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                             Before the 
                  Federal Communications Commission
                       Washington, D.C.  20554



In the Matter of                )
                                )
Cruz Consulting Group           )            File No.  EB-04-SJ-049
                                )
San Juan, Puerto Rico           )            Citation             No.  
C20043268001


                              CITATION
                                             Released:  October 20, 
2004

By the San Juan Office, South Central Region, Enforcement Bureau:

     This is an Official Citation issued pursuant to Section 
503(b)(5) of the Communications Act of 1934, as amended (``Act''),1 
to Cruz Consulting Group (``Cruz'') for violation of Section 302(b) 
of the Act and Section 2.803(a) of the Commission's Rules 
(``Rules''). 2

     Investigation by the Commission's San Juan Office of the 
Enforcement Bureau (``San Juan Office'') between October 13 & 14, 
2004 revealed that Cruz sold twenty three transmitters designed to 
jam or block wireless communications (``mobile phone jammers'') to 
the Department of Corrections and Rehabilitation of the Commonwealth 
of Puerto Rico.  The President of Cruz, Mr. José Luis Cruz-Cruz, 
admitted to the investigating agents that he installed the twenty 
three mobile phone jammers at the Guayama Correctional facility 
located on Road # 7707 in Guayama, PR.  The mobile phone jammers were 
purchased by Cruz from the manufacturer, Netline Communications 
Technologies, Ltd of Tel-Aviv, Israel (``Netline'').

     On October 14, 2004, agents from the San Juan Office inspected 
the mobile phone jammers, Netline C-Guard HP, high power units, 
operating at the Guayama Correctional Facility and determined that 
the units were transmitting on two mobile wireless phone bands, one 
band centered at 875 and the second centered on 1950 MHz. The 
occupied bandwidth of the signal centered at 850 MHz was 50 MHz. The 
occupied bandwidth of the signal centered at 1950 MHz was 60 MHz.  
The purpose of these signals was to block mobile phone operations at 
the correctional facility.  The output power as stated in the 
equipment specification by Netline is fifteen watts per frequency 
band.  

     Further inspection of the units on this date revealed that the 
devices bore no FCC equipment authorization or any other unique 
identification label as required by Section 2.9253 of the Rules for 
radiofrequency devices marketed in the United States.  

     Section 302(b) of the Act, provides ``[N]o person shall 
manufacture, import, sell, offer for sale, or ship devices or homes 
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 Rules 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: (1) In 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....''  Cruz's sale of these devices in the United 
States violates Section 302(b) of the Act and 2.803(a)(1) of the 
Rules.

     Violations of the Act or the Rules may subject the violator to 
monetary fines not to exceed $11,000 for each violation or each day 
of a continuing violation,4 seizure of equipment through in rem 
forfeiture action and criminal sanctions including imprisonment.5

     Section 503(b)(5) of the Act provides that Cruz may request an 
interview at the closest Commission Office.  You may contact this 
office by telephone,   XXX XXX-XXXX, to schedule the interview.  The 
interview must be scheduled to take place within 14 days of the date 
of this Citation.  Cruz may also submit a written statement to San 
Juan Office, Enforcement Bureau, FCC, 762 Federal Building, Hato Rey, 
Puerto Rico 00918-1731 within 14 days of the date of this Citation.  
Any written statement should specify what actions have been taken to 
correct the violation outlined above.  Please reference file number 
EB-04-SJ-048 when corresponding with the Commission.  

     8.   Pursuant to Sections 4(i), 4(j) 308(b) and 403 of the  Act, 
Cruz is directed to provide  the documents and information  specified 
herein, within  fourteen (14)  calendar days  from the  date of  this 
citation.  

          (a)  A written detailed description of how Cruz obtained 
     the mobile phone jammers from Netline for the Department of 
     Corrections and Rehabilitation of the Commonwealth of Puerto 
     Rico.  This description must include the names and the addresses 
     for the entities that purchased, shipped, or imported the mobile 
     phone jammers.  

          (b)  Copies of the importation and shipping documents and 
     bill of lading for the mobile phone jammers that were purchased 
     from Netline and eventually delivered to the Department of 
     Corrections and Rehabilitation of the Commonwealth of Puerto 
     Rico. 

          (c)  Copies of the invoice from Netline to Cruz for the 
     mobile phone jammers eventually delivered to the Department of 
     Corrections and Rehabilitation of the Commonwealth of Puerto 
     Rico.  Copies of the invoices from Cruz to the Department of 
     Corrections and Rehabilitation for the mobile phone jammers 
     installed at the Guayama Correctional Facility.

          (d)  A list of all customers that have purchased mobile 
     phone jammers from Cruz.  Include the name, address and 
     telephone number of each purchaser.  This information is needed 
     so that we may inform the buyers that operation of these 
     uncertified devices violates the Rules.

9.   This Citation shall be sent by First Class U.S. Mail and 
  Certified Mail, Return Receipt Requested, to Cruz Consulting 
  Group, Attn: Mr. Jose Luis Cruz-Cruz, president, POB 1889, 
  Bayamon, PR. 00960-1889.

10.  The Privacy Act of 19746 requires that we advise you that the 
  Commission will use all relevant material information before it, 
  including any information disclosed in your reply, to determine 
  what, if any, enforcement action is required to ensure compliance.  
  Any false statement made knowingly and willfully in reply to this 
  Notice is punishable by fine or imprisonment under Title 18 of the 
  U.S. Code.7

                                FEDERAL COMMUNICATIONS COMMISSION



                                Reuben Jusino
                                Resident Agent-San Juan
_________________________

147 U.S.C. § 503(b)(5).

247 U.S.C. § 302a(b), 47 C.F.R. § 2.803(a).

347 C.F.R. § 2.925.
447 C.F.R. §1.80(b)(3).

547 C.F.R. §§ 401, 501, 503 and 510.

6P.L. 93-579, 5 U.S.C. § 552a(e)(3).

718 U.S.C. § 1001 et seq.