Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of RGS Group Inc. dba International Electronics Superstore
Boca Raton, FL ) ) ) ) ) ) ) File No.: EB-FIELDSCR-14-00016427 Citation
No.: C201532600001
CITATION AND ORDER
ILLEGAL MARKETING OF WIFI AND SIGNAL JAMMING DEVICES
Adopted: January 28, 2015 Released: January 28, 2015
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. The sale of electronic devices that jam or block WiFi, cellular, GPS,
and other wireless signals is illegal under federal law.^ Such devices
are per se illegal because they compromise the integrity of the
nation's communications infrastructure. This CITATION AND ORDER
(Citation) notifies RGS Group Inc. dba International Electronics
Superstore (International Electronics Superstore) that it must cease
the unlawful sale of all wireless signal jamming devices, including
devices that jam WiFi and cell phone signals, in its retail stores. If
International Electronics Superstore fails to take these actions, it
will be subject to severe monetary fines and/or seizure of any
contraband equipment.
2. 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 International Electronics Superstore for violation of
Section 302(b) of the Act,^ and Sections 2.803(b)(1) and 15.201(b) of
the Commission's rules (Rules).^
3. Notice of Duty to Comply With Laws: International Electronics
Superstore must take immediate steps to come into compliance and to
avoid any recurrence of this misconduct, including actions such as no
longer displaying illegal WiFi and/or cellular signal jamming devices,
collectively "signal jamming devices," and declining to sell signal
jamming devices anywhere within the United States. International
Electronics Superstore is hereby on notice that if it subsequently
engages in any conduct of the type described in this Citation, it is
subject to civil penalties, including but not limited to substantial
monetary forfeitures and seizure of contraband equipment. Such
forfeitures may be based on both the conduct that led to this Citation
and the conduct following it.^
4. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct International Electronics
Superstore to respond in writing, within thirty (30) calendar days
after the release date of this Citation, and signed under pernalty of
perjury, with descriptions of the specific action(s) taken or planned
to correct the violations and preclude recurrence of the violations,
and also a timeline for completion of any pending corrective
action(s).
II. background
5. On July 9, 2014, in response to a complaint, an agent from the
Enforcement Bureau's Miami Office observed that International
Electronics Superstore was offering for sale WiFi signal jamming and
cellular signal jamming devices at its location in the Sawgrass Mills
Mall at 12801 W. Sunrise Blvd., Sunrise, FL 33323. These items were
exhibited in the display case at the International Electronics
Superstore. The International Electronics Superstore salesperson
explained to the agent that the cell phone signal jamming device,
which was on sale for $299, can jam all cell phone signals within a
close proximity and that the combined cell phone and WiFi signal
jamming device, which was on sale for $599, can jam both cell phone
and local area wireless internet signals within a close proximity.
6. On July 10, 2014, an agent from the Miami Office observed that
International Electronics Superstore was offering for sale a combined
WiFi and cell phone signal jamming device at its location in the
Dolphin Mall at 11401 NW 12^th St., Miami, FL 33172. The International
Electronics Superstore salesperson explained to the agent that the
combined WiFi and cell phone jamming device, which was on sale for
$599, can jam both cell phone and local area wireless internet signals
within a close proximity.
III. applicable law and violations
7. Federal law prohibits the marketing and operation of signal jamming
devices 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."^ 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."^
8. The applicable implementing regulations regarding the marketing and
use of radio frequency devices are set forth in Sections 2.803, 2.805,
2.807, 15.1(c), 15.3(o), and 15.201 of the Rules.^ Section 2.803(b)(1)
of the Rules provides in relevant part that:
No person may market a radio frequency device unless . . . [f]or devices
subject to authorization under certification, the device has been
authorized in accordance with the rules in subpart J of this chapter and
is properly identified and labeled as required by S 2.925 and other
relevant sections in this chapter.^
9. Moreover, pursuant to Section 15.201(b) of the Rules, intentional
radiators^ like signal jammers cannot be marketed in the United States
or its territories unless they have first been authorized in
accordance with the Commission's certification procedures.^ Section
2.803(a) 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."^
10. Signal jammers, however, cannot be certified or authorized because
their primary purpose is to jam or interfere with authorized radio
communications. Indeed, Section 333 of the Act clearly prohibits the
use of devices designed and built for such a purpose.^ Thus, signal
jammers such as those marketed by International Electronics
Superstore, which can jam WiFi and/or cell phone signals, cannot
comply with the FCC's technical standards and therefore cannot be
marketed lawfully to consumers in the United States or its
territories. Under Section 302(b) of the Act, radio frequency devices
like signal jamming devices are per se illegal because they compromise
the integrity of the nation's communications infrastructure.^ As such,
signal jammers may only be marketed pursuant to the narrow statutory
exceptions in Section 302(c) of the Act.^
11. International Electronics Superstore has illegally marketed signal
jammers to consumers in the United States. As detailed above, on July
9, 2014 and July 10, 2014, International Electronics Superstore
salespeople offered for sale WiFi signal jamming and cellular signal
jamming devices to a federal agent from the Miami Office at its two
locations in Sunrise, Florida and Miami, Florida. Accordingly, we find
that International Electronics Superstore has violated Section 302(b)
of the Communications Act and Sections 2.803(b)(1) and 15.201(b) of
the Rules by marketing in the United States radio frequency devices
that are not eligible for certification.^
IV. REQUEST FOR INFORMATION
12. Pursuant to sections 4(i), 4(j), and 403 of the Communications Act,^
International Electronics Superstore is directed to provide the
information requested in confidential Appendix A hereto within thirty
(30) calendar days after the release date of this Citation. The
request for information concerns International Electronics
Superstore's signal jamming suppliers and sales as well as the
disposition of its signal jamming device inventory. A failure to
respond, or an inadequate, incomplete, or misleading response,
subjects International Electronics Superstore to additional
sanctions.^
V. RESPONDING TO THIS CITATION
13. In addition to the required written information described in
paragraphs 4 and 12, above, International Electronics Superstore 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.
14. If you would like to arrange a teleconference or personal interview,
please contact Michael Mattern at (305) 994-1642. The nearest
Commission Field Office is located in Tampa, Florida. 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 15, below.
15. All written communications, including the information requested in
paragraphs 4 and 12, above, should be provided to the address below.
Michael Mattern
Federal Communications Commission
Miami Office
P.O. Box 520617
Miami, FL 33152-06179
Re: EB-FIELDSCR-14-00016427
16. 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).
17. 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.^
18. 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.
19. 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.^
20. 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 Commission's rules.
VI. FUTURE VIOLATIONS
21. If, after receipt of this Citation, International Electronics
Superstore again violates the Communications Act or the Rules by
marketing unauthorized radio frequency devices within the United
States or its territories or otherwise 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 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
signal jamming device sold and/or for each day on which a signal
jamming device is advertised or otherwise offered for sale. 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.^
VII. ORDERING CLAUSES
22. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, RGS Group Inc. dba International Electronics
Superstore must provide the written information requested in
paragraphs 4 and 12, above. The response to the request for
information must be provided in writing, signed under penalty of
perjury by an authorized official at RGS Group Inc. with personal
knowledge of the information and representations provided in the
written response, and must be received by the FCC within thirty (30)
calendar days after the release date of this Citation and Order.
23. IT IS FURTHER 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 RGS Group Inc. dba International Electronics Superstore,
at 961 SW 4^th Ave., Boca Raton, FL 33432.
FEDERAL COMMUNICATIONS COMMISSION
Michael Mattern
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
^ 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. S 302a(c); see also
47 C.F.R. S 2.807(d).
^ 47 U.S.C. S 503(b)(5).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803(a)(1), 15.201(b).
^ 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 U.S.C. SS 154(i), 154(j), 403.
^ 47 U.S.C. S 333.
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 2.805, 2.807, 15.1(c), 15.3(o), and 15.201.
^ Id. S 2.803(b)(1).
^ An "intentional radiator" is a "device that intentionally generates and
emits radio frequency energy by radiation or induction." Id. S 15.3(o).
^ See id. S 15.201(b). Section 15.1(c) of the Rules 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. S 15.1(c).
^ Id. S 2.803(a).
^ See 47 U.S.C. S 333. We note that numerous other countries also restrict
civilian use or operation of signal jammers, including Canada, the United
Kingdom, Germany, Switzerland, and Australia.
^ See The Supply Room, Inc., Notice of Apparent Liability for Forfeiture
and Order, 28 FCC Rcd 4981, 4983-84, para. 7 (2013) (Supply Room NAL);
Taylor Oilfield Mfg., Inc., Notice of Apparent Liability for Forfeiture
and Order, 28 FCC Rcd 4972, 4975, para. 7 (2013) (Taylor Oilfield NAL).
^ See supra note 1.
^ 47 U.S.C. S 302; 47 C.F.R. SS 2.805(b)(1), 15.201(b).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, PP 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).
^ 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)(4). These amounts
are subject to further adjustment for inflation (see 47 C.F.R. S
1.80(b)(6)), and the forfeiture amount applicable to any violation will be
determined based on the statutory amount designated at the time of the
violation.
^ See paragraph 3, supra.
^ See 47 U.S.C. S 510.
^ See id. SS 401, 501.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 15-121
2
Federal Communications Commission DA 15-121