![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} April 28, 2005

**[VIA CERTIFIED MAIL]{.underline}**

**[RETURN RECEIPT REQUESTED]{.underline}**

Ming-Hang Ho

Gilsson Technologies

2576 Barrington Court

Hayward, CA 94545

> Re: File No. EB-05-SE-005

Dear Mr. Ho:

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 importing and marketing an unauthorized radio
frequency 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). As explained below,
future violations of the Commission's rules in this regard may subject
your company to monetary forfeitures.

By letter dated March 7, 2005,[^1] the Spectrum Enforcement Division of
the Commission's Enforcement Bureau initiated an investigation into
whether Gilsson Technologies ("Gilsson") is marketing in the United
States unauthorized radio frequency devices, specifically the R-1 and
R-2 Re-Radiator GPS Antennas. You responded by letter dated March 26,
2005.[^2] In your response, you admit that Gilsson began marketing the
R-1 (RA-45) and R-2 (RA-46 or Vortech) Re-Radiator GPS Antennas around
March 2002, and that the devices were available through your website
www.gilsson.com, through eBay.com, and an "antenna" brochure. In
addition, you stated that Gilsson has sold 50 units of R-1 and 100 units
of R-2 Re-Radiator GPS Antennas.[^3] You identified the manufacturer of
the devices as San Jose Navigation, Inc., a company headquartered in
Taipei, Taiwan.

You further stated that Gilsson had assumed that San Jose Navigation had
secured any and all certifications for the R-1 and R-2 Re-Radiator GPS
Antennas, as it did with other GPS related devices. You indicated that
as an importer of finished goods you were not aware of FCC regulations
relating to certification and asserted that you rely solely on the
manufacturers of goods to obtain certifications and approvals prior to
exporting to the United States. In addition, you asserted that Gilsson
had no reason to suspect that San Jose Navigation had not secured
necessary FCC certifications for its extensive exports to the United
States. You acknowledged that the R-1 and R-2 Re-Radiator GPS Antennas
were not certified in accordance with Commission rules.

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.

Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. § 15.201(b),
intentional radiators, such as the R-1 and R-2 Re-Radiator GPS Antennas,
must be authorized in accordance with the FCC's certification procedures
prior to the initiation of marketing in the United States. Moreover, the
R-1 and R-2 Re-Radiator GPS Antennas operate in frequency bands used for
GPS, which are within the restricted frequency bands listed in Section
15.205(a) of the Rules, 47 C.F.R. § 15.205(a). Section 15.205(a) allows
intentional radiators to transmit only spurious emissions[^4] in the
restricted frequency bands. Thus, the R-1 and R-2 Re-Radiator GPS
Antennas apparently cannot comply with the FCC's technical standards and
therefore would not be capable of receiving a grant of equipment
certification. Furthermore, Gilsson admits in its letter of March 26,
2005 that the manufacturer does not hold a certification for the R-1 and
R-2 Re-Radiator GPS Antennas.[^5] Accordingly, it appears that Gilsson
has violated Section 302(b) of the Act and Section 2.803(a) of the Rules
by importing and marketing in the United States unauthorized radio
frequency devices.

Your letter of March 26, 2005 indicates that Gilsson ordered 350 R-1 and
250 R-2 Re-Radiator GPS Antennas on March 1, 2005, and Gilsson expects
the order to be delivered to its warehouse soon. You are cautioned that
the marketing of this shipment would constitute a further violation of
Section 302(b) of the Act and Section 2.803(a) of the Rules.

**[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.]{.underline}** [^6]

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** **San
Francisco Office in Pleasanton, California. Please call Yasin Ozer at
202-418-1210 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:**

> Kathryn Berthot

Deputy Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

445-12^th^ Street, S.W., Rm. 7-C802

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

[^1]: *See* Letter from Kathryn S. Berthot, Deputy Division, Spectrum
    Enforcement Division, Enforcement Bureau, Federal Communications
    Commission, to Ming-Hang Ho, Gilsson Technologies (March 7, 2005).

[^2]: *See* Letter from Ming-Hang Ho, Gilsson Technologies, to Thomas
    Fitz-Gibbon and Yasin Ozer, Spectrum Enforcement Division,
    Enforcement Bureau, Federal Communications Commission (March 26,
    2005) ("Response").

[^3]: You also indicated that Gilsson has permanently removed the R-1
    and R-2 Re-Radiator GPS Antennas from its website.

[^4]: 47 C.F.R. § 2.1 defines spurious emissions as "Emission on a
    frequency or frequencies which are outside the necessary bandwidth
    and 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."

[^5]: Response at 2.

[^6]: *See* 47 C.F.R. § 1.80(b)(3).