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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
                                           )                                
     In the Matter of                          File No.: EB-10-LA-0130      
                                           )                                
     Custom Interface Technologies             NAL/Acct. No.:               
                                           )   201232900002                 
     A Division of Thornstar Corporation                                    
                                           )   FRN: 0019067206              
     Joshua Tree, California                                                
                                           )                                
                                                                            
                                           )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: November 16, 2011 Released: November 17, 2011

   By the District Director, Los Angeles District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Custom Interface Technologies, a Division of Thornstar
       Corporation ("CIT"), in Joshua Tree, California,  willfully and
       repeatedly violated section 302(b) of the Communications Act of 1934,
       as amended ("Act"), and sections 2.803(a)(1) and 74.851(f) of the
       Commission's rules ("Rules") by manufacturing and marketing
       unauthorized radio frequency devices. We conclude that CIT is
       apparently liable for a forfeiture in the amount of fourteen thousand
       dollars ($14,000).

   II. BACKGROUND

    2. In May and June, 2010, the Enforcement Bureau's Los Angeles Office
       ("Los Angeles Office") investigated allegations that uncertified video
       assist transmitters were being sold and rented by various entities in
       the Los Angeles area. The Los Angeles Office determined that three
       film and video supply companies were marketing uncertified video
       assist transmitters, models Modulus 3000 and Modulus 5000, which were
       manufactured by CIT. On November 18, 2010, the Los Angeles Office
       issued citations to the Companies. The Companies responded, with each
       stating that it acquired the uncertified Modulus devices from CIT. On
       November 26, 2010, a Los Angeles Office agent found that the Modulus
       3000 and 5000 video assist transmitters were offered for sale on CIT's
       website.

    3. On March 2, 2011, the Los Angeles Office issued a Letter of Inquiry to
       CIT. On May 5, 2011, in response to the LOI, CIT stated that it did
       manufacture the Modulus video assist transmitter in two versions, the
       3000 and the 5000, and that it "did not have any certifications or
       authorizations with regard to the Modulus transmitter, as it was
       manufactured for export only." CIT acknowledged that it received
       notice from the Commission in 1996 concerning its marketing of the
       Modulus 2000 video assist transmitter and the requirement that such
       transmitters be certified prior to being marketed in the United
       States. CIT further stated that it discontinued manufacture of the
       Modulus models in 2010 and that it currently has no inventory of the
       transmitters.

   III. DISCUSSION

    4. Section 503(b) of the Act, provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. Section 312(f)(1) of the Act defines willful as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both section 312 and 503(b) of the Act and the
       Commission has so interpreted the term in the section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful. The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day.

   A. Marketing of Uncertified Devices

    5. 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 that:

   Except as provided elsewhere in this section, 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 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. 

   As video assist transmitters, the Modulus 3000 and 5000 models are
   required by section 74.851(f) of the Rules to be approved through the
   equipment certification procedures described in Part 2 of the Rules prior
   to marketing in the U.S.

    6. CIT acknowledges that it manufactured the Modulus 3000 and 5000 video
       assist transmitters and that it never obtained Commission
       certifications or authorizations for the transmitters. Visits to the
       CIT website by a Los Angeles agent revealed that CIT marketed these
       transmitters for sale from at least May 28, 2010, through November 26,
       2010 in the U.S. Although CIT claims it manufactured the Modulus
       transmitters for export only, all three of the Los Angeles Companies
       that received citations for marketing the Modulus 3000 and 5000
       transmitters were referenced on the CIT website and all three stated
       that they obtained the transmitters directly from CIT. Based on the
       evidence before us, we find that CIT apparently willfully and
       repeatedly violated section 302(b) of the Act and sections 2.803(a)(1)
       and 74.851(f) of the Rules by manufacturing and marketing unauthorized
       radio frequency devices, specifically, two models of the Modulus video
       assist transmitters, in the United States.

   B. Proposed Forfeiture

    7. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for marketing of
       unauthorized equipment  is $7,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, any history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Applying the Forfeiture Policy Statement, section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that CIT is apparently liable for a  total forfeiture of $14,000 for
       marketing two models of unauthorized  video assist transmitters
       manufactured by CIT, model Modulus 3000 and model Modulus 5000, in
       violation of section 302(b) of the Act and sections 2.803(a)(1) and
       74.851(f) of the Rules.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204(b),
       0.311, 0.314 and 1.80 of the Commission's rules, Custom Interface
       Technologies, a Division of Thornstar Corporation, is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen
       thousand  dollars ($14,000) for marketing two models of uncertified
       wireless video assist transmitters in willful and repeated violations
       of section 302(b) of the Act and sections 2.803(a)(1) and 74.851(f) of
       the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Custom Interface
       Technologies, a Division of Thornstar Corporation, SHALL PAY the full
       amount of the proposed forfeiture, per paragraph 10, below, or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture, per paragraphs 11 and 12.

   10. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer - Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Custom Interface
       Technologies, a Division of Thornstar Corporation, shall also send
       electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   11. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Western
       Region, Los Angeles District Office, 18000 Studebaker Rd., Suite 660,
       Cerritos, CA 90703 and include the NAL/Acct. No. referenced in the
       caption. Custom Interface Technologies, a Division of Thornstar
       Corporation, also shall email the written response to
       WR-Response@fcc.gov.

   12. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to Custom Interface Technologies, a
       Division of Thornstar Corporation,  at P.O. Box 1364, Joshua Tree, CA
       92252.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

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

   47 C.F.R. S:S: 2.803(a)(1), 74.851(f).

   Video assist transmitters are authorized under Part 74, Subpart H of the
   Commission's rules for use by television and motion picture producers,
   transmitting on VHF and UHF television channels on a non-interference
   basis. 47 C.F.R S: 74.870. This type of device is used as an aide in
   composing camera shots on motion picture and television sets. 47 C.F.R S:
   74.801. All such transmitters marketed for use in this service are
   required to be certificated pursuant to Part 2 of the Commission's
   regulations. 47 C.F.R S:S: 74.851(f), 2.803(a)(1).

   The three companies were South Bay Film and Video Services, Abel Cine
   Tech, and Wolf Seeberg Video ("Companies").

   See South Bay Film and Video Services, Citation, 25 FCC Rcd 15989 (Enf.
   Bur., Los Angeles Office 2010); Abel Cine Tech, Citation, 25 FCC Rcd 15985
   (Enf Bur., Los Angeles Office 2010); Wolf Seeberg Video, Citation, 25 FCC
   Rcd 15981 (Enf. Bur. Los Angeles Office 2010) (collectively, "Citations").

   See Letter from Jonathan L. Kramer, Attorney for South Bay Film and Video
   Services, to Nader Haghighat, District Director, Los Angeles Office,
   Western Region, Enforcement Bureau, dated December 8, 2010 ("South Bay
   Film and Video Service Citation Response"); Letter from Jonathan L.
   Kramer, Attorney for Wolf Seeberg Video, to Nader Haghighat, District
   Director, Los Angeles Office, Western Region, Enforcement Bureau, dated
   December 15, 2010 ("Wolf Seeberg Video Citation Response"); See Letter
   from Peter Abel, Chief Executive Officer, Abel Cine Tech, to Nader
   Haghighat, District Director, Los Angeles Office, Western Region,
   Enforcement Bureau, dated December 6, 2010 ("Abel Cine Tech Citation
   Response").

   See South Bay Film and Video Service Citation Response at 1; Wolf Seeberg
   Video Citation Response at 1; Abel Cine Tech Citation Response at 1.

   The website contained advertising, sales and contact information as well
   as dealer contacts. See http:/:www.custominterface.com (last visited
   November 26, 2010). The Los Angeles agent had previously visited the site
   on May 28, 2010, and found the same information. See
   http://www.custominterface.com (visited May 28, 2010).

   See  Letter of Inquiry from Nader Haghighat, District Director, Los
   Angeles Office, Western Region, Enforcement Bureau, to Custom Interface
   Technologies, dated March 2, 2011 ("LOI").

   See  Letter from Philip Spinelli, Custom Interface Technologies, to Nader
   Haghighat, District Director, Los Angeles Office, Western Region,
   Enforcement Bureau, dated May 5, 2011 ("LOI Response").

   LOI Response at 1.

   LOI Response at 1, Attachment 2.

   LOI Response at 2.

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the Act
   (e.g., section 503).... As defined ... `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms ...").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
   7 FCC Rcd 3454.,

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd at 1362.

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

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

   47 C.F.R. S:S: 74.801 - 74.882; see supra note 3.

   47 C.F.R. S: 74.851(f).

   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.

   LOI Response at 1 - 2.

   Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes 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."

   Pursuant to section 2.807(b) of the Rules, the section 2.803 requirements
   do not apply to radio frequency devices manufactured solely for export. 47
   C.F.R. S: 2.807(b). See also 47 U.S.C. S: 302a(c). This exemption,
   however, applies only to devices that the manufacturer actually exports.
   See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd
   9020 (Enf. Bur. 2009) (unauthorized FM broadcast transmitters and external
   RF power amplifiers marketed for sale in U.S. were not covered by section
   2.807(b) exemption despite claim that the devices were marketed for
   "export only"); Gibson Tech Ed Inc., Memorandum Opinion and Order, 21 FCC
   Rcd 9642 (Enf. Bur. 2006) (exception for sale of broadcast transmitters is
   available to manufacturer of transmitters only if manufacturer in fact
   exports the devices).

   South Bay Film and Video Service Citation Response at 1 (stating that it
   purchased the subject wireless video assist devices from CIT); Wolf
   Seeberg Video Citation Response at 1 (stating that it purchased the
   Modulus Models 3000 and 5000 wireless video assist devices from CIT); Abel
   Cine Tech Citation Response at 1 (stating that it acquired the Modulus
   devices from CIT to sell only to buyers or renters outside the United
   States).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   See Jason Kaltenbach D/B/A Metamerchant, Laguna Nigel, California, 22 FCC
   Rcd 2087 (Enf. Bur. 2007) (assessing a $7,000 forfeiture for each of two
   models of uncertified devices to the marketer of the devices).

   47 U.S.C. S: 503(b), 302a(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311,
   0.314, 1.80, 2.803(a)(1), 74.851(f).

   See 47 C.F.R. S: 1.1914.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1911

                                       2

   Federal Communications Commission DA 11-1911