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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                          
                                                              
                                   )                          
     In the matter of                                         
                                   )   File No. EB-09-SE-118  
     Comtrex Communications Ltd.                              
                                   )                          
                                                              
                                   )                          


                                    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
       Comtrex Communications Ltd. ("Comtrex") 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. Comtrex 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 June 9, 2009, an email advertisement from Comtrex for cell phone
       jammers was received by the Federal Communications Commission at
       dtvinfo@fcc.gov. Subsequently, staff from the Spectrum Enforcement
       Division ("Division") of the Enforcement Bureau viewed Comtrex's web
       site, www.comtrexcommunications.com, and observed advertisements for
       three devices listed as "cell phone jammers," model numbers COMDZ101F,
       COMDZ101B, and COMDZ101M. On September 29, 2009, the Division issued a
       letter of inquiry ("LOI") to Comtrex. On December 16, 2009, having not
       received a response to the September 29, 2009 LOI, the Division resent
       the LOI to Comtrex. Comtrex responded to the LOI on December 30, 2009.

    4. In its LOI Response, Comtrex admitted that it marketed the subject
       cell phone jammers in an email marketing blast on June 9, 2009 and on
       its web site. Comtrex also stated that it did not receive any
       inquiries from prospective purchasers as a result of the email blast
       or web site advertising. Comtrex further stated that it "has never
       sold cell phone jammers to any customer worldwide, never been in
       possession of a cell phone jammer, [and] never imported or exported
       cell phone jammers," and that it does not manufacture jammers. 
       Finally, Comtrex asserted that when it was contacted by the Commission
       concerning this matter, Comtrex "immediately removed any references
       for cell phone jammers" from its web site.

   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 relevant 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 those offered by Comtrex, cannot comply with the FCC's
       technical standards and therefore cannot be marketed in the United
       States.

    9. While Comtrex claims that it did not actually manufacture, import, or
       sell cell phone jammers, it admits that it marketed cell phone jammers
       in the United States. Accordingly, we find that Comtrex 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 (model
       numbers COMDZ101F, COMDZ101B, and COMDZ101M) that are not eligible for
       certification. We therefore issue this Citation to Comtrex for
       violating the Communications Act and the Rules as discussed above.

   IV. FUTURE COMPLIANCE

   10. If, after receipt of this Citation, Comtrex 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. Comtrex 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 Comtrex 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-118 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 New York District Office, in New York,
       NY. You may contact Jennifer Burton by telephone, 202-418-1160, 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-118

   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):

   202-418-0531 (voice), 202-418-7365 (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 Certified Mail, Return Receipt Requested to Mr.
       Richard Myers, President, Comtrex Communications Ltd., 714 Gerrard
       Street East, Toronto, ON M4M 1Y3, Canada.

   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.

   On September 14, 2009, Division staff visited Comtrex's web site and
   observed that Comtrex was marketing three cell phone jammers, model
   numbers COMDZ101F, COMDZ101B, and COMDZ101M, at
   http://www.comtrexcommunications.com/cell-phone-jammer,
   http://www.comtrexcommunications.com/phone-jammer-with-remote-control, and
   http://www.comtrexcommunications.com/portable-cell-phone-jammer,
   respectively.

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Mr. Patrick
   Armstrong, CEO, Comtrex Communications Ltd. (Sept. 29, 2009). According to
   the September 29, 2009 Fax Transmission Report, the LOI was successfully
   sent to the Comtrex fax number.

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Mr. Patrick
   Armstrong, CEO, Comtrex Communications Ltd. (Dec. 16, 2009).

   Letter from Richard Myers, President, Comtrex Communications Ltd., to
   JoAnn Lucanik, Deputy Chief, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (Dec. 30, 2009) ("LOI
   Response").

   LOI Response at 1.

   Id.

   Id. Subsequent observations by FCC Staff of Comtrex's web site revealed
   that the company no longer markets cell phone jammers (web site last
   visited on January 24, 2011).

   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 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.").

   Federal Communications Commission DA 11-135

   2

   Federal Communications Commission DA 11-135