Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                                      
                                                                        
                                 )                                      
                                                                        
     In the Matter of            )                                      
                                     File No.: EB-FIELDNER-13-00006091  
     SECURITY-CAMERAS-CCTV.COM   )                                      
                                     Citation No.: C201332380001        
     Levittown, New York         )                                      
                                                                        
                                 )                                      
                                                                        
                                 )                                      


                               CITATION AND ORDER

           ILLEGAL MARKETING OF UNAUTHORIZED RADIO FREQUENCY DEVICES

   Adopted: January 17, 2013 Released: January 17, 2013

   By the Acting District Director, New York Office, Northeast 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 (Act),
       to SECURITY-CAMERAS-CCTV.COM (CCTV) for selling unauthorized wireless
       camera surveillance systems in the United States 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. CCTV should take immediate steps to come into compliance and to avoid
       any recurrence of this misconduct, including such actions as removing
       unauthorized wireless camera surveillance systems from CCTV's on-line
       store and declining to sell unauthorized wireless camera surveillance
       systems in the United States. As explained below and as provided in
       the Act, future violations of the Act and the Rules in this regard may
       subject CCTV to substantial monetary penalties, seizure of equipment,
       and criminal sanctions. Pursuant to Sections 4(i), 4(j), and 403 of
       the Act, we also direct CCTV to confirm within thirty (30) calendar
       days after the release date of this Citation that it has ceased to
       market unauthorized wireless camera surveillance systems and to
       provide information concerning its suppliers, distribution channels,
       and sales.

   II. background

    3. On November 29, 2011, agents from the Enforcement Bureau's Los Angeles
       Office investigated a complaint from the Federal Aviation
       Administration (FAA) concerning interference to the FAA's Terminal
       Doppler Weather Radar (TDWR) system in Las Vegas, Nevada. The agents
       traced the interference to a wireless camera surveillance system
       installed at ExtraSpace Storage in Henderson, Nevada. The agents
       inspected the 5.8 GHz wireless video transmitter and observed that it
       contained neither an FCC identification number nor the name of a
       manufacturer. The contractor who installed the system reported to the
       agents that he purchased the device from CCTV's on-line store on May
       23, 2011 and provided the agents a copy of the invoice confirming
       purchase of the device from CCTV on May 23, 2011.

   III. applicable law and violations

    4. Federal law requires that radio frequency devices be certified in
       accordance with the FCC'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." Section 2.803(a)(1) of the Commission's implementing
       regulations 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...." Section 2.803(g) of the Rules
       provides in pertinent part that "radio 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." 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."

    5. Intentional radiators, such as the transmitter component of the
       wireless camera system sold by CCTV, are generally required by Section
       15.201 of the Rules to be approved through the equipment certification
       procedures described in Sections 2.1031 - 2.1060 of the Rules prior to
       marketing within the United States. There is no evidence that the
       device sold by CCTV has received an equipment certification.

    6. Accordingly, CCTV violated Section 302(b) of the Act and Sections
       2.803(a)(1) and 15.201(b) of the Rules by selling the 5.8 GHz wireless
       video transmitter in the United States without prior Commission
       authorization. CCTV should take immediate steps to come into
       compliance and to avoid any recurrence of this misconduct, including
       such actions as removing unauthorized wireless camera surveillance
       systems from CCTV's on-line store and declining to sell unauthorized
       wireless camera surveillance systems in the United States.

   IV. FUTURE COMPLIANCE

    7. If, after receipt of this Citation, CCTV violates the Communications
       Act or the Commission's rules by 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
       wireless camera surveillance system sold and/or for each day on which
       a wireless camera surveillance system is 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.

    8. In addition to providing the required information described in
       paragraph 12,  CCTV 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 statements should specify what actions have
       been taken by CCTV to ensure that it does not violate the Commission's
       rules governing the marketing of radio frequency devices in the
       future. All responses should be addressed to Federal Communications
       Commission, New York Office, 201 Varick Street, New York, NY, 10014.
       Please reference file number EB-FIELDNER-12-00002960 when
       corresponding with the Commission.

    9. 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

   10. The closest FCC Office is the New York Office in New York, New York.
       You may contact the New York Office by telephone, (212) 337-1865, to
       schedule a personal interview, which must take place within thirty
       (30) calendar days after the release date of this Citation.

   11. 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) 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

   12. Pursuant to Sections 4(i), 4(j), and 403 of the Act,  CCTV is directed
       to provide the following 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 CCTV's
       sale of unauthorized wireless camera surveillance systems as well as
       the disposition of its inventory of unauthorized wireless camera
       surveillance systems.  A failure to respond, or an inadequate,
       incomplete, or misleading response, may subject CCTV to additional
       sanctions.

   VII. ORDERING CLAUSES

   13. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
       Communications Act, SECURITY-CAMERAS-CCTV.COM must provide the
       information requested in paragraph 12 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.

   14. IT IS 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 SECURITY-CAMERAS-CCTV.COM, 94 Gardiners Avenue, # 164,
       Levittown, New York 11756.

   FEDERAL COMMUNICATIONS COMMISSION

   Gary Barker

   Acting District Director

   New York Office

   Northeast Region

   Enforcement Bureau

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

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

   47 C.F.R. S: 2.803(a)(1) and 15.201(b).

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

   See ExtraSpace Storage, Notice of Unlicensed Operation, Document Number
   W201232900003 (Enf. Bur., Los Angeles Field Office, Dec. 20, 2011).

   Invoice on file in EB-FIELDNER-12-00002960 (identifying device with SKU
   number 58T2).

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

   47 C.F.R. S: 2.803(a)(1).

   47 C.F.R. S: 2.803(g).

   47 C.F.R. S: 2.803(e)(4).

   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).

   See 47 C.F.R. S: 15.201.

   A certification is an equipment authorization issued by the Commission,
   based on representations and test data submitted by the applicant. See 47
   C.F.R. S: 2.907(a).

   47 C.F.R. S:S: 2.1031 - 2.1060.

   See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
   subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
   the forfeiture amount applicable to any violation will be determined based
   on the statutory amount designated at the time of the violation.

   47 U.S.C. S: 510.

   47 U.S.C. 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 13-52

                                       5

   Federal Communications Commission DA 13-52