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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of CAM Electronics Distributing, Inc. Elmsford, New York ) )
   ) ) ) File No.: EB-FIELDNER-14-00013770 Citation No.: C201432380001




                                    CITATION

                ILLEGAL PROGRAMMING OF UNAUTHORIZED FREQUENCIES

   Adopted: April 10, 2014 Released: April 10, 2014

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. This is an official CITATION  issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended (Communications Act or
       Act),^ to CAM Electronics Distributing, Inc. (CAM). Specifically, CAM
       is being cited for programming into a transmitter frequencies for
       which the operator of the transmitter was not authorized, in violation
       of Section 90.427(b) of the Commission's rules (Rules).^

    2. Notice of Duty to Comply With Laws.  CAM  should take immediate steps
       to avoid any recurrence of the misconduct described herein. CAM is
       hereby on notice that if it subsequently engages in any conduct of the
       type described in this Citation, including any violation of Section
       90.427(b) of the Rules, it may be subject to civil 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.^

   II. background

    3. On January 28, 2014, agents from the Enforcement Bureau's New York
       Office (New York Office) conducted an investigation and observed
       Private Land Mobile Station WPZV506 transmitting on 455.500 MHz from
       the 30^th Street Men's Shelter at 400 E 30th Street, New York, New
       York. The license for Station WPZV506 does not authorize operation on
       455.500 MHz. A representative from FJC Security Corporation, the
       licensee of Station WPZV506, informed the agents that its radio
       vendor, CAM, had programmed the frequency into its radio transmitters.
       In a telephone conversation on January 29, 2014, and in an e-mail on
       February 20, 2014, a CAM representative acknowledged that CAM had
       programmed the radio transmitting equipment that FJC Security
       Corporation was using at the 30^th Street Men's Shelter on January 28,
       2014.

   III. applicable law and violations

    4. Section 90.427(b) of the Rules states that "[e]xcept for frequencies
       used in accordance with S 90.417, no person shall program into a
       transmitter frequencies for which the licensee using the transmitter
       is not authorized." On January 28, 2014, agents in the New York Office
       determined that FJC Security Corporation was operating Private Land
       Mobile Station WPZV506 on an unauthorized frequency, which was
       programmed into radio transmitters by CAM. By programming FJC Security
       Corporation's radio transmitters with an unauthorized frequency, CAM
       violated Section 90.427(b) of the Rules.

   IV. RESPONDING TO THIS CITATION

    5. CAM 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.

    6. If you would like to arrange a teleconference or personal interview,
       please contact Stephen Maguire at (212) 337-0622. The nearest
       Commission Field Office is located in New York, New York. Such
       teleconference or interview must take place within thirty calendar
       (30) 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 7, below.

    7. All written communications should be provided to the address below.

   Stephen Maguire

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

   Re: EB-FIELDNER-14-00013770

    8. 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).

    9. Please be advised that it is a violation of Section 1.17 of the 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.^

   10. 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.

   11. If you violate Section 1.17 of the 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.^

   12. 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 Rules.

   V. FUTURE VIOLATIONS

   13. If, after receipt of this Citation, CAM again violates Section
       90.427(b) 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 $122,500 for any single act or failure to act.^ 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

   14.  IT  IS FURTHER ORDERED  that a copy of this Citation shall be sent
   both by First Class U.S. Mail and Certified Mail to CAM at 250 Clearbrook
   Road, Elmsford, New York 10523.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen Maguire

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

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

   ^ 47 C.F.R. S 76.1804.

   ^ 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 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 14-486

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   Federal Communications Commission DA 14-486