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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of FCCFrequency d/b/a Fundacion Cristiana De Comunicaciones;
   www.fccfrequency.com Panorama City, CA ) ) ) ) ) ) ) File No.:
   EB-FIELDWR-13-00010921 Citation No.: C201332900001




                               CITATION AND ORDER

           Illegal Marketing of Unauthorized Radio Frequency Devices

   Adopted: September 24, 2013 Released: September 25, 2013

   By the 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 or Act),^ to FCCFrequency d/b/a Fundacion
       Cristiana De Comunicaciones and www.fccfrequency.com (FCCFrequency).
       Specifically, FCCFrequency is being cited for the marketing of
       unauthorized radio frequency devices in violation of Section 302(b) of
       the Act,^ and Sections 2.803 and 73.1660(a) of the Commission's rules
       (Rules).^

    2. Notice of Duty to Comply With Laws: FCCFrequency should take immediate
       steps to come into compliance, discontinue the marketing of
       unauthorized radio frequency devices, and avoid any recurrence of the
       misconduct described herein. FCCFrequency is hereby on notice that if
       it subsequently engages in any conduct of the type described in this
       Citation, including any violation of Section 302(b) of the Act or
       Sections 2.803 or 73.1660(a) of the Rules, it may be subject to civil
       and criminal penalties, including but not limited to substantial
       monetary fines (forfeitures) and seizure of equipment. Such
       forfeitures may be based on both the conduct that led to this Citation
       and the conduct following it.^

    3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
       the Communications Act,^ we also direct FCCFrequency to respond in
       writing, within thirty (30) calendar days after the release date of
       this Citation, and signed under penalty of perjury, with descriptions
       of the specific action(s) taken or plans to cease the marketing of
       unauthorized radio devices and preclude recurrence of the violations,
       and also a timeline for completion of any correction action(s).

   II. background

    4. The Enforcement Bureau's Los Angeles Office (Los Angeles Office)
       received reports that FCCFrequency offered for sale non-certified low
       power FM radio transmitters for use in low power FM (LPFM) radio
       stations. Such transmitters were also being installed by FCCFrequency
       for use by individuals and entities that had no FCC authorization to
       operate the devices. During the investigation of an unlicensed
       broadcast radio station located in Arleta, California, the operator of
       this unauthorized station (Arleta Station) informed the Los Angeles
       Offices that the low power radio transmitter in use was purchased from
       FCCFrequency.^ The operator of the Arleta Station gave the Los Angeles
       Office the contract, dated March 22, 2013, that the Arleta Station had
       entered into with FCCFrequency to purchase and install a 100 watt FM
       radio transmitter at the unauthorized station. The contract showed
       that the unlicensed operator was charged $6,023.75 for the service,
       including the purchase of the FM transmitter and other equipment. The
       transmitter is identified as a Brand Name: AAREFF; Model: 100WPLLS19P,
       manufactured in the Dominican Republic. According to Commission
       records, this device has not received an FCC grant of certification,
       which is required for LPFM broadcast transmitters.^

    5. According to its website, FCCFrequency specializes in LPFM equipment
       sales and installation,^ and encourages nonprofit organizations to
       "install your own Low Power FM Radio Station."^ The website also
       advertises that it will assist applicants in the filing of new and
       major changes for LPFM stations in the upcoming filing window.^

   III. applicable law and violations

    6. Federal law requires that radio frequency devices must be certified in
       accordance with the Commission's technical standards before they can
       be marketed in the United States.^ Section 302(b) of the 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."^

    7. The applicable implementing regulations for Section 302(b) are set
       forth in the Section 2.803.^ Specifically, Section 2.803 of the Rules
       provides, in relevant part, that:

   (a) Marketing, as used in this section, includes 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.

   (b) General rule. No person may market a radio frequency device unless:
   (1) For devices subject to authorization under certification, the device
   has been authorized in accordance with the rules in subpart J of this
   chapter and is properly identified and labeled as required by S 2.925 and
   other relevant sections in this chapter; or (2) For devices subject to
   authorization under verification or Declaration of Conformity in
   accordance with the rules in subpart J of this chapter, the device
   complies with all applicable technical, labeling, identification and
   administrative requirements; . . . .^

   Section 73.1660(a) of the Rules states that an "AM, FM, or TV transmitter
   shall be verified for compliance with the requirements of this part
   following the procedures described in part 2 of this chapter"^ and that an
   "LPFM transmitter shall be certified for compliance with the requirements
   of this part following the procedures described in part 2 of this
   chapter."^ In other words, LPFM transmitters must have FCC certification
   to be marketed for sale in the United States.

    8. The record in this case shows that, on March 22, 2013, FCCFrequency
       marketed unauthorized LPFM radio transmitters. Based on the foregoing
       evidence, we find that FCCFrequency violated Section 302(b) of the
       Communications Act and Sections 2.803 and 73.1660(a) of the Rules by
       marketing and offering for sale unauthorized radio frequency devices.^

   IV. REQUEST FOR INFORMATION

    9. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
       FCCFrequency is directed to confirm in writing that it has ceased
       selling unauthorized radio frequency devices in the United States and
       provide the information requested below within thirty (30) calendar
       days after the release date of this Citation.  A failure to respond in
       writing, or the provision of an inadequate, incomplete, or misleading
       response, may subject FCCFrequency to additional sanctions.

   i. Provide a list of all radio frequency (RF) devices marketed or
      available for sale by FCCFrequency as of September 11, 2013. For each
      device, list the manufacturer name, make and model number. For each
      model, provide a copy of any equipment certification, authorization,
      verification or declaration of conformity issued by the FCC or a
      relevant party concerning that model. Explain how each model complies
      with Section 302(b) of the Act and Section 2.803 of the Rules. Provide
      the name and address of the manufacturer, importer, and supplier of
      each piece of RF equipment listed.

   ii. Provide a list of all individuals and entities in the United States
       that have purchased RF equipment from FCCFrequency beginning January
       1, 2012. Provide contact names and addresses.

   iii. Provide copies of all contracts entered into between any individual
        or entity in the United States and FCCFrequency to sell, provide
        and/or install RF equipment beginning January 1, 2012. Indicate which
        contracts had been fulfilled, when, where, and with what model
        transmitter.

   iv. Provide copies of all marketing materials for RF equipment produced by
       FCCFrequency beginning January 1, 2102.

   v. Provide copies of all training materials, including scripts, for
      FCCFrequency staff and installers.

   vi. FCCFrequency customers have indicated to the Los Angeles Office that
       FCCFrequency personnel assured them that an FCC license was not
       necessary to operate the equipment purchased from FCCFrequency.
       Provide the information that FCCFrequency gives to its customers, or
       potential customers, concerning the need for an FCC license. Be as
       specific as possible. To the extent these statements are made orally,
       reduce them to writing.

   vii. Provide the time frame of the operation of FCCFrequency.
        Specifically, how long has FCCFrequency been marketing and selling RF
        equipment?

   V. RESPONDING TO THIS CITATION

   10. In addition to the required written information described in
       paragraphs 3 and 9, above, FCCFrequency may, if it so chooses, respond
       to this Citation--challenging the factual and legal findings
       herein--within thirty (30) calendar days from the release date of this
       Citation either through (1) a written statement, (2) a teleconference
       interview, or (3) a personal interview at the Commission Field Office
       nearest to your place of business.

   11. If you would like to arrange a teleconference or personal interview,
       please contact Charles A. Cooper at (562) 860-7474. The nearest
       Commission Field Office is located in Cerritos, California. Such
       teleconference or interview must take place within thirty (30)
       calendar days of the date of this Citation. If you would like to
       submit a written response, including any supporting documentation, you
       must send the response within thirty (30) calendar days of the date of
       this Citation to the contact and address provided in paragraph 12,
       below.

   12. All written communications, including the information requested in
       paragraphs 3 and 9, above, should be provided to the address below.

   Federal Communications Commission

   Los Angeles District Office

   18000 Studebaker Road, Suite 660

   Cerritos, California 90703

   Re: EB-FIELDWR-13-00010921

   13. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will
       need, and include 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 FCC'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).

   14. Please be advised that it is a violation of Section 1.17 of the
       Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
       of that person to make any false or misleading written or oral
       statement of fact. Specifically, no person 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.^

   15. Further, the knowing and willful making of any false statement, or the
       concealment of any material fact, in reply to this Citation is
       punishable by fine or imprisonment under 18 U.S.C. S 1001.

   16. If you violate Section 1.17 of the Commission's rules or the criminal
       statute referenced above, you may be subject to further legal action,
       including monetary fines pursuant to Section 503 of the Communications
       Act.^

   17. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
       you that the Commission's staff will use all relevant material
       information before it, including information that you disclose in your
       interview or written statement, to determine what, if any, enforcement
       action is required to ensure your compliance with the Communications
       Act and the Commission's rules.

   VI. FUTURE VIOLATIONS

   18. If, after receipt of this Citation, FCCFrequency again violates
       Section 302(b) of the Act or Sections 2.803 or 73.1660 of the Rules by
       engaging in conduct of the type described herein, the Commission may
       impose monetary forfeitures not to exceed $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.^ For instance, the Commission
       could impose separate forfeitures for each day on which an
       unauthorized RF device is sold or for each day on which a
       non-certified RF device is advertised or otherwise offered for sale.
       Further, as discussed above, such forfeitures may be based on both the
       conduct that led to the Citation and the conduct following it.^ 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.^

   VI. ORDERING CLAUSES

   19. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
       Communications Act, FCCFrequency must provide the written information
       requested in paragraphs 3 and 9, above. The response to the request
       for information must be provided in writing, signed under penalty of
       perjury by an authorized official at FCCFrequency with personal
       knowledge of the information and representations provided in the
       written response, 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 FCCFrequency at 8359 Buffalo Avenue, Panorama City, CA
       91402.

   FEDERAL COMMUNICATIONS COMMISSION

   Charles A. Cooper

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

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

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

   ^ 47 C.F.R. SS 2.803, 73.1660(a).

   ^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
   Sess. at 9 (1977) (If a person or entity that has been issued a citation
   by the Commission thereafter engages in the conduct for which the citation
   of violation was sent, the subsequent notice of apparent liability "would
   attach not only for the conduct occurring subsequently but also for the
   conduct for which the citation was originally sent") (emphasis added).

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

   ^ See Belarmino and Sonia Lara, Notice of Unlicensed Operation (Aug. 6,
   2013) (on file in EB-FIELDWR-13-00010320); see also Angel Gutierrez,
   Notice of Unlicensed Operation (Aug. 22, 2013) (on file in
   EB-FIELDWR-13-00010515).

   ^ 47 C.F.R. S 73.1660(a)(2).

   ^ See FCCFrequency Website: http://www.fccfrequency.com/ (Last visited
   Sep. 11, 2013).

   ^ See FCCFrequency Website: http://store.fccfrequency.com/ (Last visited
   Sep. 11, 2013). FCCFrequency appears to target religious groups in its
   marketing stating that it can "train you in professional Christian
   broadcasting" and that "[i]t is a real pleasure for us to present our
   service on [sic] all ministers who want to have their own low power radio
   antenna to preach and expand the kingdom of God Through the
   communication!" See supra, note 8.

   ^ See supra, note 8. See also Media Bureau Announces Availability of the
   Revised FCC Form 318 and the Filing Procedures for October 15 - October
   29, 2013 Low Power FM Filing Window, Public Notice, 28 FCC Rcd 8854 (Med.
   Bur. 2013).

   ^ See, e.g., Revision of Part 2 of the Commission's Rules Relating to the
   Marketing and Authorization of Radio Frequency Devices, Report and Order,
   12 FCC Rcd 4533 (1997).

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

   ^ 47 C.F.R. S 2.803.

   ^ 47 C.F.R. S 2.803(a)-(b).

   ^ 47 C.F.R. S 73.1660(a)(1).

   ^ 47 C.F.R. S 73.1660(a)(2).

   ^ 47 U.S.C. S 302a(b); 47 C.F.R. SS 2.803, 73.1660(a).

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

   ^ 47 C.F.R. S 1.17.

   ^ 47 U.S.C. S 503.

   ^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
   subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
   and the forfeiture amount applicable to any violation will be determined
   based on the statutory amount designated at the time of the violation.

   ^ See supra para. 2.

   ^ See 47 U.S.C. S 510.

   ^ See 47 U.S.C. SS 401, 501.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-1975

   Federal Communications Commission DA 13-1975