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                                   Before the

   Federal Communications Commission

                              Washington, DC 20554


                                           )                                 
                                                                             
                                           )                                 
     In the Matter of                                                        
                                           )                                 
     John A. Bering                                                          
                                           )                                 
     Craigslist PostingIDs 3048376093,         File No.: EB-SED-12-00004463  
     3118792895, 3249078140, 3152276537,   )                                 
     3151207916                                                              
                                           )                                 
     Cincinnati Craigslist (Ohio)                                            
                                           )                                 
                                                                             
                                           )                                 


                               CITATION AND ORDER

            ILLEGAL MARKETING AND OPERATION OF SIGNAL JAMMING DEVICE

   Adopted: October 15, 2012 Released: October 15, 2012

   By the Chief, Spectrum Enforcement Division, 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 John A. Bering (Mr. Bering or "you") for
       marketing illegal signal jamming devices (jamming device or jammer) by
       repeatedly posting classified advertisements for the devices on
       Craigslist.org in willful and repeated 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. Bering 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 the signal jammer must
       cease immediately, and you are strongly encouraged to voluntarily
       relinquish the illegal jamming devices. 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 and operating any jamming
       device;

     * provide information concerning the source(s) from which you purchased
       or received the jamming devices you advertised 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 various dates between June and September 2012, the Spectrum
       Enforcement Division of the Enforcement Bureau (Bureau) through its
       market surveillance efforts observed advertisements for jamming
       devices on Craigslist. One of the advertisements was titled "Cell
       phone jammers - $75 (Colerain)" and read:

   great for the movies don't be botherd again with a cell phone lite in your
   eyes from someone in front of you when you want to watch the movies will
   trade or sell it is new works great have two want to sell or trade one
   most put Jammer in the subject line for a answer back [sic].

    6. Bureau staff subsequently responded to the Craigslist posting via
       email and inquired about the jamming devices. Mr. Bering replied to
       this email inquiry, confirming that a jammer was for sale. In
       addition, in a further email, Mr. Bering noted the effective
       operational range of the jamming device, based on his experience
       operating the device.

   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 those offered on
       Craigslist by Mr. Bering 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 on Craigslist

   11. The evidence indicates that Mr. Bering was illegally marketing jamming
       devices to consumers in the United States. As noted above, beginning
       on June 6, 2012, Mr. Bering advertised cell phone jammers on
       Craigslist. In fact, the Bureau's investigation revealed that Mr.
       Bering is a frequent poster of jamming devices on Craigslist, posting
       no less than five different jammer advertisements over the last few
       months and as recently as September 8, 2012. 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. Bering
       posted his jammer advertisements on one of more than 300 local sites
       on Craigslist-the Cincinnati, Ohio site, available at
       http://cincinnati.craigslist.org. These illegal online offers for sale
       were repeated in email correspondence with Bureau staff, where Mr.
       Bering confirmed that he was still marketing the jammers.

   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. Bering has willfully and 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 radio
       frequency devices that are not eligible for certification. We
       therefore issue this Citation to Mr. Bering 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. Bering 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. Unlawful operation of signal jamming device

   14. Mr. Bering also admitted to operating one of the jamming devices at
       issue in the Craigslist posting. 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 for a consumer 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. Bering has illegally operated a jamming device
       in violation of Sections 301, 302(b), and 333 of the Communications
       Act. Operation of this device or any other jamming device must cease
       immediately.

   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. For example, many of Mr.
       Bering's advertisements tout the use of a jammer in a movie theater.
       The advertisements do not, however, mention the risk associated with
       using a jammer in such a public place, leaving patrons unable to call
       for help in case of an emergency. 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 devices remain within your
       possession or control, you are strongly urged to contact the Bureau to
       arrange to voluntarily relinquish the jammers. 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. Bering 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
       operated, advertised, or otherwise offered for sale. Violations of the
       Communications Act or the Rules can also 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-12-00004463 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 Chicago, Illinois 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-12-00004463

   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 the
       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 of 1934, as amended, John Bering 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, First Class U.S. Mail, and Certified Mail to his
       addresses of record.

   FEDERAL COMMUNICATIONS COMMISSION

   John D. Poutasse

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   APPENDIX A

                  Illegal Jammer Advertisements on Craigslist

                                   APPENDIX B

                        Craigslist Prohibited Items List

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

   See http://cincinnati.craigslist.org/ele/3048376093.html dated June 6,
   2012 (last visited Sept. 10, 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 Craigslist Terms of Use, http://www.craigslist.org/about/terms.of.use
   (last visited July 31, 2012).

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

   See, e.g., http://cincinnati.craigslist.org/ele/3048376093.html dated May
   31, 2012 (last visited Sept. 10, 2012). The record indicates that similar
   advertisements were posted on multiple dates, including July 20, July 24,
   August 18, and September 8, 2012. Samples of the illegal advertisements
   are attached hereto as Appendix A.

   Id.

   Email to John Bering (July 24, 2012, 12:16:00 EST) (on file in
   EB-SED-12-00004463).

   Email from John Bering (July 24, 2012, 12:17:00 EST) (on file in
   EB-SED-12-00004463) (Bering Email First Reply).

   Email from John Bering (July 24, 2012, 18:44:00 EST) (on file in
   EB-SED-12-00004463) (Bering Email Second 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 Appendix A.

   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 Aug. 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 Bering Email First Reply and Bering Email Second Reply (on file in
   EB-SED-12-00004463).

   See Craigslist Terms of Use, Section 3a, Content,
   http://www.craigslist.org/about/terms.of.use (last visited July 31, 2012).

   See http://www.craigslist.org/about/prohibited.items (emphasis added)
   (last visited July 30, 2012), attached hereto as Appendix B.

   See supra text accompanying note 12. (Specifically, Mr. Bering stated that
   he operated a jamming device at his house and found that its effective
   range was up to 80 feet.)

   See 47 C.F.R. S: 15.5(c).

   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 12-1593

                                       5

   Federal Communications Commission DA 12-1593