FCC Web Documents citing 2.807

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.pdf
  • which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions.'' The GPS intercept device (which operates in the 1575.42 MHz band) and the 1.2/2.4 GHz wireless camera intentionally transmit RF energy on restricted frequencies. See 47 U.S.C. � 302(c); 47 C.F.R. � 2.807(d). See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 07-4874 Federal Communications Commission DA 07-4874 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 ' '' � � `` � � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}�� W/ x">46/��^���aУR �M(c)tmR�X��F� ���-6 2[u �� s t2�99b~Z��t Sma�p|)l ˏ 0 `8{ N��
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1202A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1202A1.pdf
  • in the 1450 MHz to 1600 MHz bands, intentionally transmits radio frequency energy on restricted frequencies and is ineligible for certification on this basis as well. Furthermore, your website states that the cell phone jammers you advertise are ``[f]or [e]xport [o]nly. USA customers must be authorized Law Enforcement and/or Gov. [sic] Agency approved.'' Section 302(c) of the Act and Section 2.807(d) of the Rules exempt radio frequency devices intended for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, there is no similar exemption allowing the marketing or sale of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that DPL Surveillance Equipment has violated Section 302(b) of the Act
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1299A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1299A1.pdf
  • note that Low Power Radio is apparently continuing to assemble and market uncertified equipment on its website, www.ontheair3.com. Specifically, on May 2, 2008, Division staff observed that Low Power Radio was marketing on its website a completely ``Assembled'' SSTRAN AMT3000 AM Transmitter Kit for $159.95. The website notes that the assembled device is ``for use outside of North America.'' Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules; however, this exemption only applies to devices that the manufacturer actually exports. Thus, Low Power Radio cannot simply rely upon the purchaser to export the device. To the extent that Low Power Radio is not directly exporting the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.pdf
  • the level of which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions.'' The GPS Blocker (which operates in the 1450 MHz to 1600 MHz bands) intentionally transmits radio frequency energy on restricted frequencies. See 47 U.S.C. � 302(c); 47 C.F.R. � 2.807(d). See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 08-155 Federal Communications Commission DA 08-155 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 / - . 0 3 ?
  • http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1513A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1513A1.pdf
    • for the equipment's compliance with the Commission's technical and administrative rules. As such, Inter Tech was required to obtain certification for the use of the Cybermax name in conjunction with the Broadcast Warehouse amplifiers prior to marketing the devices in the United States. Inter Tech claims that these amplifiers are marketed for ``export only,'' and thus are exempt under Section 2.807(b) of the Rules from the marketing restrictions set forth in Section 2.803(a)(1) of the Rules. This exemption, however, only applies to devices that the manufacturer actually exports. While Inter Tech stated in its Second Response that all marketing materials for these amplifiers contained the disclaimer ``export only,'' the marketing materials provided by Inter Tech in its First Response contained an
  • http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.pdf
    • 47 C.F.R. � 2.803(e)(4). 47 C.F.R. � 15.204(d)(1). 47 C.F.R. � 15.204(d)(2). See 47 C.F.R. � 2.925. The Rules provide for certain exceptions to the aforementioned requirements, allowing amplifiers to be marketed and sold in certain limited instances to manufacturers and wholesalers, for export, or for use by the Government of the United States. See 47 C.F.R. �� 2.803(b), 2.803(d), 2.807(b), 2.807(d). See supra n.3. See Letter from Michelle W. Cohen, Esq., Thompson Hine LLP, counsel for RF Linx, to Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 18, 2009) (``LOI Response''). (...continued from previous page) (continued....) Federal Communications Commission DA 10-2290 Federal Communications Commission DA 10-2290 � � � F { | { | %0 { | %0 { |
  • http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1661A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1661A1.pdf
    • towards each web site that markets signal jamming devices and is affiliated with these persons or entities. 47 U.S.C. � 302a(b). 47 C.F.R. �� 2.803, 15.201(b). 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. 47 U.S.C. �� 154(i), 154(j), 403. We note that each Online Vendor, at a minimum, also has a contact address or business address within the United States. In addition, the Bureau recently received a consumer complaint regarding the online
  • http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1720A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1720A1.pdf
    • 9776, Plaza Carolina Station, Carolina, PR 00988. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Office South Central Region Enforcement Bureau 47 U.S.C. � 503(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). 47 U.S.C. � 302a(b). 47 C.F.R. �� 2.803(a)(1), 15.201(b). The outside of the signal jamming device sold to the child care center did not contain any identifying information. The manual accompanying the device contained a Spy Gallery inventory sticker, which identified the signal jamming device as model CVSAL-3400. The outside of the signal jamming devices did not contain any identifying
  • http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1911A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1911A1.pdf
    • C.F.R. � 2.907(a). 47 C.F.R. �� 2.1031 - 2.1060. LOI Response at 1 - 2. Marketing, as defined in 47 C.F.R. � 2.803(e)(4), ``includes 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.'' Pursuant to section 2.807(b) of the Rules, the section 2.803 requirements do not apply to radio frequency devices manufactured solely for export. 47 C.F.R. � 2.807(b). See also 47 U.S.C. � 302a(c). This exemption, however, applies only to devices that the manufacturer actually exports. See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 9020 (Enf. Bur. 2009) (unauthorized FM broadcast
  • http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-249A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-249A1.pdf
    • of Opportunity for Hearing, DA 11-246, (2011) (proposing both revocation and forfeiture liability and directing Shenzhen to respond within 30 days). See Phonejammer.com, Notice of Apparent Liability for Forfeiture, DA 10-669 (2010). See 47 U.S.C. �� 301, 302a(b). Two statutory exceptions include manufacture solely for export and use by the U.S. Government. See 47 U.S.C. � 302a(c); 47 C.F.R. � 2.807(a)-(d). Marketing is defined 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.'' 47 C.F.R. � 2.803(e)(4). See 47 U.S.C. � 333. See also 47 U.S.C. �� 301, 302a(b). See also CONSUMERS BEWARE: It is
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-453A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-453A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-453A1.txt
    • as long as they were sold for export only. NIE also contends that it sold the cordless telephone to the FCC agent thinking that it was being sold for export, because the agent told the salesperson that his address was in Puerto Rico and the salesperson mistakenly believed for export purposes, that Puerto Rico was outside the United States. Section 2.807(b) of the Rules exempts devices ``manufactured solely for export'' from the prohibition of Section 2.803(a)(1) which prohibits the marketing of non-compliant devices. However, the exemption only applies to devices that the manufacturer actually exports (emphasis added). NIE was not the manufacturer of the device at issue here. As a retailer, NIE is not entitled to use this exemption. In any
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1388A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1388A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1388A1.txt
    • the marketing materials that you included with your response, you stated that ``[c]ellular jammers are not authorized and legal for use in the U.S. private sector and will only be sold and registered to DOD, Federal, State, and Local Law Enforcement Agencies. These agencies have been given special disposition by U.S. Federal Law.'' Section 302(c) of the Act and Section 2.807(d) of the Rules exempt radio frequency devices for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, contrary to the statement on your websites and in your marketing materials, there is no similar exemption allowing the marketing of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that Sandown
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2382A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2382A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2382A1.txt
    • are, therefore, required to be certified before being marketed in the United States. Gibson's use of the ``FM Transmitter Certification Form'' appears to be an attempt to circumvent the prohibition on marketing of unapproved radio frequency devices such as the R-FM25B-WT and R-FM100B-WT by placing responsibility for any problems which may result from their use on the buyer. Although Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules, this exemption only applies to devices that the manufacturer actually exports and, thus, is not applicable here. Furthermore, the specific language in Gibson's ``FM Transmitter Certification Form,'' in particular the sentence ``I do understand that the product(s) may
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.txt
    • The re-radiators and repeaters purposely transmit RF energy on these restricted frequencies. See Public Notice, Report No. 2662, released June 25, 2004, regarding RM-11002. See Order In the Matter of Petition for Rulemaking of the Part 15 Regulations and Request for Waiver of the Part 2 Marketing Regulations, RM-11002, FCC 05-136, 20 FCC Rcd. 12256 (2005). See 47 C.F.R. � 2.807(d). See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 05-2998 Federal Communications Commission DA 05-2998 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 ! < � `` � � (c) � � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}�� W/ x">46/��^���aУR �M(c)tmR�X��F� ���-6 2[u �� s t2�99b~Z��t Sma�p|)l ˏ 0
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-136A1.txt
    • to be certified before being marketed in the United States. We reject Ramsey's argument that it does not need equipment authorizations for the FM35WT and FM100BWT because it requires buyers in the United States to provide signed statements certifying that the devices ``will be operated in accordance with applicable law of the land for the intended destination of cooperation.'' Section 2.807(b) of the Rules exempts devices ``manufactured solely for export'' from the marketing prohibition of Section 2.803(a)(1) of the Rules. This exemption, however, applies only to devices that the manufacturer actually exports. Ramsey admits that it does not actually export all of the FM35WT and FM100BWT devices it sells. Rather, it attempts to shift the burden for compliance with the Commission's
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-136A1_Erratum.doc
    • to be certified before being marketed in the United States. We reject Ramsey's argument that it does not need equipment authorizations for the FM35WT and FM100BWT because it requires buyers in the United States to provide signed statements certifying that the devices ``will be operated in accordance with applicable law of the land for the intended destination of cooperation.'' Section 2.807(b) of the Rules exempts devices ``manufactured solely for export'' from the marketing prohibition of Section 2.803(a)(1) of the Rules. This exemption, however, applies only to devices that the manufacturer actually exports. Ramsey admits that it does not actually export all of the FM35WT and FM100BWT devices it sells. Rather, it attempts to shift the burden for compliance with the Commission's
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.txt
    • which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions.'' The GPS intercept device (which operates in the 1575.42 MHz band) and the 1.2/2.4 GHz wireless camera intentionally transmit RF energy on restricted frequencies. See 47 U.S.C. � 302(c); 47 C.F.R. � 2.807(d). See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 07-4874 Federal Communications Commission DA 07-4874 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 ' '' � � `` � � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}�� W/ x">46/��^���aУR �M(c)tmR�X��F� ���-6 2[u �� s t2�99b~Z��t Sma�p|)l ˏ 0 `8{ N��
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1202A1.txt
    • in the 1450 MHz to 1600 MHz bands, intentionally transmits radio frequency energy on restricted frequencies and is ineligible for certification on this basis as well. Furthermore, your website states that the cell phone jammers you advertise are ``[f]or [e]xport [o]nly. USA customers must be authorized Law Enforcement and/or Gov. [sic] Agency approved.'' Section 302(c) of the Act and Section 2.807(d) of the Rules exempt radio frequency devices intended for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, there is no similar exemption allowing the marketing or sale of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that DPL Surveillance Equipment has violated Section 302(b) of the Act
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1299A1.txt
    • note that Low Power Radio is apparently continuing to assemble and market uncertified equipment on its website, www.ontheair3.com. Specifically, on May 2, 2008, Division staff observed that Low Power Radio was marketing on its website a completely ``Assembled'' SSTRAN AMT3000 AM Transmitter Kit for $159.95. The website notes that the assembled device is ``for use outside of North America.'' Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules; however, this exemption only applies to devices that the manufacturer actually exports. Thus, Low Power Radio cannot simply rely upon the purchaser to export the device. To the extent that Low Power Radio is not directly exporting the
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.txt
    • the level of which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions.'' The GPS Blocker (which operates in the 1450 MHz to 1600 MHz bands) intentionally transmits radio frequency energy on restricted frequencies. See 47 U.S.C. � 302(c); 47 C.F.R. � 2.807(d). See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 08-155 Federal Communications Commission DA 08-155 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 / - . 0 3 ?
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
      • that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared; 1.1319 Consideration of the environmental impact statements. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART I-MARKETING OF RADIOFREQUENCY DEVICES Brief Description: The rules in part 2, subpart I, define radiofrequency devices and specify the requirements for marketing of such devices. Section 2.807 restates certain exemptions specified in section 302 (c) of the Communications Act of 1934, as amended. Sections 2.811, 2.813 and 2.815 specify special requirements for specific devices. Need: These rules provide exemption for certain transmitters and amplifiers as required by the Act or are under close control of the licensed user. Legal Basis: 47 U.S.C. 154, 302a, 302c, 303, and
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-941A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-941A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-941A1.txt
      • apply to any subsequent models that have the same emission characteristics, i.e., analog modulation, transmitter power, bandwidth, etc. FEDERAL COMMUNICATIONS COMMISSION Julius P. Knapp, Chief Office of Engineering and Technology Order in ET Docket No. 05-183 (Remington Arms Company), 20 FCC Rcd 18724 (2005). Id. The equipment may, however, be marketed under the statutory exceptions listed in 47 C.F.R. � 2.807, e.g., radio frequency devices for use by the Government of the United States or any agency thereof. (...continued from previous page) (continued....) Federal Communications Commission DA 08-941 Federal Communications Commission DA 08-941 F j� j� j� j� ) 2
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1513A1.txt
      • for the equipment's compliance with the Commission's technical and administrative rules. As such, Inter Tech was required to obtain certification for the use of the Cybermax name in conjunction with the Broadcast Warehouse amplifiers prior to marketing the devices in the United States. Inter Tech claims that these amplifiers are marketed for ``export only,'' and thus are exempt under Section 2.807(b) of the Rules from the marketing restrictions set forth in Section 2.803(a)(1) of the Rules. This exemption, however, only applies to devices that the manufacturer actually exports. While Inter Tech stated in its Second Response that all marketing materials for these amplifiers contained the disclaimer ``export only,'' the marketing materials provided by Inter Tech in its First Response contained an
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2560A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2560A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2560A1.txt
      • taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau Letter dated Sept. 29, 2009 from Kim Carroll, Contracts Business Manager, Thales to Federal Communications Commission (Request). 47 C.F.R. �� 87.131, 87.173. Request at 1; see 47 C.F.R. � 2.807(d). See Request at 1. See 47 C.F.R. � 87.173(b). See Request at 1. See 47 C.F.R. � 87.131. Specifically, H2B, J3E, J7D, and J9W. See Request at 1-2. See id. at 2. 47 C.F.R. � 1.925(b)(3); see also WAIT Radio v FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). See Telex Communications, Inc., Order on Reconsideration, 22 FCC Rcd 1250,
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2560A1_Rcd.pdf
      • MHz band, to support Federal Government usage.6Section 87.131 specifies the authorized emissions for HF flight test land stations (including J3E).7 The TMR8092 supports many additional modulation types.8You indicate that the commercial aircraft 1Letter dated Sept. 29, 2009 from Kim Carroll, Contracts Business Manager, Thales to Federal Communications Commission (Request). 247 C.F.R. ��87.131, 87.173. 3Request at 1; see 47 C.F.R. � 2.807(d). 4See Request at 1. 5See47 C.F.R. �87.173(b). 6See Request at 1. 7See47 C.F.R.�87.131. Specifically, H2B, J3E, J7D, and J9W. 8See Request at 1-2. 14399 KimCarroll manufacturer does not intend to use these non-Part 87 frequencies and modulation types, but modification of the firmware to block these frequencies and modulation types would be prohibitively expensive.9 Consequently, Thales seeks a waiver to
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.txt
      • 47 C.F.R. � 2.803(e)(4). 47 C.F.R. � 15.204(d)(1). 47 C.F.R. � 15.204(d)(2). See 47 C.F.R. � 2.925. The Rules provide for certain exceptions to the aforementioned requirements, allowing amplifiers to be marketed and sold in certain limited instances to manufacturers and wholesalers, for export, or for use by the Government of the United States. See 47 C.F.R. �� 2.803(b), 2.803(d), 2.807(b), 2.807(d). See supra n.3. See Letter from Michelle W. Cohen, Esq., Thompson Hine LLP, counsel for RF Linx, to Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 18, 2009) (``LOI Response''). (...continued from previous page) (continued....) Federal Communications Commission DA 10-2290 Federal Communications Commission DA 10-2290 � � � F { | { | %0 { | %0 { |
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-454A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-454A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-454A1.txt
      • parameters already specified in the subject waiver. In its letter, Remotec also asks for a waiver of � 15.245 of the rules, 47 C.F.R. � 15.245. A waiver of � 15.245 was not granted for Eyeball device nor is one needed. See n. 1, supra. The equipment may, however, be marketed under the statutory exceptions listed in 47 C.F.R. � 2.807, e.g., radio frequency devices for use by the Government of the United States or any agency thereof. (...continued from previous page) (continued....) Federal Communications Commission DA 10-454 Federal Communications Commission DA 10-454 � � F
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1661A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1661A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1661A1.txt
      • towards each web site that markets signal jamming devices and is affiliated with these persons or entities. 47 U.S.C. � 302a(b). 47 C.F.R. �� 2.803, 15.201(b). 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. 47 U.S.C. �� 154(i), 154(j), 403. We note that each Online Vendor, at a minimum, also has a contact address or business address within the United States. In addition, the Bureau recently received a consumer complaint regarding the online
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1720A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1720A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1720A1.txt
      • 9776, Plaza Carolina Station, Carolina, PR 00988. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Office South Central Region Enforcement Bureau 47 U.S.C. � 503(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). 47 U.S.C. � 302a(b). 47 C.F.R. �� 2.803(a)(1), 15.201(b). The outside of the signal jamming device sold to the child care center did not contain any identifying information. The manual accompanying the device contained a Spy Gallery inventory sticker, which identified the signal jamming device as model CVSAL-3400. The outside of the signal jamming devices did not contain any identifying
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1911A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1911A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1911A1.txt
      • C.F.R. � 2.907(a). 47 C.F.R. �� 2.1031 - 2.1060. LOI Response at 1 - 2. Marketing, as defined in 47 C.F.R. � 2.803(e)(4), ``includes 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.'' Pursuant to section 2.807(b) of the Rules, the section 2.803 requirements do not apply to radio frequency devices manufactured solely for export. 47 C.F.R. � 2.807(b). See also 47 U.S.C. � 302a(c). This exemption, however, applies only to devices that the manufacturer actually exports. See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 9020 (Enf. Bur. 2009) (unauthorized FM broadcast
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-249A1.txt
      • of Opportunity for Hearing, DA 11-246, (2011) (proposing both revocation and forfeiture liability and directing Shenzhen to respond within 30 days). See Phonejammer.com, Notice of Apparent Liability for Forfeiture, DA 10-669 (2010). See 47 U.S.C. �� 301, 302a(b). Two statutory exceptions include manufacture solely for export and use by the U.S. Government. See 47 U.S.C. � 302a(c); 47 C.F.R. � 2.807(a)-(d). Marketing is defined 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.'' 47 C.F.R. � 2.803(e)(4). See 47 U.S.C. � 333. See also 47 U.S.C. �� 301, 302a(b). See also CONSUMERS BEWARE: It is
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-311A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-311A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-311A1.txt
      • 20 FCC Rcd 11134 (2005) (``The [Act] and the FCC rules prohibit the manufacture, importation, marketing, sale or operation of [jammers] within the United States.''). Because it implicates a distinct set of legal and policy issues, we also do not invite comment on any lawful signal jamming undertaken by the federal government. See 47 U.S.C. � 302a(c); 47 C.F.R. � 2.807(d). (summarizing the protocol). . . See also 47 C.F.R. Part 10 (Commercial Mobile Alert System). See 47 C.F.R. �� 1.1200(a), 1.1206. et seq. PUBLIC NOTICE PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-283A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-283A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-283A1.txt
      • S. Rep. 90-1276, 1968 U.S.C.C.A.N. 2486. See Amendment of Part 2 of the Commission's Rules to Prescribe Regulations Governing the Sale or Import or Shipment for Sale, of Devices Which Cause Harmful Interference to Radio Communication (Report and Order), FCC 70-506, 19 RR2d 1554 (1970). 47 C.F.R. �� 2.803 and 2.1204. 47 C.F.R. � 2.803(a). There are some exceptions. Section 2.807 stipulates that devices manufactured only for export or for use by the U.S. government are exempt from the restrictions in Section 2.803(a), for instance, and other narrow exceptions are set forth in Paragraphs (b) through (f) of Section 2.803. 47 C.F.R. � 2.1204(a). To be eligible for designation as a domestic TCB, a private-sector testing laboratory must be accredited by
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-194A1.txt
      • from reliance on the battery supply alone. As long as the Eyeball R1 is used only by the appropriate law enforcement agencies for emergencies involving safety of life and for training purposes, such applications would be temporary and would not be classified as fixed operations. The equipment may, however, be marketed under the statutory exceptions listed in 47 C.F.R. � 2.807, e.g., radio frequency devices for use by the Government of the United States or any agency thereof. (...continued from previous page) (continued....) Federal Communications Commission FCC 05-194 Federal Communications Commission FCC 05-194 �@��� �@��� �@��� " 6 7 = > G ] � � � � � � � F 0 0 a � t t t �
    • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-16A1.txt
      • � 302a(c). See id.; see also Review of Part 15 and other Parts of the Commission's Rules, ET Docket No. 01-278, First Report and Order, 17 FCC Rcd 14063, 14068-69 n.45 (2002) (noting that equipment manufactured in this country solely for export is exempt from compliance with the requirements promulgated under Section 302 of the Communications Act); 47 C.F.R. � 2.807 (exempting radiofrequency devices manufactured "solely for export" from the provisions of 47 C.F.R. � 2.803). By the phrase ``capable of operating in the 700 MHz Band,'' we intend to include devices that a user can reprogram, pursuant to the user manual or instructions, to operate in the 700 MHz Band. CTIA and a number of public safety entities support such
    • http://transition.fcc.gov/eb/Orders/2002/DA-02-453A1.html
      • as long as they were sold for export only. NIE also contends that it sold the cordless telephone to the FCC agent thinking that it was being sold for export, because the agent told the salesperson that his address was in Puerto Rico and the salesperson mistakenly believed for export purposes, that Puerto Rico was outside the United States. Section 2.807(b) of the Rules8 exempts devices ``manufactured solely for export'' from the prohibition of Section 2.803(a)(1) which prohibits the marketing of non-compliant devices. However, the exemption only applies to devices that the manufacturer actually exports (emphasis added). NIE was not the manufacturer of the device at issue here. As a retailer, NIE is not entitled to use this exemption. In any
    • http://transition.fcc.gov/eb/Orders/2005/DA-05-1388A1.html
      • the marketing materials that you included with your response, you stated that ``[c]ellular jammers are not authorized and legal for use in the U.S. private sector and will only be sold and registered to DOD, Federal, State, and Local Law Enforcement Agencies. These agencies have been given special disposition by U.S. Federal Law.'' Section 302(c) of the Act and Section 2.807(d) of the Rules4 exempt radio frequency devices for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, contrary to the statement on your websites and in your marketing materials, there is no similar exemption allowing the marketing of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that Sandown
    • http://transition.fcc.gov/eb/Orders/2005/DA-05-2382A1.html
      • therefore, required to be certified12 before being marketed in the United States. 8. Gibson's use of the ``FM Transmitter Certification Form'' appears to be an attempt to circumvent the prohibition on marketing of unapproved radio frequency devices such as the R-FM25B-WT and R-FM100B-WT by placing responsibility for any problems which may result from their use on the buyer. Although Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules, this exemption only applies to devices that the manufacturer actually exports13 and, thus, is not applicable here. Furthermore, the specific language in Gibson's ``FM Transmitter Certification Form,'' in particular the sentence ``I do understand that the product(s) may
    • http://transition.fcc.gov/eb/Orders/2005/DA-05-2998A1.html
      • and repeaters purposely transmit RF energy on these restricted frequencies. 5 See Public Notice, Report No. 2662, released June 25, 2004, regarding RM-11002. 6 See Order In the Matter of Petition for Rulemaking of the Part 15 Regulations and Request for Waiver of the Part 2 Marketing Regulations, RM-11002, FCC 05-136, 20 FCC Rcd. 12256 (2005). 7 See 47 C.F.R. 2.807(d). 8 See 47 C.F.R. 1.80(b)(3). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.doc
    • http://transition.fcc.gov/eb/Orders/2006/DA-06-136A1.html
      • be certified11 before being marketed in the United States. 8. We reject Ramsey's argument that it does not need equipment authorizations for the FM35WT and FM100BWT because it requires buyers in the United States to provide signed statements certifying that the devices ``will be operated in accordance with applicable law of the land for the intended destination of cooperation.'' Section 2.807(b) of the Rules12 exempts devices ``manufactured solely for export'' from the marketing prohibition of Section 2.803(a)(1) of the Rules. This exemption, however, applies only to devices that the manufacturer actually exports.13 Ramsey admits that it does not actually export all of the FM35WT and FM100BWT devices it sells. Rather, it attempts to shift the burden for compliance with the Commission's
    • http://transition.fcc.gov/eb/Orders/2007/DA-07-4874A1.html
      • which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions." The GPS intercept device (which operates in the 1575.42 MHz band) and the 1.2/2.4 GHz wireless camera intentionally transmit RF energy on restricted frequencies. See 47 U.S.C. S: 302(c); 47 C.F.R. S: 2.807(d). See 47 C.F.R. S: 1.80(b)(3). Federal Communications Commission DA 07-4874 2 Federal Communications Commission DA 07-4874 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.doc
    • http://transition.fcc.gov/eb/Orders/2008/DA-08-1202A1.html
      • in the 1450 MHz to 1600 MHz bands, intentionally transmits radio frequency energy on restricted frequencies and is ineligible for certification on this basis as well. Furthermore, your website states that the cell phone jammers you advertise are "[f]or [e]xport [o]nly. USA customers must be authorized Law Enforcement and/or Gov. [sic] Agency approved." Section 302(c) of the Act and Section 2.807(d) of the Rules exempt radio frequency devices intended for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, there is no similar exemption allowing the marketing or sale of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that DPL Surveillance Equipment has violated Section 302(b) of the Act
    • http://transition.fcc.gov/eb/Orders/2008/DA-08-1299A1.html
      • note that Low Power Radio is apparently continuing to assemble and market uncertified equipment on its website, www.ontheair3.com. Specifically, on May 2, 2008, Division staff observed that Low Power Radio was marketing on its website a completely "Assembled" SSTRAN AMT3000 AM Transmitter Kit for $159.95. The website notes that the assembled device is "for use outside of North America." Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules; however, this exemption only applies to devices that the manufacturer actually exports. Thus, Low Power Radio cannot simply rely upon the purchaser to export the device. To the extent that Low Power Radio is not directly exporting the
    • http://transition.fcc.gov/eb/Orders/2008/DA-08-155A1.html
      • the level of which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions." The GPS Blocker (which operates in the 1450 MHz to 1600 MHz bands) intentionally transmits radio frequency energy on restricted frequencies. See 47 U.S.C. S: 302(c); 47 C.F.R. S: 2.807(d). See 47 C.F.R. S: 1.80(b)(3). Federal Communications Commission DA 08-155 2 Federal Communications Commission DA 08-155 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.doc
    • http://transition.fcc.gov/eb/Orders/2009/DA-09-1513A1.html
      • the equipment's compliance with the Commission's technical and administrative rules. As such, Inter Tech was required to obtain certification for the use of the Cybermax name in conjunction with the Broadcast Warehouse amplifiers prior to marketing the devices in the United States. 13. Inter Tech claims that these amplifiers are marketed for "export only," and thus are exempt under Section 2.807(b) of the Rules from the marketing restrictions set forth in Section 2.803(a)(1) of the Rules. This exemption, however, only applies to devices that the manufacturer actually exports. While Inter Tech stated in its Second Response that all marketing materials for these amplifiers contained the disclaimer "export only," the marketing materials provided by Inter Tech in its First Response contained an
    • http://transition.fcc.gov/eb/Orders/2010/DA-10-2290A1.html
      • 47 C.F.R. S: 2.803(e)(4). 47 C.F.R. S: 15.204(d)(1). 47 C.F.R. S: 15.204(d)(2). See 47 C.F.R. S: 2.925. The Rules provide for certain exceptions to the aforementioned requirements, allowing amplifiers to be marketed and sold in certain limited instances to manufacturers and wholesalers, for export, or for use by the Government of the United States. See 47 C.F.R. S:S: 2.803(b), 2.803(d), 2.807(b), 2.807(d). See supra n.3. See Letter from Michelle W. Cohen, Esq., Thompson Hine LLP, counsel for RF Linx, to Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 18, 2009) ("LOI Response"). (...continued from previous page) (continued....) Federal Communications Commission DA 10-2290 2 Federal Communications Commission DA 10-2290 6 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.doc
    • http://transition.fcc.gov/eb/Orders/2011/DA-11-1661A1.html
      • towards each web site that markets signal jamming devices and is affiliated with these persons or entities. 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 15.201(b). 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). We note that the term "consumers," as used herein, refers to individuals, businesses, organizations, and state and local governments, among others. 47 U.S.C. S:S: 154(i), 154(j), 403. We note that each Online Vendor, at a minimum, also has a contact address or business address within the United States. In addition, the Bureau recently received a consumer complaint regarding the online
    • http://transition.fcc.gov/eb/Orders/2011/DA-11-1720A1.html
      • 9776, Plaza Carolina Station, Carolina, PR 00988. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Office South Central Region Enforcement Bureau 47 U.S.C. S: 503(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. S: 302a(c); see also 47 C.F.R. S: 2.807(d). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803(a)(1), 15.201(b). The outside of the signal jamming device sold to the child care center did not contain any identifying information. The manual accompanying the device contained a Spy Gallery inventory sticker, which identified the signal jamming device as model CVSAL-3400. The outside of the signal jamming devices did not contain any identifying
    • http://transition.fcc.gov/eb/Orders/2011/DA-11-1911A1.html
      • C.F.R. S: 2.907(a). 47 C.F.R. S:S: 2.1031 - 2.1060. LOI Response at 1 - 2. Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes 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." Pursuant to section 2.807(b) of the Rules, the section 2.803 requirements do not apply to radio frequency devices manufactured solely for export. 47 C.F.R. S: 2.807(b). See also 47 U.S.C. S: 302a(c). This exemption, however, applies only to devices that the manufacturer actually exports. See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 9020 (Enf. Bur. 2009) (unauthorized FM broadcast
    • http://transition.fcc.gov/eb/Public_Notices/DA-11-249A1.html
      • of Opportunity for Hearing, DA 11-246, (2011) (proposing both revocation and forfeiture liability and directing Shenzhen to respond within 30 days). See Phonejammer.com, Notice of Apparent Liability for Forfeiture, DA 10-669 (2010). See 47 U.S.C. S:S: 301, 302a(b). Two statutory exceptions include manufacture solely for export and use by the U.S. Government. See 47 U.S.C. S: 302a(c); 47 C.F.R. S: 2.807(a)-(d). Marketing is defined 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." 47 C.F.R. S: 2.803(e)(4). See 47 U.S.C. S: 333. See also 47 U.S.C. S:S: 301, 302a(b). See also CONSUMERS BEWARE: It is
    • http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
      • 129,731,515 660,645 196.37 0 0.000 South Carolina 744,544,808 2,387,770 311.82 21,876,647 2.245 South Dakota 135,943,537 428,561 317.21 13,604,361 1.396 Tennessee 947,163,487 3,473,138 272.71 16,121,371 1.654 Texas 3,831,223,786 13,423,873 285.40 101,347,09810.399 Utah 326,208,510 1,213,348 268.85 6,365,437 0.653 Vermont 122,133,201 425,849 286.80 4,442,168 0.456 Virgin Islands 45,609,734 68,283 667.95 18,318,122 1.880 Virginia 1,191,344,902 4,842,685 246.01 3,389,881 0.348 Washington 991,664,316 3,829,104 258.98 27,356,386 2.807 West Virginia 348,771,867 1,040,178 335.30 24,434,699 2.507 Wisconsin 744,395,829 3,507,890 212.21 21,690,526 2.226 Wyoming 136,766,896 310,803 440.04 12,946,597 1.328 Industry 45,263,458,864188,497,257 240.13 974,600,486100.000 3 - 29 Table 3.21 High-Cost Loop Support Percentage Changes from 1999 to 2000 by Jurisdiction Unseparated High-Cost Loop Unseparated Number NTS Revenue Support NTS Revenue of Requirement Payments in Study Area Name Requirement Loops per Loop
    • http://www.fcc.gov/eb/Orders/2002/DA-02-453A1.html
      • as long as they were sold for export only. NIE also contends that it sold the cordless telephone to the FCC agent thinking that it was being sold for export, because the agent told the salesperson that his address was in Puerto Rico and the salesperson mistakenly believed for export purposes, that Puerto Rico was outside the United States. Section 2.807(b) of the Rules8 exempts devices ``manufactured solely for export'' from the prohibition of Section 2.803(a)(1) which prohibits the marketing of non-compliant devices. However, the exemption only applies to devices that the manufacturer actually exports (emphasis added). NIE was not the manufacturer of the device at issue here. As a retailer, NIE is not entitled to use this exemption. In any
    • http://www.fcc.gov/eb/Orders/2005/DA-05-1388A1.html
      • the marketing materials that you included with your response, you stated that ``[c]ellular jammers are not authorized and legal for use in the U.S. private sector and will only be sold and registered to DOD, Federal, State, and Local Law Enforcement Agencies. These agencies have been given special disposition by U.S. Federal Law.'' Section 302(c) of the Act and Section 2.807(d) of the Rules4 exempt radio frequency devices for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, contrary to the statement on your websites and in your marketing materials, there is no similar exemption allowing the marketing of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that Sandown
    • http://www.fcc.gov/eb/Orders/2005/DA-05-2382A1.html
      • therefore, required to be certified12 before being marketed in the United States. 8. Gibson's use of the ``FM Transmitter Certification Form'' appears to be an attempt to circumvent the prohibition on marketing of unapproved radio frequency devices such as the R-FM25B-WT and R-FM100B-WT by placing responsibility for any problems which may result from their use on the buyer. Although Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules, this exemption only applies to devices that the manufacturer actually exports13 and, thus, is not applicable here. Furthermore, the specific language in Gibson's ``FM Transmitter Certification Form,'' in particular the sentence ``I do understand that the product(s) may
    • http://www.fcc.gov/eb/Orders/2005/DA-05-2998A1.html
      • and repeaters purposely transmit RF energy on these restricted frequencies. 5 See Public Notice, Report No. 2662, released June 25, 2004, regarding RM-11002. 6 See Order In the Matter of Petition for Rulemaking of the Part 15 Regulations and Request for Waiver of the Part 2 Marketing Regulations, RM-11002, FCC 05-136, 20 FCC Rcd. 12256 (2005). 7 See 47 C.F.R. 2.807(d). 8 See 47 C.F.R. 1.80(b)(3). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2998A1.doc
    • http://www.fcc.gov/eb/Orders/2006/DA-06-136A1.html
      • be certified11 before being marketed in the United States. 8. We reject Ramsey's argument that it does not need equipment authorizations for the FM35WT and FM100BWT because it requires buyers in the United States to provide signed statements certifying that the devices ``will be operated in accordance with applicable law of the land for the intended destination of cooperation.'' Section 2.807(b) of the Rules12 exempts devices ``manufactured solely for export'' from the marketing prohibition of Section 2.803(a)(1) of the Rules. This exemption, however, applies only to devices that the manufacturer actually exports.13 Ramsey admits that it does not actually export all of the FM35WT and FM100BWT devices it sells. Rather, it attempts to shift the burden for compliance with the Commission's
    • http://www.fcc.gov/eb/Orders/2007/DA-07-4874A1.html
      • which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions." The GPS intercept device (which operates in the 1575.42 MHz band) and the 1.2/2.4 GHz wireless camera intentionally transmit RF energy on restricted frequencies. See 47 U.S.C. S: 302(c); 47 C.F.R. S: 2.807(d). See 47 C.F.R. S: 1.80(b)(3). Federal Communications Commission DA 07-4874 2 Federal Communications Commission DA 07-4874 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4874A1.doc
    • http://www.fcc.gov/eb/Orders/2008/DA-08-1202A1.html
      • in the 1450 MHz to 1600 MHz bands, intentionally transmits radio frequency energy on restricted frequencies and is ineligible for certification on this basis as well. Furthermore, your website states that the cell phone jammers you advertise are "[f]or [e]xport [o]nly. USA customers must be authorized Law Enforcement and/or Gov. [sic] Agency approved." Section 302(c) of the Act and Section 2.807(d) of the Rules exempt radio frequency devices intended for use by the federal government from the general prohibition on marketing of unauthorized equipment. However, there is no similar exemption allowing the marketing or sale of unauthorized radio frequency devices to state and local law enforcement agencies. Accordingly, it appears that DPL Surveillance Equipment has violated Section 302(b) of the Act
    • http://www.fcc.gov/eb/Orders/2008/DA-08-1299A1.html
      • note that Low Power Radio is apparently continuing to assemble and market uncertified equipment on its website, www.ontheair3.com. Specifically, on May 2, 2008, Division staff observed that Low Power Radio was marketing on its website a completely "Assembled" SSTRAN AMT3000 AM Transmitter Kit for $159.95. The website notes that the assembled device is "for use outside of North America." Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules; however, this exemption only applies to devices that the manufacturer actually exports. Thus, Low Power Radio cannot simply rely upon the purchaser to export the device. To the extent that Low Power Radio is not directly exporting the
    • http://www.fcc.gov/eb/Orders/2008/DA-08-155A1.html
      • the level of which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions." The GPS Blocker (which operates in the 1450 MHz to 1600 MHz bands) intentionally transmits radio frequency energy on restricted frequencies. See 47 U.S.C. S: 302(c); 47 C.F.R. S: 2.807(d). See 47 C.F.R. S: 1.80(b)(3). Federal Communications Commission DA 08-155 2 Federal Communications Commission DA 08-155 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-155A1.doc
    • http://www.fcc.gov/eb/Orders/2010/DA-10-2290A1.html
      • 47 C.F.R. S: 2.803(e)(4). 47 C.F.R. S: 15.204(d)(1). 47 C.F.R. S: 15.204(d)(2). See 47 C.F.R. S: 2.925. The Rules provide for certain exceptions to the aforementioned requirements, allowing amplifiers to be marketed and sold in certain limited instances to manufacturers and wholesalers, for export, or for use by the Government of the United States. See 47 C.F.R. S:S: 2.803(b), 2.803(d), 2.807(b), 2.807(d). See supra n.3. See Letter from Michelle W. Cohen, Esq., Thompson Hine LLP, counsel for RF Linx, to Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 18, 2009) ("LOI Response"). (...continued from previous page) (continued....) Federal Communications Commission DA 10-2290 2 Federal Communications Commission DA 10-2290 6 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2290A1.doc
    • http://www.fcc.gov/eb/Orders/2011/DA-11-1661A1.html
      • towards each web site that markets signal jamming devices and is affiliated with these persons or entities. 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803, 15.201(b). 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). We note that the term "consumers," as used herein, refers to individuals, businesses, organizations, and state and local governments, among others. 47 U.S.C. S:S: 154(i), 154(j), 403. We note that each Online Vendor, at a minimum, also has a contact address or business address within the United States. In addition, the Bureau recently received a consumer complaint regarding the online
    • http://www.fcc.gov/eb/Orders/2011/DA-11-1720A1.html
      • 9776, Plaza Carolina Station, Carolina, PR 00988. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent San Juan Office South Central Region Enforcement Bureau 47 U.S.C. S: 503(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. S: 302a(c); see also 47 C.F.R. S: 2.807(d). 47 U.S.C. S: 302a(b). 47 C.F.R. S:S: 2.803(a)(1), 15.201(b). The outside of the signal jamming device sold to the child care center did not contain any identifying information. The manual accompanying the device contained a Spy Gallery inventory sticker, which identified the signal jamming device as model CVSAL-3400. The outside of the signal jamming devices did not contain any identifying
    • http://www.fcc.gov/eb/Orders/2011/DA-11-1911A1.html
      • C.F.R. S: 2.907(a). 47 C.F.R. S:S: 2.1031 - 2.1060. LOI Response at 1 - 2. Marketing, as defined in 47 C.F.R. S: 2.803(e)(4), "includes 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." Pursuant to section 2.807(b) of the Rules, the section 2.803 requirements do not apply to radio frequency devices manufactured solely for export. 47 C.F.R. S: 2.807(b). See also 47 U.S.C. S: 302a(c). This exemption, however, applies only to devices that the manufacturer actually exports. See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 9020 (Enf. Bur. 2009) (unauthorized FM broadcast
    • http://www.fcc.gov/eb/Public_Notices/DA-11-249A1.html
      • of Opportunity for Hearing, DA 11-246, (2011) (proposing both revocation and forfeiture liability and directing Shenzhen to respond within 30 days). See Phonejammer.com, Notice of Apparent Liability for Forfeiture, DA 10-669 (2010). See 47 U.S.C. S:S: 301, 302a(b). Two statutory exceptions include manufacture solely for export and use by the U.S. Government. See 47 U.S.C. S: 302a(c); 47 C.F.R. S: 2.807(a)-(d). Marketing is defined 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." 47 C.F.R. S: 2.803(e)(4). See 47 U.S.C. S: 333. See also 47 U.S.C. S:S: 301, 302a(b). See also CONSUMERS BEWARE: It is
    • http://www.fcc.gov/fcc-bin/audio/DA-05-2382A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2382A1.pdf
      • are, therefore, required to be certified before being marketed in the United States. Gibson's use of the ``FM Transmitter Certification Form'' appears to be an attempt to circumvent the prohibition on marketing of unapproved radio frequency devices such as the R-FM25B-WT and R-FM100B-WT by placing responsibility for any problems which may result from their use on the buyer. Although Section 2.807(b) exempts devices "manufactured solely for export" from the prohibition on marketing of unauthorized equipment set forth in Section 2.803(a) of the Rules, this exemption only applies to devices that the manufacturer actually exports and, thus, is not applicable here. Furthermore, the specific language in Gibson's ``FM Transmitter Certification Form,'' in particular the sentence ``I do understand that the product(s) may