Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No.: EB-07-SD-100

Southern California Microwave, Inc. )

2732 Via Orange Way ) Citation No.: C20073294004

Spring Valley, California 91978 )

# CITATION

**Released**: May 22, 2007

By the District Director, San Diego District Office, Western Region,
Enforcement Bureau:

1.  This is an Official Citation issued pursuant to Section 503(b)(5) of
    the Communications Act of 1934, as amended ("Act"),[^1] to Southern
    California Microwave, Inc. for violation of Section 302(b) of the
    Act[^2] and Section 2.803(a)(1) of the Commission's Rules.[^3]

2.  Investigation on April 4, 2007, by the Enforcement Bureau's San
    Diego Office revealed that Southern California Microwave, Inc., had
    offered for sale an uncertified wireless video camera transmitting
    in the 1845 MHz band.

3.  Section 302(b) of the Act states:"\[n\]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 Rules 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: (1) In 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...."
    Sale of this device by Southern California Microwave, Inc. violates
    both sections.

4.  San Diego agents had previously investigated reports from Cingular
    Wireless that the source of harmful radio interference to a PCS
    communications system was a wireless video camera transmitting with
    a center frequency of 1845 MHz. The video camera was located at the
    street light in front of 1320 E. Vineyard Road, Phoenix, AZ. The
    owner of the device advised the agents that the wireless video
    transmitter was purchased from Southern California Microwave, Inc.
    No labels were found on the transmitter unit indicating the
    manufacturer had certified the equipment as required by the Act or
    the Commission's Rules.

5.  Violations of the Act or the Commission's Rules may subject the
    violator to substantial monetary forfeitures,[^4] seizure of
    equipment through *in rem* forfeiture action, and criminal
    sanctions, including imprisonment.[^5]

6.  Pursuant to Sections 4(i), 4(j), and 403 of the Act, Southern
    California Microwave, Inc. is directed to provide the documents and
    information specified herein, within 10 days from the date of this
    Citation:

    a.  Was the wireless video transmitter found at the street light in
        front of 1320 E. Vineyard Road, Phoenix, AZ installed by
        Southern California Microwave, Inc.? Describe the make and model
        of the device.

    b.  Has Southern California Microwave, Inc. sold wireless video
        transmitters of the same make and model? If yes, how many of
        these transmitters are currently in use and their locations?

    c.  Has Southern California Microwave, Inc. sold other non-certified
        transmitters? If so, what are the make and models of these
        units, and how many of these transmitters are currently in use
        and their locations?

7.  Southern California Microwave, Inc. may request an interview at the
    closest FCC Office, which is Federal Communications Commission, 4542
    Ruffner Street, San Diego, CA 92111.[^6] You may contact this office
    by telephone, XXX XXX-XXXX, which must take place within 10 days of
    this Citation. Southern California Microwave, Inc. may also submit a
    written statement to the above address within 10 days of the date of
    this Citation. Any written statements should specify what actions
    have been taken to correct the violations outlined above. Please
    reference the case number EB-07-SD-100 when corresponding with the
    Commission.

8.  Any statement or information provided by you may be used by the
    Commission to determine if further enforcement action is
    required.[^7] Any knowingly or willfully false statement made in
    reply to this Citation is punishable by fine or imprisonment.[^8]

9.  **IT IS ORDERED** that copies of this Citation shall be sent by
    First Class U.S. Mail and Certified Mail, Return Receipt Requested
    to Southern California Microwave, Inc. at its address of record.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> William R. Zears, Jr.
>
> District Director, San Diego District Office
>
> Western Region
>
> Enforcement Bureau
>
> ![](media/image1.wmf){width="6.944444444444445e-4in"
> height="6.944444444444445e-4in"}

[^1]: 47 U.S.C. § 503(b)(5).

[^2]: 47 U.S.C. § 302(b).

[^3]: 47 C.F.R. 2.803(a)(1).

[^4]: 47 C.F.R. § 1.80(b)(3).

[^5]: 47 U.S.C. §§ 401, 501, 503, 510.

[^6]: 47 U.S.C. § 503(b)(5).

[^7]: *See* Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).

[^8]: *See* 18 U.S.C. § 1001 *et seq*.