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September 2, 2005

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

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

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 radiator[^2] 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.]{.underline}** [^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

445-12^th^ 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

[^1]: For 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."

[^2]: An intentional radiator is "A device that intentionally generates
    and emits radio frequency energy by radiation or induction." 47
    C.F.R. § 15.3 (o).

[^3]: *See* 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.

[^4]: *See* 47 C.F.R. § 1.80(b)(3).