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                                   Before the

   Federal Communications Commission

                              Washington, DC 20554


                                       )                                 
                                                                         
     In the Matter of                  )                                 
                                                                         
     James Christopher Garcia          )                                 
                                           File No.: EB-SED-12-00004450  
     Craigslist PostingID 3025710417   )                                 
                                                                         
     Washington, DC Craigslist         )                                 
                                                                         
                                       )                                 


                               CITATION AND ORDER

            ILLEGAL MARKETING AND OPERATION OF SIGNAL JAMMING DEVICE

   Adopted: October 5, 2012 Released: October 5, 2012

   By the Chief, 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 James Christopher Garcia (Mr. Garcia or
       "you") for marketing an illegal signal jamming device (jamming device
       or jammer) by posting a classified advertisement for the device on
       Craigslist.org and selling such device to an undercover Enforcement
       Bureau (Bureau) agent in violation of Section 302(b) of the
       Communications Act and Sections 2.803 and 15.201(b) of the Federal
       Communications Commission (Commission or FCC) rules (Rules). The
       Citation also finds that Mr. Garcia operated an illegal jamming device
       in violation of Sections 301, 302, and 333 of the Communications Act.

    2. Jamming devices, such as cell phone jammers and GPS blockers, pose
       serious risks to critical public safety communications and can prevent
       individuals from making 9-1-1 and other emergency calls. Jammers can
       also interfere with law enforcement communications.  You should take
       immediate steps to come into compliance and to avoid any recurrence of
       this misconduct. For example, any operation of a signal jammer must
       cease immediately, and you are strongly encouraged to voluntarily
       relinquish any jamming device(s) remaining in your possession. You
       also may not advertise jamming devices for sale to any consumer in the
       United States through Craigslist or through any other means.

    3. We emphasize that the mere posting of a jamming device for sale on
       Craigslist or any other online site or bulletin board targeting U.S.
       consumers contravenes federal law. Consistent with this federal
       prohibition, Craigslist expressly bars the sale and advertisement of
       signal jamming devices on its site. Therefore, you have not only
       violated federal law, but also contravened the contractual agreement
       that governs your use of Craigslist. We will forward a copy of this
       Citation to Craigslist for any action it may find appropriate under
       the Craigslist Terms of Use.

    4. As explained below and as provided in the Communications Act, future
       violations of the Rules in this regard may subject you 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 you to:

     * confirm within fifteen (15) calendar days after the release date of
       this Citation that you have ceased marketing (e.g., advertising,
       selling) and operating any jamming device;

     * provide information concerning the source(s) from which you purchased
       or received the jamming device you advertised and sold on Craigslist
       as well as any other jamming devices you may have, or previously may
       have had, in your possession; and

     * provide information concerning any jammer sales that you may have
       made.

   II. background

    5. On May 21, 2012, the Spectrum Enforcement Division of the Bureau,
       through its market surveillance efforts, observed an advertisement for
       a jamming device on Craigslist. The advertisement was titled "Handheld
       Signal Jammer - $249 (Shirlington)" and read:

   "New Handheld Signal Jammer for all Nationwide Networks. Can be used
   anyplace where mobile cellular phones and GPS are prohibited. Please email
   me if you wish to purchase it. Payment via money order or cash."

    6. On the same day, Bureau staff responded to the Craigslist posting via
       email and inquired about the jamming device. Mr. Garcia replied to
       this email inquiry, confirmed that he was offering the signal jammer
       for sale, and explained that the jammer effectively jams wireless
       communications within a radius of 25-30 feet. On May 24, 2012, an
       undercover Bureau agent, with the support of local law enforcement,
       made contact with Mr. Garcia at a predetermined location. Mr. Garcia
       presented the signal jamming device to the undercover Bureau agent
       after assembling the antennas and powering on the device. Mr. Garcia
       urged the agent to verify that it was in good condition and then
       accepted payment. The undercover Bureau agent then revealed his
       identity and notified Mr. Garcia that it is illegal to advertise,
       sell, or operate a signal jamming device in the United States. Mr.
       Garcia was further questioned by the law enforcement officers and
       voluntarily surrendered the signal jamming device to the undercover
       Bureau agent.

   III. applicable law and violations

          A. Marketing and operation of jammers prohibited by federal law

    7. Federal law prohibits the advertising, sale, and operation of jamming
       devices in the United States and its territories. Section 301 of the
       Communications Act prohibits the use or operation of "any apparatus
       for the transmission of energy or communications or signals by radio"
       within the United States unless such use is licensed or authorized.
       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."

    8. 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.

    9. Pursuant to Section 15.201(b) of the Rules, intentional radiators like
       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."

   10. Jamming devices, however, cannot be certified or authorized because
       their primary purpose is to block or interfere with authorized radio
       communications. Thus, jamming devices such as the one offered on
       Craigslist by Mr. Garcia cannot comply with the FCC's technical
       standards and therefore cannot be marketed lawfully in the United
       States or its territories.

     A. Illegal signal jammer advertisement and sale on Craigslist

   11. The evidence indicates that Mr. Garcia was illegally marketing a
       jamming device to consumers in the United States. As noted above,
       beginning on May 21, 2012, Mr. Garcia advertised a jamming device on
       Craigslist. Craigslist is a classified advertisements website,
       generally involving an online listing for a product or service
       followed by an email or telephone exchange and an in-person meeting
       between the buyer and seller. Craigslist users are prohibited from
       posting advertisements to multiple geographic areas. Consistent with
       this policy, Mr. Garcia posted his jammer advertisement on one of more
       than 300 local sites on Craigslist-the Washington, DC site, available
       at http://washingtondc.craigslist.org. This illegal online offer for
       sale was repeated in email correspondence with Bureau staff, where Mr.
       Garcia confirmed that he was still marketing the jammer. Mr. Garcia
       also completed a sale of the illegal jammer to an undercover agent,
       negotiating terms of sale and subsequently requesting and accepting
       payment for the device.

   12. We note that both the Craigslist Terms of Use and the Craigslist
       Prohibited Items List prohibit the sale and advertisement of cell
       phone jammers, GPS blockers, and other signal jamming devices. The
       Craigslist Terms of Use states: "Content prohibited from Craigslist
       includes but is not limited to: . . . content in facilitation of the
       creation, advertising, distribution, provision or receipt of illegal
       goods or services." The Craigslist Prohibited Items List then applies
       this policy directly to signal jamming devices, noting that "[i]llegal
       telecommunications equipment, including . . . signal jamming devices,"
       is "not permitted on craigslist."

   13. Accordingly, we find that Mr. Garcia has repeatedly 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 a radio frequency device
       that is not eligible for certification. We therefore issue this
       Citation to Mr. Garcia for violating the Communications Act and the
       Rules as discussed above. Jamming devices pose significant risks to
       public safety and potentially compromise other radio communications
       services. Mr. Garcia should take immediate steps to ensure that he
       does not continue to market jamming devices in the United States or
       its territories, including on Craigslist.

     A. Unlicensed Operation of Jamming Device

   14. Mr. Garcia also operated the jamming device at issue in the Craigslist
       posting in the presence of the undercover field agent. As detailed
       above, the operation of a jammer by an individual consumer, even on
       private property, is per se unlawful. This means that it is illegal to
       use a jammer on mass transit (e.g., train, bus) or in a residence,
       vehicle, school, theater, restaurant or in any other public or private
       place. We therefore find that Mr. Garcia has illegally operated a
       jamming device in violation of Sections 301, 302(b), and 333 of the
       Communications Act.

   15. We are increasingly concerned that individual consumers who operate
       jamming devices do not appear to understand the potentially grave
       consequences of using a jammer. Instead, these operators incorrectly
       assume that their illegal operation is justified by personal
       convenience or should otherwise be excused. While we previously have
       issued warnings to such operators in the first instance-primarily
       because non-monetary penalties historically have proven effective in
       deterring unlawful operation by individuals-we are not required to do
       so. We are mindful of the serious risks posed by jamming devices and
       the apparent need to provide greater incentives for individual
       operators to cease the operation, importation, and sale of jamming
       devices altogether.  Therefore, we caution you and other potential
       violators that going forward, and as circumstances warrant, we intend
       to impose substantial monetary penalties, rather than (or in addition
       to) warnings, on individuals who operate a jammer. Furthermore, the
       issuance of the instant Citation does not preclude the Commission from
       taking additional enforcement action in this case.

   16. We again emphasize that if any jamming device remains within your
       possession or control, you are strongly urged to contact the Bureau to
       arrange to voluntarily relinquish the jammer. Except for the very
       limited context of authorized, official use by the federal government,
       jamming devices have no legal use in the United States. The Bureau's
       contact information is provided in paragraph 20 below.

   IV. FUTURE COMPLIANCE

   17. If after receipt of this Citation, Mr. Garcia violates the
       Communications Act or the Rules by marketing or operating an
       unauthorized radio frequency device 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 jammer sold and/or for each day on which a signal jammer is
       advertised or otherwise offered for sale. 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.

   18. In addition to providing the required information described in
       paragraph 22 below, you may respond to this Citation either through
       (1) a personal interview at the closest FCC office, which must take
       place within thirty (30) calendar days of the release date of this
       Citation, or (2) submission of a written statement, within fifteen
       (15) calendar days after the release date of this Citation. Any
       written statement should specify the actions you have taken to ensure
       that you do not violate the Communications Act or the Rules governing
       the marketing or operation of jamming devices in the future. Please
       reference file number EB-SED-12-00004450 when corresponding with the
       Commission.

   19. Under the Privacy Act of 1974, any statement or information you
       provide may be used by the Commission to determine if further
       enforcement action is required. Section 1.17 of the Rules also
       requires that you provide truthful and accurate statements to the
       Commission. Any knowingly or willfully false statement, or concealment
       of any material fact, made in reply to this Citation is punishable by
       fine or imprisonment.

   V. CONTACT INFORMATION

   20. The closest FCC office is the Washington, DC office. You may contact
       the Spectrum Enforcement Division by telephone, 202-418-1160, to
       schedule an interview, which must take place within thirty (30)
       calendar days after the release date of this Citation. You should send
       any written statement within fifteen (15) calendar days after the
       release date of this Citation to:

   John D. Poutasse

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Federal Communications Commission

   445 12th Street, SW, Rm. 3-C366

   Washington, DC 20554

   Re: EB File No.: EB-SED-12-00004450

   21. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation needed,
       including as much detail as possible. 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. Requests may be submitted by
       email to fcc504@fcc.gov or by phone to the Commission's 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

   22. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,
       you are directed to provide the information requested in non-public
       Appendix C hereto within fifteen (15) calendar days after the release
       date of this Citation. The Request for Information concerns your
       jamming device supplier(s) and sale(s) as well as the disposition of
       any jamming devices in your possession. Failure to respond to the
       Request for Information, or an inadequate, incomplete, or misleading
       response, may subject you to additional sanctions.

   VII. ORDERING CLAUSES

   23. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
       Communications Act, James Christopher Garcia must provide the
       information requested in paragraphs 4 and 22, as well as the
       non-public Appendix C 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 fifteen (15) calendar
       days after the release date of this Citation and Order.

   24. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
       sent by email and by First Class U.S. Mail and Certified Mail, return
       receipt requested, to James Christopher Garcia at his addresses of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

                                   APPENDIX A

                   Illegal Jammer Advertisement on Craigslist

                                   APPENDIX B

                        Craigslist Prohibited Items List

   47 U.S.C. S: 503(b)(5).

   See http://washingtondc.craigslist.org/nva/mob/3025710417.html dated May
   19, 2012 (last visited May 21, 2012). Craigslist.org (Craigslist) is a
   website with classified ads and forums devoted to jobs, housing,
   personals, goods, services, and local activities. See
   http://www.craigslist.org/about/factsheet (last visited Oct. 4, 2012).

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

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

   47 U.S.C. S:S: 301, 302, 333; see also 47 C.F.R. S: 15.1(c).

   See http://www.craigslist.org/about/prohibited.items (last visited July
   30, 2012).

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

   See http://washingtondc.craigslist.org/nva/mob/3025710417.html dated May
   19, 2012 (last visited May 21, 2012). A copy of the illegal advertisement
   is attached hereto as Appendix A.

   Id.

   Email to James Garcia (May 21, 2012, 18:02:00 EST) (on file in
   EB-SED-12-00004450).

   Email from James Garcia (May 21, 2012, 18:03:00 EST) (on file in
   EB-SED-12-00004450) (Garcia Email Reply).

   47 U.S.C. S: 301.

   Id. S: 333.

   Id. S: 302a(b).

   47 C.F.R. S:S: 2.803, 15.201, 15.3(o).

   Id. S: 2.803(a)(1) (emphasis added).

   Id. S: 2.803(g) (emphasis added).

   Id. S: 15.201(b).

   An "intentional radiator" is a "device that intentionally generates and
   emits radio frequency energy by radiation or induction." Id. S: 15.3(o).

   Id. S: 2.803(e)(4).

   In very limited circumstances and consistent with applicable procurement
   requirements, individuals and/or entities may market jamming devices to
   the U.S. federal government for authorized, official use. See 47 U.S.C. S:
   302a(c); 47 C.F.R. S: 2.807(d).

   See Garcia Email Reply (on file in EB-SED-12-00004450).

   See Craigslist Terms of Use, Section 4a, Postings,
   http://www.craigslist.org/about/terms.of.use (last visited July 31, 2012)
   (noting that "craigslist is intended and designed as a local service.").
   Craigslist permits an individual to post free classified advertisements
   for goods and services, and through its anonymize email feature,
   facilitates communications between the seller and the potential buyer. See
   http://www.craigslist.org/about/anonymize (last visited August 9, 2012)
   (stating that if a seller selects the anonymize feature, the posting will
   display a Craigslist email address and that Craigslist will relay any
   messages sent to that address to the seller's email address).

   See Craigslist Terms of Use, Section 4a, Postings,
   http://www.craigslist.org/about/terms.of.use (last visited July 31, 2012)
   (noting also that "a user may post content only to the single specific
   geographic area offered on craigslist (see
   http://www.craigslist.org/about/sites) for which that content is most
   relevant" and that "[t]he same or substantially similar content (for
   example, an ad for a particular item or service, a particular offer, a
   particular message or a particular comment) may not be posted to or
   communicated via more than one such geographic area. Content that is
   equally relevant to multiple (i.e., more than one) geographic areas should
   not be posted on craigslist.").

   See Garcia Email Reply (on file in EB-SED-12-00004450).

   See Craigslist Terms of Use, Section 3a, Content, available at
   http://www.craigslist.org/about/terms.of.use (last visited September 13,
   2012).

   See http://washingtondc.craigslist.org/about/prohibited.items (emphasis
   added) (last visited Septemeber 13, 2012), attached hereto as Appendix B.

   The illegal use of a signal jamming device within the United States may be
   reported to the FCC at http://www.fcc.gov.complaints. For Frequently Asked
   Questions and other information regarding the illegal marketing or use of
   cell phone jammers, GPS blockers, and other signal jamming devices, please
   consult the FCC's jammer enforcement webpage at
   http://www.fcc.gov/jammers.

   See 47 U.S.C. S: 503; 47 C.F.R. S: 1.80(b)(3). These amounts are subject
   to further adjustment for inflation 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 C.F.R. S: 1.80(b)(5).

   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 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.").

   See 18 U.S.C. S: 1001 et seq.

   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 (2002) ($100,000 forfeiture for refusing
   to attest to truthfulness and accuracy of responses to a Bureau letter of
   inquiry); 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 a
   Bureau letter of inquiry); BigZoo.Com Corporation, Order of Forfeiture, 20
   FCC Rcd 3954 (Enf. Bur. 2005) ($20,000 forfeiture for failure to respond
   to an LOI); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065
   (Enf. Bur. 2003) ($4,000 forfeiture for failure to respond to a Bureau
   letter of inquiry).

   Federal Communications Commission DA 12-1592

                                       4

   Federal Communications Commission DA 12-1592