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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
     In the Matter of                                                        
                                            )   File No.: EB-10-CF-0157      
     New Century Technology Limited                                          
                                            )   Citation No.:                
     Bao'an District, Shenzhen 518001,          C201132340003                
     China                                  )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


                                    CITATION

                ILLEGAL MARKETING OF CELL PHONE AND GPS JAMMERS

   Adopted: January 20, 2011 Released: January 21, 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
       New Century Technology Limited ("New Century") for marketing
       unauthorized radio frequency devices in the United States in violation
       of Section 302(b) of the Communications Act, and Section 2.803(a)(1)
       of the Commission's rules ("Rules").

    2. New Century 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 July 20, 2010, an agent from the Enforcement Bureau's Columbia
       Office ("Columbia Office") viewed the website, www.theJammerStore.com,
       and observed an advertisement for a device listed as a "Handheld GPS
       and Cell Phone Jammer Mini GPJ" ("Mini GPJ"). On July 21, 2010, the
       agent made an undercover buy on-line using the PayPal electronic
       payment system and received a Mini GPJ through the mail. The invoice
       that accompanied the device and the PayPal receipt identified New
       Century as the seller. The agent conducted tests and confirmed that
       the device jams signals in the Cell Phone Band (845-975 MHz), PCS Band
       (1800-1996 MHz), and GPS L1 frequency 1575.42 MHz.

    4. Federal law prohibits the marketing and operation of jammer devices 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."

    5. Section 2.803(a)(1) of the Commission's implementing regulations
       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...." Additionally, Section 2.803(g) of
       the Rules provides in pertinent part that "radio 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, before intentional
       radiators like jammer devices 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."

    7. Jammer devices, however, cannot be certified or authorized because the
       main purpose of jammer devices is to block or interfere with radio
       communications. Such use is clearly prohibited by Section 333 of the
       Communications Act. Moreover, GPS signal blockers operate within
       restricted frequency bands listed in Section 15.205(a) of the Rules.
       Thus, these devices cannot comply with the FCC's technical standards
       and therefore cannot be marketed in the United States.

    8. New Century shipped and sold to an Enforcement Bureau agent in the
       United States a cell and GPS jammer device, the Mini GPJ, that Jammer
       World offered for sale on its web site. Accordingly, we find that New
       Century 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 New Century for violating the Rules
       as discussed above. New Century should take immediate steps to ensure
       that it does not continue to violate the Rules, including not
       completing any sale of jammer devices to customers in the United
       States.

   III. FUTURE COMPLIANCE

    9. If, after receipt of this Citation, New Century 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.

   10. New Century 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 New
       Century to ensure that it does not violate the Rules governing the
       marketing of radio frequency devices in the future. Please reference
       file number EB-10-CF-0157 when corresponding with the Commission.

   11. 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.

   IV. CONTACT INFORMATION

   12. The closest FCC Office is the Seattle Field Office in Kirkland,
       Washington. You may contact  Salomon Satche by telephone, (301)
       725-1996, 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: Federal Communications Commission,
       Columbia Field Office, 9200 Farm House Lane, Columbia, MD 21046

   13. 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);

   To request this document in accessible formats for people with
   disabilities (braille, large print, electronic files, audio format):
   202-418-0530 (voice), 202-418-0432 (tty).

   V. ORDERING CLAUSES

   14. IT IS ORDERED that a copy of this Citation shall be sent both by First
       Class U.S.

   Mail and overnight mail to New Century Technology Limited at C1205 Xinhai
   LBDG, No 127 Meilong Rd, Bao'an District, Shenzhen  518001,  China.

   FEDERAL COMMUNICATIONS COMMISSION

   Salomon Satche

   District Director

   Columbia Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5). Section 503(b)(5) states that no forfeiture
   liability shall be determined against any person who does not hold a
   license, permit, certificate, or other authorization issued by the
   Commission unless, prior to issuance of any Notice of Apparent Liability,
   such person is "(A) sent a citation of the violation charged; (B) is given
   a reasonable opportunity for a personal interview with an official of the
   Commission at the field office of the Commission which is nearest to such
   person's place of residence; and (C) subsequently engages in conduct of
   the type described in such citation." 47 U.S.C. S: 503(b)(5). We note
   that, if New Century is also the manufacturer of the Mini GPJ, New Century
   would have been subject to a forfeiture under Section 503(b)(2) of the Act
   without first receiving notice via a Citation.

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

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

   47 U.S.C. S: 333.

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

   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).

   47 C.F.R. S: 15.205(a).

   These devices may be used in the United States only in limited
   circumstances not present here. See e.g., 47 U.S.C. S: 302a(c) ("Devices
   ... for use by the Government of the United States or any agency thereof
   shall be developed, procured, or otherwise acquired, including offshore
   procurement, under United States Government criteria, standards, or
   specifications designed to achieve the objectives of reducing interference
   to radio reception and to home electronic equipment and systems, taking
   into account the unique needs of national defense and security.).

   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.").

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-98

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   Federal Communications Commission DA 11-98