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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                           
                                                         
     In the Matter of        )                           
                                                         
     GadgetTown Inc. d/b/a   )   File No.: EB-10-SE-082  
                                                         
     GadgetTown.com          )                           
                                                         
                             )                           


                                    CITATION

                  ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES

   Adopted: May 2, 2011 Released: May 4, 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
       GadgetTown d/b/a GadgetTown.com ("GadgetTown") for marketing in the
       United States unauthorized radio frequency devices  - cell phone
       signal blockers and GPS signal jammers  - in violation of section
       302(b) of the Communications Act, and section 2.803 of the
       Commission's rules ("Rules").

    2. GadgetTown should take immediate steps to come into compliance and to
       avoid any recurrence of this misconduct. These jamming devices pose
       significant risks to public safety and other radio communications
       services. 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. The Enforcement Bureau ("Bureau") of the Federal Communications
       Commission ("Commission" or "FCC") initiated an investigation of
       GadgetTown and its marketing of the following unauthorized radio
       frequency devices in the United States: the Cigarette Case Cell Phone
       Signal Blocker, the Portable Cell Phone Signal Blocker, the 60M Range
       Mountable Cell Phone Signal Blocker and the Portable Anti-Tracker GPS
       Signal Jammer Blocker. The staff of the Bureau's Spectrum Enforcement
       Division ("Division") observed that GadgetTown offered for sale the
       four signal jamming devices on the company's web site, and on July 23,
       2010, the Division issued a letter of inquiry ("LOI") to GadgetTown.
       The company responded to the LOI on August 31, 2010.

    4. In its response to the LOI, GadgetTown stated that it marketed the
       aforementioned signal jamming devices between July 1, 2010 and July
       22, 2010, selling a total of 15 signal jamming devices to U.S.
       consumers during that period. In addition, GadgetTown identified the
       supplier and quantity of each device sold in July 2010. GadgetTown
       explained that it did not manufacture any of the devices, but shipped
       the products directly from Shenzhen, China. Finally, GadgetTown stated
       that it was not aware of regulations prohibiting the import and sale
       of the signal jamming devices, and that since receiving notification
       from the Commission, it has taken steps to ensure "that there will be
       no further prohibited items imported into the United States."

   III. applicable law and violations

    5. 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."

    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, 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."

    8. 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, a device intended for such use
       is clearly prohibited by section 333 of the Communications Act. Thus,
       signal jamming devices such as those offered by GadgetTown cannot
       comply with the FCC's technical standards and therefore cannot be
       marketed lawfully in the United States or its territories.

    9. GadgetTown admits that it imported and marketed the signal jamming
       devices in the United States. Accordingly, we find that GadgetTown
       violated section 302(b) of the Communications Act and section 2.803 of
       the Rules by marketing in the United States radio frequency devices
       (the Cigarette Case Cell Phone Signal Blocker, the Portable Cell Phone
       Signal Blocker, the 60M Range Mountable Cell Phone Signal Blocker, and
       the Portable Anti-Tracker GPS Signal Jammer Blocker) that are not
       eligible for certification. We therefore issue this Citation to
       GadgetTown for violating the Communications Act and the Rules as
       discussed above.

   IV. FUTURE COMPLIANCE

   10. If, after receipt of this Citation, GadgetTown 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. GadgetTown may respond to this Citation within thirty (30) 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 what actions have
       been taken by GadgetTown to ensure that it does not violate the
       Communications Act and the Rules prohibiting the marketing of radio
       frequency signal jamming devices in the future. Please reference file
       number EB-10-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 New York District Office in New York,
       NY. You may contact Karen Mercer by telephone, (202) 418-1160, 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:

   John D. Poutasse

   Acting Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   445 12th Street, S.W. Rm. 3-C366

   Washington, D.C. 20554

   Re: EB File No. EB-10-SE-082

   14. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will need
       providing 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 CLAUSES

   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.
       Shu Wu, GadgetTown, Inc., 726 64th Street, Brooklyn, New York
       11220-4714, and his counsel, Mr. Paul A. Goldberger, Esq., Goldberger
       & Dubin, P.C., 401 Broadway, New York, New York 10013.

   FEDERAL COMMUNICATIONS COMMISSION

   John D. Poutasse

   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.

   See www.gadgettown.com. Enforcement Bureau staff first observed the web
   site on July 6, 2010.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Shu Wu,
   GadgetTown Inc. d/b/a GadgetTown.com (July 23, 2010).

   See Letter from Paul A. Goldberger, Esq., counsel for GadgetTown, to Karen
   Mercer and JoAnn Lucanik, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (August 31, 2010). On August 10,
   2010, the Division granted GadgetTown an extension of time to respond to
   the LOI, setting a new response date of September 1, 2010.

   See id. at 1.

   See id.  at  1-2.

   See id. at 2.

   See id.

   Id. at 3.

   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 47 U.S.C. S: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 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 ("[N]o 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.").

   (...continued from previous page)

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   Federal Communications Commission DA 11-812

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   Federal Communications Commission DA 11-812