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                                January 7, 2010

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Matthew J. Wolf, President

   MALAA GeoScience USA, Inc.

   2040 Savage Road

   Charleston, SC 29416

   Re: File No. EB-09-SE-087

   Dear Mr. Wolf:

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), to MALAA GeoScience USA,
   Inc. ("MALAA") for marketing in the United States an unauthorized radio
   frequency device in violation of Section 302(b) of the Act ("Act"), and
   Section 2.803(a) of the Commission's Rules ("Rules"), and for importing a
   radio frequency device without filing FCC Form 740 (or the electronic
   equivalent) with the United States Customs and Border Patrol in violation
   of Section 2.1203 of the Rules. As explained below, future violations of
   the Commission's rules in this regard may subject your company to monetary
   forfeitures.

   In April of 2009, the Enforcement Bureau's Spectrum Enforcement Division
   ("Division") received a complaint alleging that in February of 2009, MALAA
   had been an exhibitor at a trade show and had displayed promotional
   materials that featured two uncertified devices, the Movement and
   Surveying Radar 200 ("MSR 200") and/or the Movement and Surveying Radar
   300 ("MSR 300"), without including a marketing disclaimer advising that
   the devices had not yet been certified by the Federal Communications
   Commission as is required by Section 2.803(c) of the Rules. By letter of
   inquiry ("LOI") dated July 15, 2009, the Division initiated an
   investigation into whether MALAA had marketed unauthorized  radio
   frequency devices in the United States.

   In your response to the LOI, you state that you are an American company
   that markets geophysical and geo-industry related products in North and
   South America. You state that you are the American representative of
   Reutech Mining ("Reutech"), which is the South African manufacturer of the
   MSR 200 and the MSR 300.

   In the LOI Response, you also explain that you have never sold or leased
   either the MSR 200 or the MSR 300 in the United States. However, you
   concede that you did market the MSR 300 surveying device at three trade
   shows that took place in the United States in February and June of 2009,
   and in three advertisements in a professional publication that was
   distributed in the United State in 2009, without having obtained the
   required FCC authorization for that device, or satisfying the disclaimer
   notice requirements of Section 2.803(c) of the Rules. In addition, you
   admit that in July of 2009, you imported one unit of the MSR 300 into the
   United States for the purpose of certification testing, but failed to file
   a Federal Communications Commission Form 740 (or the electronic
   equivalent) with the United States Customs and Border Patrol for that
   device.

   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 Rules
   provides in pertinent part 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 that is 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....

   Transmitters that are utilized for operation under Part 90 of the Rules,
   such as the MSR 200 and/or MSR 300, are generally required by Section
   90.203 to be approved prior to marketing through the equipment
   certification procedures described in Sections 2.1031-2.1060 of the Rules.

   Under Section 2.803(c) of the Rules, a party is allowed, in limited
   circumstances, to market devices prior to receiving equipment
   authorization from the Commission. Specifically, devices may be

   Advertised or displayed, e.g., at a trade show or exhibition, prior to
   equipment authorization . . . provided that the advertising contains, and
   the display is accompanied by, a conspicuous [disclaimer] notice worded as
   follows: This device has not been authorized as required by the Rules of
   the Federal Communications Commission. This device is not, and may not be,
   offered for sale or lease, or sold or leased, until authorization is
   obtained.

   In your LOI response, you admit that on at least three occasions within
   the past year you marketed one radio frequency device, the MSR 300, in the
   United States without prior certification, and without accompanying the
   marketing materials for that device with a disclaimer that satisfied the
   requirements of Rule 2.803(c).

   Under Section 2.1203 of the Rules, no radio frequency device may be
   imported into the Customs territory of the United States unless the
   importer declares that the device meets one of the conditions for entry
   set forth in Section 2.1204 of the Rules. Pursuant to Section 2.1205 of
   the Rules, this declaration must be filed electronically, where electronic
   filing with Customs is available, or using FCC Form 740, where electronic
   filing with Customs has not been implemented.

   In your LOI Response, you admit that you imported one unit of the MSR 300
   into the United States without properly filing a FCC Form 740 (or the
   electronic equivalent) with the United States Customs and Border Patrol.

   Accordingly, it appears that MALAA has violated Section 302(b) of the Act
   and Section 2.803(a) of the Rules by marketing an unauthorized radio
   frequency device in the United States, and violated Section 2.1203 of the
   Rules by importing a radio frequency device into the United States without
   filing a Federal Communications Commission Form 740 (or the electronic
   equivalent).

   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.

   If you choose to do so, 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 MALAA is
   taking to ensure that it does not violate the Commission's rules governing
   the marketing and importation of unauthorized radio frequency devices in
   the future.

   The nearest Commission field office is the Atlanta, Georgia office. Please
   call Deborah Broderson at 202-418-0652, 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 S. 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 S. Berthot

   Chief, Spectrum Enforcement Division

   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).

   47 C.F.R. S: 2.1203.

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

   See letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to MALAA GeoScience
   USA, Inc. (July 15, 2009) ("LOI").

   See letter from Mitchell Lazarus, Counsel for MALAA GeoScience USA, Inc.,
   to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (August 14, 2009) ("LOI
   Response") at 2.

   Id. at 3. There is no common ownership between MALAA and Reutech Mining.
   Id.

   Id. at 2.

   Id. at 4 and Exhibit C.

   Id. at 3-4.

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

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

   In its LOI Response, MALAA requested that the frequency and power
   information relating to the MSR 200 and MSR 300 be subject to confidential
   treatment, pursuant to Section 0.459 of the Rules. 47 C.F.R. S: 0.459.
   Based on MALAA's submissions, it appears that the MSR 200 and MSR 300
   devices would be subject to regulation under Part 90 of the Rules. 47
   C.F.R. S: 90.01 et seq.

   47 C.F.R. S: 90.203.

   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: 2.803(c).

   We note that Reutech obtained a grant of certification for the MSR 300 on
   September 24, 2009. See FCC ID XOP-5840-SL-3000.

   See LOI Response at 4 and Exhibit C. Our investigation did not uncover
   similar evidence with respect to the marketing of the MSR 200.

   47 C.F.R. S: 2.1203.

   47 C.F.R. S: 2.1204.

   47 C.F.R. S: 2.1205.

   See LOI Response at 3-4.

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

   5 U.S.C. S: 552(a)(e)(3).

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

   Federal Communications Commission DA 10-07

   2

   Federal Communications Commission DA 10-07

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554