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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the matter of )
File No.: EB-09-SE-082
DeadlyDeal.com )
)
)
CITATION
ILLEGAL MARKETING OF CELL PHONE JAMMERS
Adopted: January 26, 2011 Released: January 26, 2011
By the Acting Chief, Spectrum Enforcement Division, 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
DeadlyDeal.com ("Deadly Deal") for marketing in the United States
unauthorized radio frequency devices in violation of section 302(b) of
the Communications Act, and section 2.803 of the Commission's rules
("Rules").
2. Deadly Deal 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. By letter of inquiry ("LOI") dated February 18, 2010, the Spectrum
Enforcement Division ("Division") of the Enforcement Bureau of the
Federal Communications Commission initiated an investigation into
whether Deadly Deal is marketing in the United States a radio
frequency cell phone jamming device listed as the "Blocker." Division
staff observed an advertisement for the Blocker on Deadly Deal's
website, www.deadlydeal.com, on several occasions.
4. In Deadly Deal's March 3, 2010 response to the LOI, you admit that the
Blocker was offered for sale on various dates between August 25, 2008
and January 16, 2010. You also admit that you sold approximately 118
units of the Blocker within the United States. Additionally, you
indicate that you do not manufacture this device and that it ships
directly from www.FocalPrice.com and/or www.DealExtreme.com to your
clients. Finally, you assert that you will no longer offer this device
for sale.
III. Applicable Law and Violations
5. Federal law prohibits the marketing and operation of cell phone
jammers 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."
6. The applicable implementing regulations for section 302(b) are set
forth in sections 2.803, 15.201, and 15.3(o) of the Rules. Section
2.803(a)(1) of the Rules 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 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.
7. Pursuant to section 15.201(b) of the Rules, before intentional
radiators like cell phone jammers 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."
8. Jamming devices, however, cannot be certified or authorized because
the main purpose of a jamming device is to block or interfere with
radio communications. As noted above, such use is clearly prohibited
by section 333 of the Communications Act. Thus, cell phone jammers,
such as the Blocker, cannot comply with the FCC's technical standards
and therefore cannot be marketed in the United States.
9. Accordingly, given your admissions, and the evidence establishing that
you offered the Blocker for sale as recently as January 24, 2011, we
find that Deadly Deal 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 Deadly Deal for
violating the Communications Act and the Rules as discussed above.
Deadly Deal should take immediate steps to ensure that it does not
continue to violate the Communications Act and the Rules.
IV. future compliance
10. If, after receipt of this Citation, Deadly Deal 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.
11. Deadly Deal 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
Deadly Deal to ensure that it does not violate the Communications Act
and the Rules prohibiting the marketing of radio frequency jamming
devices in the future. Please reference EB file number EB-09-SE-082
when corresponding with the Commission.
12. 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
13. The closest FCC Office is the Los Angeles Field Office, in Cerritos,
California. You may contact Samantha Peoples by telephone,
202-418-1101, 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:
Ricardo M. Durham
Acting Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12th Street, S.W., Rm. 3-C460
Washington, D.C. 20554
Re: EB File No. EB-09-SE-082
14. 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):
202-418-0530 (voice), 202-418-0432 (tty).
VI. ordering clause
15. IT IS ORDERED that a copy of this Citation shall be sent both by First
Class U.S. Mail and by Certified Mail, Return Receipt Requested to Mr.
Sulamit Berkovits, DeadlyDeal.com, 147 S. Vista Street, Los Angeles,
CA 90036.
FEDERAL COMMUNICATIONS COMMISSION
Ricardo M. Durham
Acting 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.
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to Deadly Deal
(February 18, 2010) (sent via e-mail).
See http://deadlydeal.com/ (last visited, 4/8/2009);
http://www.deadlydeal.com/thecommunity.php?page=3 (last visited,
11/18/2009); http://www.deadlydeal.com/theblog.php?page=38 (last visited,
7/19/2010); and http://www.deadlydeal.com/thecommunity.php?page=19 (last
visited, 1/24/11) .
Letter from Sulamit Berkovits, Deadly Deal, to Samantha Peoples, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission (March 3, 2010).
Id. at 1-2. You indicate that the DeadlyDeal.com website only sells a
single product per day and that the product is only offered for sale for a
24-hour period at a time. Id. at 1.
Id. at 2.
Id.
Id.
47 U.S.C. S: 333.
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803, 15.201, and 15.3(o).
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).
See http://www.deadlydeal.com/thecommunity.php?page=19 (last visited on
1/24/2011). We note that the device is currently listed on the web site
with the date "January 16, 2010."
See 47 U.S.C. S: 503; 47 C.F.R. S: 1.80(b)(3). These amounts are 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 47 U.S.C. S:S: 401, 501.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001.
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.")
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Federal Communications Commission DA 11-125
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Federal Communications Commission DA 11-125