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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
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Federal Communications Commission DA 11-135