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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-11-CF-0043
Pyong Kon Eun )
Citation No.: C201132340003
Knoxville, TN )
)
)
CITATION
ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES
Adopted: May 19, 2011 Released: May 20, 2011
By the District Director, Columbia Office, Northeast Region, 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
Pyong Kon Eun 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. Pyong Kon Eun 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 Commission's rules in this regard may
subject Pyong Kon Eun to substantial monetary penalties, seizure of
equipment, and criminal sanctions.
II. background
3. On April 16, 2011, an agent from the Enforcement Bureau's Columbia
Office, in response to a complaint, attended the C & E Gun Show at the
Dulles Expo Center in Chantilly, Virginia. Pyong Kon Eun, a vendor at
the gun show, offered to sell the agent cell phone signal blocker
devices and GPS signal jammer devices (collectively, "jammer
devices"). Pyong Kon Eun explained to the agent 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, 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 Pyong Kon Eun cannot
comply with the FCC's technical standards and therefore cannot be
marketed lawfully in the United States or its territories.
8. Pyong Kon Eun offered to sell to an individual (an undercover
Enforcement Bureau agent) jammer devices at the C & E Gun Show held on
April 16, 2011 at the Dulles Expo Center in Chantilly, Virginia.
Accordingly, we find that Pyong Kon Eun 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 that are not eligible for
certification. We therefore issue this Citation to Pyong Kon Eun for
violating the Rules as discussed above. Pyong Kon Eun should take
immediate steps to ensure that he does not import, advertise, or sell
jammer devices.
IV. REQUEST FOR INFORMATION
9. Pursuant to sections 4(i), 4(j), and 403 of the Communications Act,
Pyong Kon Eun is directed to provide the following information within
30 (thirty) calendar days after the release date of this Citation:
Name and mailing address of the source(s), manufacturer(s),
distributor(s) and/or importer(s) from whom Pyong Kon Eun acquired the
jammer devices and any invoices reflecting the purchase and/or sale of
a jammer device.
V. FUTURE COMPLIANCE
10. If, after receipt of this Citation, Pyong Kon Eun violates the
Communications Act or the Commission's 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. Pyong Kon Eun 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 what actions have
been taken by Pyong Kon Eun to ensure that he does not violate the
Commission's rules governing the marketing of cell and GPS jammers and
radio frequency devices in the future. Please reference file number
EB-11-CF-0043 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 Atlanta District Office in Atlanta,
Georgia. Pyong Kon Eun may contact Salomon Satche by telephone,
301-725-1996, 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:
Salomon Satche
Federal Communications Commission
Columbia Field Office
9200 Farm House Lane
Columbia, MD 21046
Re: EB-11-CF-0043
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 a copy of this Citation shall be sent both by First
Class U.S.
Mail and Certified Mail, Return Receipt Requested to Pyong Kon Eun at
10720 Pinedale Drive, Knoxville, Tennessee, 37922-3130.
FEDERAL COMMUNICATIONS COMMISSION
Salomon Satche
District Director
Columbia Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
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).
47 U.S.C. S:S: 154(i), 154(j), 403.
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 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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(continued....)
Federal Communications Commission DA 11-924
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Federal Communications Commission DA 11-924