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Federal Communications Commission DA 11-1661

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Federal Communications Commission DA 11-1661 Federal Communications Commission DA 11-1661 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Bling Wholesalers, St. Louis, MO; ) File No.: EB-11-SE-064 Brilliant Store, Inc., Fremont, CA; ) File No.: EB-11-SE-065 Consumer Security Products, Mill Creek, WA; ) File No.: EB-11-SE-066 Espowadd locations International, Ltd., Jersey City, NJ; ) File No.: EB-11-SE-068 Jabiru Bamboo Ltd., Keene, NH; ) File No.: EB-11-SE-069 Junker Signal Solutions, Bremerton, WA; ) File No.: EB-11-SE-086 Molary Alexent, New York, NY; ) File No.: EB-11-SE-070 NOVA Retail Ent., Woodbridge, VA; ) File No.: EB-11-SE-071 Papatek, Santa Clara, CA; ) File No.: EB-11-SE-085 PJS Gifts, Shorewood, IL; ) File No.: EB-11-SE-072 SAFI Service, LLC, Houston, TX; ) File No.: EB-11-SE-073 Secret Service, Inc., Rosemead, CA; ) File No.: EB-11-SE-074 Silver Valley Tech, Kellogg, ID; ) File No.: EB-11-SE-075 Simply Surveillance, Bessemer, NC; ) File No.: EB-11-SE-076 Sleuthtek, Mill Creek, WA; ) File No.: EB-11-SE-087 Sunvalleytek International, Inc., Santa Clara, CA; ) File No.: EB-11-SE-077 The Signal Jammer, Los Angeles, CA; ) File No.: EB-11-SE-078 Tna International Electronics, Norwalk, CA; ) File No.: EB-11-SE-079 World Mall Electronics, East Greenwich, RI; ) File No.: EB-11-SE-080 Yapper Zapper, Corona, NY. ) File No.: EB-11-SE-081 ) OMNIBUS CITATION AND ORDER ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, 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”),1 to each of the companies listed in the caption to this Citation and in Appendix A attached hereto (each, an “Online Vendor,” and collectively, the “Online Vendors”)2 for marketing in the United States a total of 215 1 47 U.S.C. § 503(b)(5). 2 According to publicly available information, the Online Vendors are variously owned by or associated with the following individuals: Brian Martz (Bling Wholesalers), Bruce Carroll (Jabiru Bamboo, Ltd.), Carl Wilson (The Signal Jammer), Curtis Sinniger (Silver Valley Tech), Drew Southard (Simply Surveillance), Ezequiel Hernandez (Tna International Electronics), Geoffrey Callaghan (Yapper Zapper), Guangpeng Kent Liu (Brilliant Store, Inc.), Li Pei Liang (SAFI Service, LLC), Otto Lee (Sunvalleytek International, Inc.), Patty Clinton (PJS Gifts), Quan Dao (World Mall Electronics), Rob Sambrano (Secret Service, Inc.), Scott L. Stevens (Consumer Security Products, 13565 Federal Communications Commission DA 11-1661 uniquely described models of cell, GPS, and other signal jamming devices in violation of section 302(b) of the Communications Act3 and sections 2.803 and 15.201(b) of the Commission’s rules (“Rules”).4 2. Signal jamming devices pose significant risks to public safety and potentially compromise other radio communications services. Each Online Vendor must take immediate steps to cease marketing signal jamming devices to consumers in the United States and its territories and to avoid any recurrence of this misconduct. This may include actions such as removing the illegal signal jamming devices from online display, expressly excluding consumers in the United States and its territories as potential customers, and declining to sell signal jamming devices or complete any sales transaction to consumers in the United States and its territories.5 3. Pursuant to sections 4(i), 4(j), and 403 of the Communications Act,6 we also direct the Online Vendors to report within thirty (30) calendar days after the release date of this Citation on the specific actions taken to correct the violations and provide information concerning their signal jamming device suppliers, distribution channels, and sales. 4. As explained below and as provided in the Communications Act, future violations of the Rules in this regard may subject an Online Vendor to substantial monetary penalties, seizure of equipment, and criminal sanctions. II. BACKGROUND 5. The Spectrum Enforcement Division (“Division”) of the Enforcement Bureau (“Bureau”) has observed that each of the Online Vendors listed in Appendix A has marketed via the Internet within the past several months signal jamming devices to consumers in the United States or its territories.7 Specifically, and as detailed in Appendix A to this Citation, the Division observed that each Online Vendor has marketed various models of cell phone jammers, GPS jammers, Wi-Fi jammers, and/or similar signal jamming devices that have the capacity to prevent, block, or otherwise interfere with authorized radio communications (collectively, “signal jammers”).8 These product offerings include GPS blockers for vehicles, high-tech signal blockers with remote control capabilities, jammers disguised as paintings and cigarette packs, other small, easily-concealable cell phone jammers, as well as high- powered industrial jammers that have the potential to disrupt radio signals in areas as large as a football field.9 In addition, the signal jammers offered by the Online Vendors claim to target various frequencies, Sleuthtek), Steven Junker (Junker Signal Solutions), Sun Caijin (Papatek), and Tiffany Carrillo (NOVA Retail Ent.). This Citation also is directed towards each web site that markets signal jamming devices and is affiliated with these persons or entities. 3 47 U.S.C. § 302a(b). 4 47 C.F.R. §§ 2.803, 15.201(b). 5 In very limited circumstances and consistent with applicable procurement requirements, retailers may market these devices to the U.S. federal government for authorized, official use. See 47 U.S.C. § 302a(c); see also 47 C.F.R. § 2.807(d). We note that the term “consumers,” as used herein, refers to individuals, businesses, organizations, and state and local governments, among others. 6 47 U.S.C. §§ 154(i), 154(j), 403. 7 We note that each Online Vendor, at a minimum, also has a contact address or business address within the United States. 8 In addition, the Bureau recently received a consumer complaint regarding the online marketing of a cell phone jammer on yapperzapper.com. See Complaint No. 11-C00314487-1 (filed July 5, 2011). 9 A representative sample of the illegal signal jammers offered for sale to U.S. consumers by each Online Vendor is set forth in Appendix A to this Citation. 13566 Federal Communications Commission DA 11-1661 services, and/or technologies such as Code Division Multiple Access (CDMA), Global System for Mobile Communications (GSM), the Global Positioning System (GPS), Wi-Fi, Bluetooth, Universal Mobile Telecommunications System (UMTS-3G), Long Term Evolution (LTE-4G), Integrated Digital Enhanced Network (iDEN), the Personal Handy-phone System (PHS), Digital Cellular Service (DCS), and General Packet Radio Service (GPRS).10 III. APPLICABLE LAW AND VIOLATIONS 6. Federal law prohibits the marketing and operation of signal jammers in the United States and its territories. 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.”11 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.”12 7. The applicable implementing regulations are set forth in sections 2.803, 15.201, 15.1(c), and 15.3(o) of the Rules.13 Section 2.803(a)(1) of the Rules provides in relevant part 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 § 2.925 and other relevant sections in this chapter.14 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.15 8. Pursuant to section 15.201(b) of the Rules,16 intentional radiators17 like signal jammers cannot be marketed in the United States or its territories unless they have first been authorized in 10 See, e.g., http://www.thesignaljammer.com/products/Strong-Portable-Cell-Phone-Jammer-with-Fan.html (visited Apr. 22, 2011) (“Specifications: Jamms [sic]: AMPS, TACS, NMT, GPRS, GSM, DCS, CDMA, PDC, TDMA, PHS, PCS, Iden, W-CDMA, UMTS, 3G”). 11 47 U.S.C. § 333. 12 Id. § 302a(b). 13 47 C.F.R. §§ 2.803, 15.201, 15.1(c), 15.3(o). 14 Id. § 2.803(a)(1) (emphasis added). 15 Id. § 2.803(g) (emphasis added). 16 Id. § 15.201(b). Section 15.1(c) also states that “the operation or marketing of an intentional… radiator that is not in compliance with the administrative and technical provisions in this part, including prior Commission authorization or verification, as appropriate, is prohibited under section 302 of the Communications Act of 1934, as amended, and [the Rules].” Id. § 15.1(c). 17 An “intentional radiator” is a “device that intentionally generates and emits radio frequency energy by radiation or induction.” Id. § 15.3(o).
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