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Federal Communications Commission DA 16-295
1
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
The Supply Room, Inc.
Oxford, Alabama
)
)
)
)
)
)
)
File No.: EB-FIELDSCR-12-00002402
NAL/Acct. No.: 201232480005
FRN: 0022599070
ORDER
Adopted: March 29, 2016 Released: March 29, 2016
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has
entered into a Consent Decree to resolve its investigation into The Supply Room, Inc.’s (The Supply
Room) operation of a cellular phone jamming device in its Oxford, Alabama warehouse in 2013. Signal
jamming devices overpower, jam, or interfere with authorized wireless communications. In order to
protect the public and preserve unfettered access to emergency and other communications services, the
Communications Act and Commission regulations broadly prohibit the importation, use, marketing,
manufacture, and sale of jamming devices.
2. In its response to the Commission’s Notice of Apparent Liability for Forfeiture (NAL),
1
The Supply Room provided the Bureau with a sworn affidavit from the company’s Information
Technology Manager providing detailed information about its use of the jamming device at issue.
2
Specifically, The Supply Room admitted to purchasing five jammers and mounting four of them for
operation in the company’s warehouse, but explained that the jammers were used for seven months (not
two years, as stated in the NAL) and that, at the time of the FCC’s agent’s inspection in April 2012, only
one of the jammers was in use.
3
The Supply Room immediately surrendered the devices and is a small
company that had not previously violated any communications laws. To settle this matter, The Supply
Room admits that it violated the laws and regulations that prohibit the use of signal jamming devices, will
comply with these rules in the future, and will pay $20,500 in civil penalties.
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and resolving the NAL
against The Supply Room regarding its use of a signal jamming device as prohibited by the
Communications Act of 1934, as amended, (Act)
4
and the Commission’s rules (Rules).
5
1
The Supply Room, Inc., Notice of Apparent Liability for Forfeiture and Order, 28 FCC Rcd 4981 (2013).
2
See Affidavit of Mr. Tim Barton, IT Manager, The Supply Room, Inc. (May 22, 2014).
3
Id. at 1.
4
47 U.S.C. § 301, 302a(b), 333.
5
47 C.F.R. § 2.805, 15.1(c).
Federal Communications Commission DA 16-295
2
4. In the absence of material new evidence relating to this matter, we do not set for hearing
the question of The Supply Room’s basic qualifications to hold or obtain any Commission license or
authorization.
6
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), and 503(b) of the Act
7
and the authority delegated by Sections 0.111 and 0.311 of the Rules,
8
the attached Consent Decree IS
ADOPTED and its terms incorporated by reference.
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED and
the NAL IS CANCELED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested, to Mr. Arthur U. Hathorn, Chief
Executive Officer, The Supply Room, Inc., 230 Supply Room Road, Oxford, Alabama 36203, and its
counsel, Tony Mastando, Esq., Mastando & Artrip, LLC, 301 Washington St., NW #302, Huntsville,
Alabama 35801.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief
Enforcement Bureau
6
See 47 C.F.R. § 1.93(b).
7
47 U.S.C. §§ 154(i), 503(b).
8
47 C.F.R §§ 0.111, 0.311.
Federal Communications Commission DA 16-295
3
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
The Supply Room, Inc.
Oxford, Alabama
)
)
)
)
)
)
)
File No.: EB-FIELDSCR-12-00002402
Acct. No.: 201232480005
FRN: 0022599070
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and The Supply
Room, Inc. (The Supply Room), by their authorized representatives, hereby enter into this Consent
Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether The Supply
Room violated Sections 301, 302(b), and 333 of the Communications Act of 1934, as amended (Act)
9
and
Sections 2.805(a) and 15.1(c) of the Commission’s rules,
10
in connection with its use of multiple cellular
phone jamming devices at its factory in Oxford, Alabama.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.
11
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all
of its bureaus and offices.
(e) “Communications Laws” means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which The Supply Room
is subject by virtue of its business activities.
(f) “Compliance Commitment” means the compliance obligations described in this
Consent Decree at paragraph 11.
(g) “The Supply Room” means The Supply Room, Inc., as well as its affiliates,
subsidiaries, predecessors-in-interest, and successors-in-interest.
(h) “Effective Date” means the date by which both the Bureau and The Supply Room
have signed the Consent Decree.
(i) “Investigation” means the investigation into The Supply Room’s apparent violations
of the Act commenced by the Bureau’s initial inquiry in FILE No. EB-FIELDSCR-
12-00002402.
9
47 U.S.C. §§ 301, 302a(b), and 333.
10
47 C.F.R. §§ 2.805(a) and 15.1(c).
11
47 U.S.C. § 151 et seq.
Federal Communications Commission DA 16-295
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(j) “Jammer Laws” means Sections 301, 302(b) and 333 of the Act, Sections 2.805(a)
and 15.1(c) of the Rules, and other Communications Laws that prohibit the use or
operation of a cellular phone jamming device or other signal jamming device.
(k) “NAL” means The Supply Room’s Notice of Apparent Liability for Forfeiture issued
on April 9, 2013.
12
(l) “Parties” means The Supply Room and the Bureau, each of which is a “Party.”
(m) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
II. BACKGROUND
3. Section 301 of the 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.
13
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
comply with regulations promulgated pursuant to this section.”
14
Section 333 of the 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 chapter or operated by the United States
government.”
15
4. In response to an anonymous complaint, a Commission agent investigated and
determined that one or more signal jamming devices was in use at The Supply Room’s property in
Oxford, Alabama. On April 6, 2012, the agent interviewed the general manager of The Supply Room,
who confirmed that The Supply Room had purchased five cellular jamming devices online and operated
four jamming devices in its warehouse for over two years. The general manager also confirmed that The
Supply Room utilized the jamming devices to prevent its employees from using their cellular phones
while working. The general manager then showed the agent where the jamming devices were installed
and surrendered them, along with a spare backup jamming device. After they were removed, the agent
confirmed that the unauthorized signals in the cellular bands had ceased.
5. The Supply Room responded to the NAL on May 22, 2014, with a sworn affidavit from
its Information Technology Manager, Mr. Tim Barton.
16
In it, Mr. Barton admitted to purchasing five
jammers and mounting four of the jammers for operation in the company’s warehouse, but explained that
the jammers were used for a period of seven months (not two years) and that, at the time of the FCC’s
agent’s inspection in April 2012, only one of the jammers was in use.
17
Mr. Barton further attested that
when the FCC’s field agent informed The Supply Room that use of jammers was illegal, it promptly
ceased using the one jammer, took down the four mounted jammers, and turned all five jammers over to
the FCC agents. The Supply Room is a small company that had not previously violated Communications
Laws. Subsequently, The Bureau and The Supply Room engaged in settlement negotiations. The Bureau
and The Supply Room agree to the following terms and conditions of settlement and hereby enter into this
Consent Decree as provided herein.
12
The Supply Room, Inc., Notice of Apparent Liability for Forfeiture and Order, 28 FCC Rcd 4981 (2013).
13
47 U.S.C. § 301.
14
Id. § 302a(b).
15
Id. § 333.
16
See Affidavit of Mr. Tim Barton, IT Manager, The Supply Room, Inc. (May 22, 2014).
17
Id. at 1.
Federal Communications Commission DA 16-295
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III. TERMS OF AGREEMENT
6. Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in an Adopting Order.
7. Jurisdiction. The Supply Room agrees that the Bureau has jurisdiction over it and the
matters contained in this Consent Decree and has the authority to enter into and adopt this Consent
Decree.
8. Effective Date; Violations. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Parties agree that this
Consent Decree shall have the same force and effect as any other order of the Commission.
9. Termination of Investigation. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, The Supply Room
agrees to the terms, conditions, and procedures contained herein. The Bureau further agrees that, in the
absence of new material evidence, it will not use the facts developed in the Investigation through the
Effective Date, or the existence of this Consent Decree, to institute, on its own motion, any new
proceeding, formal or informal, or take any action on its own motion against The Supply Room
concerning the matters that were the subject of the Investigation. The Bureau also agrees that, in the
absence of new material evidence, it will not use the facts developed in the Investigation through the
Effective Date, or the existence of this Consent Decree, to institute on its own motion any proceeding,
formal or informal, or to set for hearing the question of The Supply Room’s basic qualifications to be a
Commission licensee or hold Commission licenses or authorizations.
18
10. Admission of Liability. The Supply Room admits for the purpose of this Consent
Decree and for Commission civil enforcement purposes, and in express reliance on the provisions of
paragraph 9 herein, that its actions that were the subject of the NAL violated the Jammer Laws.
11. Compliance Commitment. The Supply Room has ceased using or operating and will
not use or operate in the future any cellular jamming device or other illegal jamming device. Any use or
operation of a jamming device by The Supply Room will violate the Jammer Laws and the terms of this
Consent Decree. The Supply Room shall report any noncompliance with the Jammer Laws or with the
terms and conditions of this Consent Decree within fifteen (15) calendar days after discovery of such
noncompliance to Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554, with a copy submitted electronically to
JoAnn Lucanik at JoAnn.Lucanink@fcc.gov and Maureen McCarthy at Maureen.McCarthy@fcc.gov.
12. Termination Date. Unless stated otherwise, the requirements set forth in paragraph 11
shall expire thirty-six (36) months after the Effective Date.
13. Civil Penalty. The Supply Room will pay a civil penalty to the United States Treasury in
the amount of twenty thousand five hundred dollars ($20,500) (Civil Penalty) within 30 calendar days
after the Effective Date. The Supply Room shall send electronic notification of payment to JoAnn
Lucanik at JoAnn.Lucanink@fcc.gov, Maureen McCarthy at Maureen.McCarthy@fcc.gov, and Samantha
Peoples at Sam.Peoples@fcc.gov on the date said payment is made. The payment must be made by check
or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice)
must be submitted.
19
When completing the FCC Form 159, enter the NAL/Account Number in block
18
See 47 C.F.R. 1.93(b).
19
An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 16-295
6
number 23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code).
Below are additional instructions that should be followed based on the form of payment selected:
? Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
14. Waivers. As of the Effective Date, The Supply Room waives any and all rights it may
have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge
or contest the validity of this Consent Decree and the Adopting Order. The Supply Room shall retain the
right to challenge Commission interpretation of the Consent Decree or any terms contained herein. If
either Party (or the United States on behalf of the Commission) brings a judicial action to enforce the
terms of the Consent Decree or the Adopting Order, neither The Supply Room nor the Commission shall
contest the validity of the Consent Decree or the Adopting Order, and The Supply Room shall waive any
statutory right to a trial de novo. The Supply Room hereby agrees to waive any claims it may otherwise
have under the Equal Access to Justice Act
20
relating to the matters addressed in this Consent Decree.
15. Severability. The Parties agree that if any of the provisions of the Consent Decree shall
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not
containing the particular unenforceable provision or provisions, and the rights and obligations of the
Parties shall be construed and enforced accordingly.
16. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
legal proceeding.
17. Subsequent Rule or Order. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an Order
specifically intended to revise the terms of this Consent Decree to which The Supply Room does not
expressly consent) that provision will be superseded by such Rule or Order.
18. Successors and Assigns. The Supply Room agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
19. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
20
See 5 U.S.C. § 504; 47 C.F.R. §§ 1.1501–1.1530.
Federal Communications Commission DA 16-295
7
20. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
21. Paragraph Headings. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
22. Authorized Representative. Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent
Decree and to bind the Party to its terms and conditions.
23. Counterparts. This Consent Decree may be signed in counterpart (including
electronically or by facsimile). Each counterpart, when executed and delivered, shall be an original, and
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
Arthur U. Hathorn, Jr.
Chief Executive Officer
The Supply Room, Inc.
________________________________
Date