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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
September 2, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Douglas Jensen
Vortex Media
5600 Post Road #114-335
East Greenwich, RI 02818
Re: File No. EB-
05-SE-173
Dear Mr. Jensen:
This is an official CITATION, issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as
amended (``Communications Act''), 47 U.S.C. § 503(b)(5),
for: (1) marketing an unauthorized radio frequency (``RF'')
device in the United States in violation of Section 302(b)
of the Communications Act, 47 U.S.C. § 302a(b), and Section
2.803(a) of the Commission's Rules (``Rules''), 47 C.F.R. §
2.803(a); and (2) importing RF devices without declaring an
import condition in violation of Section 2.1203 of the
Rules, 47 C.F.R. § 2.1203. As explained below, future
violations of the Commission's rules in this regard may
subject you to monetary forfeitures.
Your response of July 14, 2005, to our letter of
inquiry (``LOI'') indicates that you marketed an uncertified
video transmitter designated as the ShotWatcher until June
27, 2005. According to your response, the ShotWatcher
operates on an amateur frequency, 434 MHz. Although amateur
transmitters are not required to be certified prior to
marketing, the enclosures to your response indicate that you
are also marketing the Shotwatcher for professional video
production.1 Therefore, we find that it is not amateur
apparatus and must be classified as an intentional radiator2
required by Section 15.201 of the Rules, 47 C.F.R. § 15.201,
to be approved prior to marketing through the certification
procedures described in Sections 2.1031 - 2.1060 of the
Rules, 47 C.F.R. §§ 2.1031 - 2.1060.
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 as required by § 2.925 and other relevant
sections in this chapter.
Accordingly, it appears that you have violated Section
302(b) of the Act and Section 2.803(a) of the Rules by
marketing an unauthorized RF device.
Your response to the LOI also indicates that you
imported some of the transmitters used as components in the
ShotWatcher from Canadian retailers without filing an FCC
Form 740 (paper or electronic where available) with U.S.
Customs declaring an import condition.3 Section 2.1203(a)
of the Rules provides that ``[n]o radio frequency device may
be imported into the Customs territory of the United States
unless the importer or ultimate consignee, or their
designated customs broker, declares that the device meets
one of the conditions for entry set out in this section.''
Accordingly, it appears that you have violated Section
2.1203 of the Rules by importing RF devices without
declaring an import condition.
If, after receipt of this citation, you violate the
Communications Act or the Commission's rules in any manner
described herein, the Commission may impose monetary
forfeitures not to exceed $11,000 for each such violation or
each day of a continuing violation. 4
If you choose to do so, you may respond to this
citation within 30 days from the date of this letter either
through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written
statement. Your response should specify the actions that
you are taking to ensure that you do not violate the
Commission's rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office appears to be the
Boston Office in Quincy, Massachusetts. Please call Brett
Greenwalt at 202-418-1303 if you wish to schedule a personal
interview. You should schedule any interview to take place
within 30 days of the date of this letter. You should send
any written statement within 30 days of the date of this
letter to:
Thomas Fitz-Gibbon
Spectrum Enforcement Division, Enforcement
Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 7-A820
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(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.
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. § 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Deputy Chief, Spectrum Enforcement
Division
Enforcement Bureau
Federal Communications Commission
_________________________
1For example, one of the advertisements for the ShotWatcher
states that ``[t]he ShotWatcher is a small, light weight
transmitter that can broadcast any camera's video signal to
most hand-held televisions for viewing by producers, PA's,
clients, directors, or anyone standing within a few hundred
feet. ... The Shotwatcher can be used on every shoot -
indoors, outdoors, run-and-gun, hand-held, b-roll, news,
sports, documentaries - it makes no difference.''
2An intentional radiator is ``A device that intentionally
generates and emits radio frequency energy by radiation or
induction.'' 47 C.F.R. § 15.3 (o).
3See 47 C.F.R. § 2.1205. The specific import conditions are
set forth in Section 2.1204 of the Rules, 47 C.F.R. §
2.1204.
4See 47 C.F.R. § 1.80(b)(3).