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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Spy Shop d/b/a
)
IQ Tronics, Inc. File No.: EB-11-LA-0113
)
SpyShopOne.com Citation No.: C201232900001
)
SpyGadgetsShop.com
)
Sherman Oaks, CA
)
CITATION AND ORDER
ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES
Adopted: July 17, 2012 Released: July 18, 2012
By the Acting District Director, Los Angeles Office, Western 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 Spy Shop d/b/a IQ Tronics, Inc.,
SpyShopOne.com, and SpyGadgetsShop.com (collectively, Spy Shop) for
marketing to consumers in the United States unauthorized radio
frequency devices - specifically cell phone, and Global Positioning
System (GPS) and other signal jamming devices (collectively, signal
jamming devices) - in violation of Section 302(b) of the Act, and
Sections 2.803 and 15.201(b) of the Commission's rules (Rules).
2. Spy Shop 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 Shop 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 Shop
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 Shop claims that it is the "leading distributor of video
surveillance, counter-surveillance and personal protection equipment,"
noting that it "has a broad and diverse range of products from leading
manufacturers." On July 8, 2011, in response to a complaint, an agent
from the Enforcement Bureau's Los Angeles Office (Los Angeles Office)
visited the Spy Shop retail store located at 4499 Van Nuys
Boulevard, Sherman Oaks, California. The agent observed that Spy
Shop had two jamming devices on display. The first was a handheld
device approximately the size of a package of cigarettes, with three
external antennas attached to it. The device had no model number but
was listed as having multi-band (Cellular, Global System for Mobile
Communications (GSM), Personal Communications Service (PCS) and Long
Term Evolution (LTE)) jamming capability with an effective jamming
radius of 20 meters. It was offered for sale at $299.00. The other
device on display was listed as a GPS jammer and was in the shape of a
car cigarette lighter with an external antenna attached. It also had
an effective jamming radius of 20 meters and was offered for sale at
$99.00. The agent also observed a Spy Shop salesman demonstrating
the signal jammers to customers in the store. The Spy Shop salesman
offered to sell the agent signal jamming devices and also informed the
agent that other models of cell phone and GPS jammers were available
from the retail store.
4. The Los Angeles Office agent later visited Spy Shop's online store,
www.SpyShopOne.com, and observed that Spy Shop has marketed via the
Internet within the past several months cell and GPS jamming devices
to consumers in the United States. Specifically, the agent observed
Spy Shop marketing various models of signal jamming devices including
the two described above - i.e., a "GPS Jammer," "Small GPS Jammer" and
"IQP1020, Portable Cellular Phone Jammer." The devices marketed were
small and portable, and were offered for sale for prices ranging from
$99.99 to $279.99.
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, 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 Shop cannot comply with
the FCC's technical standards and therefore cannot be marketed
lawfully in the United States.
9. Spy Shop has illegally marketed and continues to market signal jammers
to consumers in the U.S. and its territories. As detailed above, on
July 8, 2011, a Spy Shop salesman offered for sale signal jamming
devices to agents from the Los Angeles Office in its retail store
located at 4499 Van Nuys Boulevard, Sherman Oaks, California. As
recently as July 12, 2012, Spy Shop also has offered for sale signal
jamming devices through its online store. In fact, the devices
marketed were expressly identified as jammers, and the product
information and specifications variously touted the devices as
"small," "portable," and "easy to conceal." SpyShopOne.com also
includes "Jammers" as a quick link on its navigation menu-presumably
to more prominently display those products and make them easier for
consumers to locate. In addition, we observed no statements or notices
on the website indicating that Spy Shop, a U.S.-based retailer, would
refuse to sell its signal jamming devices 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, it is clear that these devices were offered for sale to
consumers in the United States. Spy Shop offers its website customers
ground shipping in the United States as well as free store pickup at
its Sherman Oaks location during regular business hours.
10. Accordingly, we find that Spy Shop 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
Shop for violating the Rules and the Communications Act as discussed
above. Spy Shop should take immediate steps to ensure that it does not
continue to market these signal jamming devices or other signal
jamming devices. This may include actions such as removing illegal
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
11. If, after receipt of this Citation, Spy Shop 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 of 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.
12. In addition to providing the required information described in
paragraph 16 below, Spy Shop 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 Shop to ensure that it does not violate the
Communications Act or the Commission's rules governing the marketing
of signal jamming devices and other radio frequency devices in the
future. Please reference file number EB-11-LA-0113 when corresponding
with the Commission.
13. 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
14. The closest FCC Office is the Los Angeles District Office in Cerritos,
California. Spy Shop may contact Paul Oei by telephone, 562-860-7474,
to schedule a personal interview, which must take place within thirty
(30) calendar days after the release date of this Citation. Spy Shop
also should send any written statement within thirty (30) calendar
days after the release date of this Citation to:
Paul Oei
Federal Communications Commission
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
Re: EB-11-LA-0113
15. 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)
business 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
16. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,
Spy Shop is directed to provide the information requested in
non-public Appendix A attached hereto within thirty (30) calendar days
after the release date of this Citation. The request for information
concerns Spy Shop's signal jamming suppliers and sales as well as the
disposition of its signal jamming device inventory. A failure to
respond, or an inadequate, incomplete, or misleading response, may
subject Spy Shop to additional sanctions.
VII. ORDERING CLAUSES
17. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Spy Shop must provide the information requested in
paragraph 15 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.
18. 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 Spy Shop at 4499 Van Nuys Blvd., Sherman Oaks, California
91403.
FEDERAL COMMUNICATIONS COMMISSION
Paul Oei
Acting District Director
Los Angeles Office
Western 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, 15.201(b).
47 U.S.C. S:S: 154(i) - (j), 403.
See http://spyshopone.com/about-us-i-2.html (last visited July 12, 2012)
(listing location in Sherman Oaks, California).
We warn Spy Shop that it is a violation of federal law to use a cell or
GPS jammer or any other type of device that blocks, jams or interferes
with authorized communications, as well as to import, advertise, sell, or
ship such a device. See 47 U.S.C. S: 333 (prohibiting willful or
malicious interference with the radio communications of any station
licensed or authorized under the Communications Act or operated by the
United States Government); 47 U.S.C. S: 301 (requiring persons operating
or using radio transmitters to be licensed or authorized under the
Communications Act and the Commission's rules).
See http://spyshopone.com/spy-gadgets-more-jammers-c-25_56.html (last
visited July 12, 2012).
See http://spyshopone.com/gps-jammer-p-297.html (last visited July 12,
2012) (claiming that the main function of the device is as a "GPS
Frequency Jammer" that works in the "1500-1600 MHz" band).
See http://spyshopone.com/small-gps-jammer-p-431.html (last visited July
12, 2012) (specifying the frequency as "GPS L1 System (1450-1600 MHz).
See http://spyshopone.com/iqp1020-p-550.html (last visited July 12, 2012)
(noting a "range up to 10 ft").
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 supra notes 8-10.
See SpyShopOne.com Terms and conditions, noting that "Most orders are
shipped via UPS Ground service," available at
http://spyshopone.com/terms-and-conditions-i-1.html. We note that UPS only
offers "UPS Ground" service within the United States and its territories.
See
http://www.ups.com/content/us/en/shipping/time/service/ground.html?srch_pos=2&srch_phr=ups+ground
(stating the service area as "all 50 states and Puerto Rico").
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 (see 47 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 12-1147
Federal Communications Commission DA 12-1147