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Before the

Federal Communications Commission

Washington, D.C. 20554

)

In the Matter of )

TD Spot Inc. )
File No.: EB-11-MA-0223
dba Spy Spot Investigations )
Citation No.: C201232600001
www.spy-spot.com )

Deerfield Beach, FL )

)

CITATION AND ORDER

ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES

Adopted: July 12, 2012 Released: July 12, 2012

By the Resident Agent, Miami 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 TD Spot, Inc. dba Spy Spot Investigations and
www.spy-spot.com (Spy Spot) for marketing to consumers in the United
States and its territories (United States) unauthorized radio
frequency devices - specifically Global Positioning System (GPS)
signal jammers - in violation of Section 302(b) of the Act, and
Sections 2.803(a)(1) and 15.201(b) of the Commission's rules (Rules).

2. Spy Spot 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 Spot 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 Spot
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. Spy Spot claims to be the "biggest spy store showroom in Florida" with
nine locations, specializing in GPS trackers and other surveillance
products. On November 8, 2011, agents from the Miami Office conducted
an enforcement investigation and found that Spy Spot was offering for
sale a GPS signal jammer, marketed as a "GPS Blocker," at the Spy Spot
Investigations store located at 190 West Palmetto Park Rd., Boca
Raton, Florida 33432 (Palmetto Rd. location) and at The Hemp Factory
located at 503 N.E. 20th St. Boca Raton, Florida 33431 (Hemp Factory
location). Specifically, the agents observed the GPS Blocker in a
glass display case at the Palmetto Rd. location. The Spy Spot
salesperson at that location explained to the agents that the device
can block GPS signals within a close proximity and was for sale for
$149.99. The agents also observed the GPS Blocker in a glass display
case in a Spy Spot kiosk within the Hemp Factory location. The Spy
Spot salesperson at the Hemp Factory also telephoned a salesperson at
the Palmetto Rd. location to confirm the GPS Blocker's sales price of
$149.99.

4. The Miami Office agent later visited Spy Spot's online store,
www.spy-spot.com, and observed that Spy Spot has marketed via the
Internet within the past several months a GPS jamming device to
consumers in the United States. Specifically, the agent observed Spy
Spot marketing a "Vehicle GPS Jammer Blocker" for $155.00, which it
claimed could prevent cars and people from being tracked. Spy Spot
also touts the availability of its "GPS Jammer Blocker" on other
business promotion websites.

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
GPS 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, 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 Spot cannot comply with
the FCC's technical standards and therefore cannot be marketed
lawfully in the United States or its territories.

9. Spy Spot has illegally marketed and apparently continues to market
signal jammers to consumers in the U.S. and its territories. As
detailed above, on November 8, 2011, a Spy Spot salesperson offered
for sale GPS signal jamming devices to agents from the Miami Office at
its two locations in Boca Raton, Florida. As recently as April 5,
2012, Spy Spot also has offered for sale a signal jamming device
through its online store, www.spy-spot.com. In fact, the device
marketed was expressly labeled as a "GPS jammer," and the product
information and specifications variously touted the device as "small"
and "carried easily."

10. We observed no statements or notices on the website indicating that
Spy Spot - a U.S.-based retailer - would refuse to sell its GPS Jammer
Blocker to unauthorized purchasers in the United States or its
territories or would decline to complete any sales transactions
originating with such consumers. To the contrary, during the checkout
procedures, customers are only permitted to enter a city, state, and
zip code and cannot enter a country. In addition, Spy Spot's physical
store locations in South Florida were described as "showrooms"and were
prominently featured on the webpage.

11. We also note that Spy Spot includes a general disclaimer that purports
to shift the burden of complying with applicable laws to the
purchaser. As we have repeatedly noted, it is insufficient and
misleading for retailers to include a disclaimer on their websites or
in promotional or advertising materials stating or implying that
consumers in the United States and its territories bear sole
responsibility for complying with the applicable legal obligations
related to signal jamming devices. Such disclaimers are misleading
because they fail to disclose that the retailer also is violating the
law both by offering the device for sale to U.S. consumers and by
completing the sales transaction. Use of disclaimers that purport to
place the sole burden on the buyer of a jamming device does not
absolve the retailer of liability.

12. Accordingly, we find that Spy Spot 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
Spot for violating the Rules and the Communications Act as discussed
above. Spy Spot should take immediate steps to ensure that it does not
continue to market these signal jamming devices or any other signal
jamming devices. This may include actions such as removing illegal GPS
signal jamming devices from its online websites and other displays,
voluntarily surrendering existing inventory, and declining to sell
signal jamming devices to consumers in the United States.

IV. FUTURE COMPLIANCE

13. If, after receipt of this Citation, Spy Spot violates the
Communications Act or the Rules by marketing unauthorized radio
frequency devices within the United States or its territories or
otherwise engaging in conduct of the type described herein, the
Commission may impose monetary forfeitures of up to $16,000 for each
such violation, or in the case of a continuing violation, the
Commission may impose monetary forfeitures of up to $16,000 for each
day such continuing violation, up to a maximum forfeiture of $112,500
for any single act or failure to act. For instance, the Commission
could impose separate forfeitures for each signal jamming device sold
and/or for each day on which a signal jamming device is advertised or
otherwise offered for sale. In addition, 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.

14. In addition to providing the required information described in
paragraph 18 below, Spy Spot 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 statement should specify the
actions taken by Spy Spot to ensure that it does not violate the
Communications Act or the Commission's rules governing the marketing
of GPS signal jamming devices and other radio frequency devices in the
future. Please reference file number EB-11-MA-0223 when corresponding
with the Commission.

15. 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

16. The closest FCC Office is the Miami Office in Miami, Florida. Spy Spot
may contact Michael Mattern by telephone, 305-994-1642, to schedule a
personal interview, which must take place within thirty (30) calendar
days after the release date of this Citation. Spy Spot should also
send any written statement within thirty (30) calendar days after the
release date of this Citation to:

Michael Mattern

Federal Communications Commission

Miami Office

P.O. Box 520617

Miami, FL 33122

Re: EB-11-MA-0223

17. 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).

VI. REQUEST FOR INFORMATION

18. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,
Spy Spot is directed to provide the information requested in
non-public Appendix A hereto within thirty (30) calendar days after
the release date of this Citation. The request for information
concerns Spy Spot's signal jamming suppliers and sales as well as the
disposition of the signal jamming device in its inventory. A failure
to respond, or an inadequate, incomplete, or misleading response, may
subject Spy Spot to additional sanctions.

VII. ORDERING CLAUSES

19. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, TD Spot, Inc. dba Spy Spot Investigations must
provide the information requested in paragraph 18 and Non-Public
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.

20. 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 TD Spot, Inc. dba Spy Spot Investigations, at 41 S.E. 9th
Terrace, Deerfield Beach, FL 33441 and at 190 West Palmetto Park Rd.,
Boca Raton, FL 33432.

FEDERAL COMMUNICATIONS COMMISSION

Michael Mattern

Resident Agent

Miami 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).

47 U.S.C. S:S: 154(i) - (j), 403.

See www.spy-spot.com (listing locations in Ft. Lauderdale, Boca Raton,
Hollywood, Miami Gardens, Davie and Pompano Beach).

See http://www.spy-spot.com/product/Vehicle+GPS+Jammer+Blocker (last
visited Apr. 5, 2012) (claiming that the device intercepts World GPS
satellite special channel L1/L2).

Id.

See e.g.,
http://www.superpages.com/bp/Miami-FL/Miami-Spy-Store-Spy-Spot-Investigations-GPS-CCTV-Security-Camera-Installation-L2319358646.htm
("Spy Spot investigation Online Spy Store Spy Shop specializes in . . .
GPS Jammer Blocker. . . ." ) (last visited June 30, 2012);
http://www.manta.com/c/mx78rsc/spy-spot-store-gps-tracking-surveillance-products
("spy equipment such as SPY GPS Trackers . . . GPS Jammer Blocker . . .
.") (last visited June 30, 2012).

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: 333.

See supra note 2.

See supra para. 4 and accompanying notes.

See supra note 7.

See www.spy-spot.com/cart/checkout (last visited July 2, 2012).

The homepage of the website directly links the online webstore to the
physical locations in Florida. See http://www.spy-spot.com/ (last visited
July 2, 2012) ("Assisting with hidden recordings/tracking devices or anti
tracking devices, SPY-SPOT INVESTIGATIONS is your one stop shop located on
Palmetto Park Rd in Boca Raton FL, west of Dixie Highway at 190c West
Palmetto Park Road Boca Raton FL 33432 . (one of our many locations)."

See www.spy-spot.com/terms ("purchaser of product has the responsibility
to confirm and comply with any and all applicable federal, state and
and/or local laws") (last visited June 30, 2012).

See Illegal Marketing of Signal Jamming Devices, Omnibus Citation and
Order, 26 FCC Rcd 13565 (Enf. Bur. 2011). See also FCC Enforcement
Advisory: Cell Jammers, GPS Jammers, and Other Jamming Devices, Retailers
Advised that the Marketing or Sale of Devices Designed to Block, Jam, or
Interfere with Authorized Radio Communications Is Strictly Prohibited in
the U.S., Public Notice, DA 11-249 (Feb. 9, 2011), available at
http://www.fcc.gov/eb/jammerenforcement; New Generation Hobbies, Citation,
26 FCC Rcd 9468 (Enf. Bur. 2011).

47 U.S.C. S: 302; 47 C.F.R. S:S: 2.803, 15.201(b).

Id.

See 47 U.S.C. S:S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(4). These amounts
are subject to further adjustment for inflation (see47 C.F.R. S:
1.80(b)(6)), 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.").

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, paras. 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).

(...continued from previous page)

(continued....)

Federal Communications Commission DA 12-1107