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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-11-SJ-0031
Spy Gallery, Inc. )
Citation No.: C201232680001
San Juan, PR )
)
)
CITATION AND ORDER
ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES
Adopted: October 17, 2011 Released: October 17, 2011
By the Resident Agent, San Juan Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. This is an official CITATION AND ORDER ("Citation") issued pursuant to
section 503(b)(5) of the Communications Act of 1934, as amended
("Communications Act"), to Spy Gallery, Inc. ("Spy Gallery") for
marketing to consumers in the United States and its territories
("United States") unauthorized radio frequency devices - cell phone
signal blockers and Global Positioning System ("GPS") signal jammers
(collectively, "signal jamming devices") - in violation of section
302(b) of the Act, and sections 2.803 and 15.201(b) of the
Commission's rules ("Rules").
2. Spy Gallery should take immediate steps to come into compliance and to
avoid any recurrence of this misconduct, including actions such as
removing illegal signal jamming devices from displays and declining to
sell signal jamming devices in the United States. Signal jamming
devices pose significant risks to public safety and potentially
compromise other radio communications services. As explained below and
as provided in the Communications Act, future violations of the Rules
in this regard may subject Spy Gallery to substantial monetary
penalties, seizure of equipment, and criminal sanctions. Pursuant to
sections 4(i), 4(j), and 403 of the Communications Act, we also direct
Spy Gallery to confirm within thirty (30) calendar days after the
release date of this Citation that it has ceased to market signal
jamming devices and to provide information concerning its signal
jamming device suppliers, distribution channels, and sales.
II. background
3. On May 3, 2011, Spy Gallery sold a cell phone signal blocker device to
a private citizen for use in a child care center. In addition, on June
29, 2011, in response to a complaint, agents from the Enforcement
Bureau's San Juan Office ("San Juan Office") visited the Spy Gallery
retail store in the Plaza Las Americas Mall in San Juan and observed a
salesperson offer for sale signal jamming devices.. Specifically, Spy
Gallery's salesman explained to the agents that the devices can jam
both wireless and GPS networks and that their jamming ranges extend
from 10 meters to well over 100 meters.
III. applicable law and violations
4. Federal law prohibits the marketing and operation of signal jamming
devices in the United States and its territories. 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. 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.
6. Pursuant to section 15.201(b) of the Rules, intentional radiators like
signal jamming devices cannot be marketed in the United States or its
territories unless they have first been 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. Signal jamming devices, however, cannot be certified or authorized
because their primary purpose is to block or interfere with authorized
radio communications. As noted above, use of such a device is clearly
prohibited by section 333 of the Communications Act. Thus, signal
jamming devices such as those offered by Spy Gallery cannot comply
with the FCC's technical standards and therefore cannot be marketed
lawfully in the United States or its territories.
8. On May 3, 2011, Spy Gallery sold a cell phone signal blocker device to
a private citizen. On June 29, 2011, a Spy Gallery salesman offered
for sale signal jamming devices to agents from the San Juan Office in
its retail store at Plaza Las Americas Mall in San Juan. Accordingly,
we find that Spy Gallery has violated section 302(b) of the
Communications Act and sections 2.803 and 15.201(b) of the Rules by
marketing in the United States radio frequency devices that are not
eligible for certification. We therefore issue this Citation to Spy
Gallery for violating the Rules and the Communications Act as
discussed above. Spy Gallery should take immediate steps to ensure
that it does not continue to market these signal jamming devices or
other signal jamming devices. This may include actions such as
removing illegal signal jamming devices from displays and declining to
sell signal jamming devices to consumers in the United States.
IV. REQUEST FOR INFORMATION
9. Pursuant to sections 4(i), 4(j), and 403 of the Communications Act,
Spy Gallery is directed to provide the information requested in
confidential Appendix A hereto within thirty (30) calendar days after
the release date of this Citation. The request for information
concerns Spy Gallery's signal jamming suppliers and sales as well as
the disposition of its signal jamming device inventory. A failure to
respond, or an inadequate, incomplete, or misleading response, may
subject Spy Gallery to additional sanctions.
V. FUTURE COMPLIANCE
10. If, after receipt of this Citation, Spy Gallery 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. For
instance, the Commission could impose separate forfeitures for each
signal jamming device sold or for each day on which a signal jamming
device is advertised or otherwise offered for sale. Violations of the
Communications Act or the Rules also can result in seizure of
equipment through in rem forfeiture actions, as well as criminal
sanctions, including imprisonment.
11. In addition to providing the required information described in
paragraph 9 above, Spy Gallery may respond to this Citation within 30
(thirty) calendar 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 the actions
taken by Spy Gallery to ensure that it does not violate the
Commission's rules governing the marketing of cell and GPS signal
jamming devices and other radio frequency devices in the future.
Please reference file number EB-11-SJ-0031 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.
VI. CONTACT INFORMATION
13. The closest FCC Office is the San Juan Office in San Juan, Puerto
Rico. Spy Gallery may contact Reuben Jusino by telephone,
787-306-1193, to schedule a personal interview, which must take place
within thirty (30) calendar days after the release date of this
Citation. You should send any written statement within thirty (30)
calendar days after the release date of this Citation to:
Reuben Jusino
Federal Communications Commission
San Juan Office
US Federal Building Room 762
San Juan, PR 00918
Re: EB-11-SJ-0031
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)
calendar 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).
VII. ORDERING CLAUSES
15. IT IS ORDERED that pursuant to sections 4(i), 4(j), and 403 of the
Communications Act, Spy Gallery, Inc. must provide the information
requested in paragraph 9 and Confidential Appendix A to this Citation
and Order. The response to the Request for Information must be
provided in the manner indicated herein and must be received by the
FCC within thirty (30) calendar days after the release date of this
Citation and Order.
16. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
sent both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested to Spy Gallery, Inc. at: Plaza Las Americas #429 525 FD,
Roosevelt Ave. San Juan, PR 00918 and at: POB 9776, Plaza Carolina
Station, Carolina, PR 00988.
FEDERAL COMMUNICATIONS COMMISSION
Reuben Jusino
Resident Agent
San Juan Office
South Central Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
In very limited circumstances and consistent with applicable procurement
requirements, retailers may market these devices to the U.S. federal
government for authorized, official use. See 47 U.S.C. S: 302a(c); see
also 47 C.F.R. S: 2.807(d).
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803(a)(1), 15.201(b).
The outside of the signal jamming device sold to the child care center did
not contain any identifying information. The manual accompanying the
device contained a Spy Gallery inventory sticker, which identified the
signal jamming device as model CVSAL-3400.
The outside of the signal jamming devices did not contain any identifying
information. However, Spy Gallery identified the cellular signal jamming
device as model CVSAL-3400 and the GPS signal jamming device as model
CVDLM-GJ168. The entity, which supplied Spy Gallery with the devices,
listed these model numbers on an invoice. We separately will pursue
appropriate enforcement action against this entity.
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).
An "intentional radiator" is 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 supra note 2.
Id.
47 U.S.C. S:S: 154(i), 154(j), 403.
See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, P:P: 23-28 (2002) ($100,000
forfeiture for egregious and intentional misconduct, i.e., refusing to
attest to truthfulness and accuracy of responses to a Letter Inquiry
(LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order, 22 FCC
Rcd 15146 (Enf. Bur. 2007) ($4,000 forfeiture for failure to respond to an
LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC Rcd 3954 (Enf.
Bur. 2005) ($20,000 forfeiture for failure to respond to a USF LOI);
Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur.
2003) ($4,000 forfeiture for failure to respond to an LOI); World
Communications Satellite Systems, Inc., Notice of Apparent Liability for
Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) ($10,000 forfeiture for a
non-responsive reply to an LOI); Digital Antenna, Inc., Sunrise, Florida,
Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 7600 (Spectrum
Enf. Div., Enf. Bur. 2007) ($11,000 forfeiture for failure to provide
complete responses to an LOI).
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 id. S:S: 401, 501.
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.").
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Federal Communications Commission DA 11-1720
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Federal Communications Commission DA 11-1720