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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).
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Federal Communications Commission DA 13-52
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Federal Communications Commission DA 13-52