any material fact, made in reply to this
       Citation is punishable by fine or imprisonment. Please also note that
       Section 1.17 of the Rules requires that you provide truthful and
       accurate statements to the Commission.

   VI. CONTACT INFORMATION

   10. The closest FCC Office is the Los Angeles District Office in Cerritos,
       CA. You may contact this office by telephone, 562-860-7474, to
       schedule a personal interview, which must take place within thirty
       (30) days after the release date of this Citation.

   11. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will need
       including as much detail as you can. Also include a way we can contact
       you if we need more information. Please allow at least five (5) days
       advance notice; last minute requests will be accepted, but may be
       impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
       Consumer & Governmental Affairs Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   For accessible format materials (braille, large print, electronic files,
   and audio format):

   202-418-0531 (voice), 202-418-7365 (tty).

   VII. ORDERING CLAUSES

   12. IT  IS ORDERED that a copy of this Citation shall be sent both by
       First Class U.S.

   Mail and Certified Mail, Return Receipt Requested, to South Bay Film and
   Video Services at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 U.S.C. S: 302a(b).

   47 C.F.R. S: 2.803(a)(1).

   47 U.S.C. S: 302a(b).

   47 C.F.R. S: 2.803(a)(1).

   47 C.F.R. S: 2.803(g).

   47 C.F.R. S: 2.803(e)(4).

   47 C.F.R S:S: 74.801 - 74.882.

   Pursuant to Section 74.801 of the Rules, a "[m]otion picture producer
   refers to a person or organization engaged in the production or filming of
   motion pictures." A "[t]elevision program producer refers to a person or
   organization engaged in the production of television programs." 47 C.F.R
   S: 74.801

   47 C.F.R S: 74.870.

   47 C.F.R S: 74.851(f). See Part 2, Subpart I of the Rules, 47 C.F.R S:S:
   2.801 - 2.815.

   47 U.S.C. S: 302a(b).

   47 C.F.R. S: 2.803(a)(1).

   47 U.S.C. S:S: 154(i), 154(j), 403.

   See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
   subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
   the forfeiture amount applicable to any violation will be determined based
   on the statutory amount designated at the time of the violation.

   See 47 U.S.C. S: 510.

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

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

   47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
   written or oral statement of fact, intentionally provide material factual
   information that is incorrect or intentionally omit material information
   that is necessary to prevent any material factual statement that is made
   from being incorrect or misleading; and (2) In any written statement of
   fact, provide material factual information that is incorrect or omit
   material information that is necessary to prevent any material factual
   statement that is made from being incorrect or misleading without a
   reasonable basis for believing that any such material factual statement is
   correct and not misleading.")

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-2189

                                       2

   Federal Communications Commission DA 10-2189