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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
     In the Matter of                                                        
                                            )                                
     Everbuying.com                             File No.: EB-10-CF-0171      
                                            )                                
     Nanshan District, Shenzhen 518057,         Citation No.: C201132340002  
     China                                  )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


                                    CITATION

                ILLEGAL MARKETING OF CELL PHONE AND GPS JAMMERS

   Adopted: December 6, 2010 Released: December 6, 2010

   By the District Director, Columbia Office, Northeast 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 ("Communications Act"), to
       Everbuying.com for marketing unauthorized radio frequency devices in
       the United States in violation of Section 302(b) of the Communications
       Act, and Section 2.803(a)(1) of the Commission's rules ("Rules").

    2. Everbuying.com 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 Rules in
       this regard may subject your company to substantial monetary
       penalties, seizure of equipment, and criminal sanctions.

   II. background

    3. On July 23, 2010, an agent from the Enforcement Bureau's Columbia
       Office ("Columbia Office") viewed Everbuying.com's web site,
       www.everbuying.com, and observed an advertisement for a device listed
       as a "Mini Cigarette Lighter Anti-Tracker GPS Jammer Blocker." On July
       23, 2010, the agent made an undercover buy on-line, and received the
       device through the mail from Dalee Technology LTD. The agent conducted
       tests and confirmed that the device jams the GPS L1 frequency 1575.42
       MHz. On several subsequent occasions, agents have visited
       Everbuying.com's web site and observed that it was marketing both cell
       phone signal blocker devices and GPS signal blocker devices
       (collectively, "jammer devices").

   III. applicable law and violations

    4. Federal law prohibits the marketing and operation of jammer devices in
       the United States. Section 333 of the Communications Act 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." In addition, Section 302(b) of the Communications 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."

    5. 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...." Additionally, Section 2.803(g) of
       the 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."

    6. Pursuant to Section 15.201(b) of the Rules, before intentional
       radiators like jammer devices can be marketed in the United States,
       they must be authorized in accordance with the Commission's
       certification procedures. 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."

    7. Jammer devices, however, cannot be certified or authorized because the
       main purpose of jammer devices is to block or interfere with radio
       communications. Such use is clearly prohibited by Section 333 of the
       Communications Act. Moreover, GPS signal blockers operate within
       restricted frequency bands listed in Section 15.205(a) of the Rules.
       Thus, these devices cannot comply with the FCC's technical standards
       and therefore cannot be marketed in the United States.

    8. Everbuying.com advertised on its web site a Mini Cigarette Lighter
       Anti-Tracker GPS Jammer Blocker device, which was subsequently sold
       and shipped to an Enforcement Bureau agent in the United States.
       Everbuying.com continues to offer jammer devices for sale on its web
       site, www.everbuying.com, and to solicit customers worldwide.
       Accordingly, we find that Everbuying.com has violated Section 302(b)
       of the Communications Act and Section 2.803 of the Rules by marketing
       in the United States radio frequency devices that are not eligible for
       certification. We therefore issue this Citation to Everbuying.com for
       violating the Rules as discussed above. Everbuying.com should take
       immediate steps to ensure that it does not continue to violate the
       Rules, including not completing any sale of jammer devices to
       customers in the United States.

   IV. FUTURE COMPLIANCE

    9. If, after receipt of this Citation, Everbuying.com violates the
       Communications Act or the 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 Communications Act or the Rules can result
       in seizure of equipment through in rem forfeiture actions, as well as
       criminal sanctions, including imprisonment.

   10. Everbuying.com 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
       Everbuying.com to ensure that it does not violate the Rules governing
       the marketing of radio frequency devices in the future. Please
       reference file number EB-10-CF-0171 when corresponding with the
       Commission.

   11. 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.

   V. CONTACT INFORMATION

   12. The closest FCC Office is the Seattle Field Office in Kirkland,
       Washington. You may contact  Salomon Satche by telephone, (301)
       725-1996, to schedule a personal interview, which must take place
       within thirty (30) days after the release date of this Citation. You
       should send any written statement within thirty (30) days after the
       release date of this Citation to: Federal Communications Commission,
       Columbia Field Office, 9200 Farm House Lane, Columbia, MD 21046

   13. 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);

   To request this document in accessible formats for people with
   disabilities (braille, large print, electronic files, audio format):
   202-418-0530 (voice), 202-418-0432 (tty).

   VI. ORDERING CLAUSES

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

   Mail and overnight mail to Everbuying.com at Room 18K, Nanjingyan, Tao
   Yuan RD, Nanshan District, Shenzhen 518057, China and by electronic mail
   to Everbuying.com at support@everbuying.com.

   FEDERAL COMMUNICATIONS COMMISSION

   Salomon Satche

   District Director

   Columbia Office

   Northeast Region

   Enforcement Bureau

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

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

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

   The agent observed on November 4, 5, and 22, 2010, that Everbuying.com was
   offering for sale several different jammer devices on its web site. See
   www.everbuying.com (featuring the Mobile Cell Phone GPS Jammer Blocker,
   Delicate cell phone jammers TG-101(latest design) with internal insulated
   antenna, and an 8W cell phone 3G jammer with remote control, and noting
   that these devices "can disable all types of cellular signals including
   the new 3G band").

   47 U.S.C. S: 333.

   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: 15.201(b).

   Section 15.3(o) of the Rules defines an "intentional radiator" as a
   "device that intentionally generates and emits radio frequency energy by
   radiation or induction." 47 C.F.R. S: 15.3(o).

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

   47 C.F.R. S: 15.205(a).

   These devices may be used in the United States only in limited
   circumstances not present here. See e.g., 47 U.S.C. S: 302a(c) ("Devices
   ... for use by the Government of the United States or any agency thereof
   shall be developed, procured, or otherwise acquired, including offshore
   procurement, under United States Government criteria, standards, or
   specifications designed to achieve the objectives of reducing interference
   to radio reception and to home electronic equipment and systems, taking
   into account the unique needs of national defense and security.).

   Furthermore, we note that it is not sufficient to merely include a notice
   on your web site indicating that jammer devices may not be allowed in
   certain countries, and stating that it is the purchaser's responsibility
   to comply with local regulations. See, e.g., Phonejammer.com, Notice of
   Apparent Liability for Forfeiture, 25 FCC Rcd 3827, 3830 (EB 2010). Such a
   statement is misleading to consumers as Section 2.803(a) is specifically
   directed at, and enforceable against, persons selling, leasing, offering
   for sale or lease, importing, shipping, or distributing for the purpose of
   sale or lease, noncompliant radio frequency devices. Therefore, as a
   seller of such devices, Everbuying.com is also responsible for
   understanding and complying with FCC rules. As noted, supra, it is a
   violation of the Communications Act and the Rules for Everbuying.com to
   sell these jammer devices to individuals in the United States.

   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 10-2295

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   Federal Communications Commission DA 10-2295