![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} May 27, 2008

**[VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED]{.underline}**

**[AND FACSIMILE AT 775-249-9320]{.underline}**

Monty Henry, Owner

DPL Surveillance Equipment

18345 Kittridge Street #12

Reseda, California 91335-6164

> Re: File No. EB-08-SE-203

Dear Mr. Henry:

This is an official **CITATION**, issued pursuant to Section 503(b)(5)
of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. §
503(b)(5), for marketing unauthorized radio frequency devices in the
United States in violation of Section 302(b) of the Act, 47 U.S.C. §
302a(b), and Sections 2.803 and 15.205(a) of the Commission's Rules
("Rules"), 47 C.F.R. §§ 2.803 and 15.205(a), and for failing to fully
respond to Enforcement Bureau directives to provide certain information
and documents. As explained below, future violations of the Commission's
rules in this regard may subject your company to monetary forfeitures.

By letter of inquiry ("LOI") dated May 16, 2008, the Spectrum
Enforcement Division of the Commission's Enforcement Bureau initiated an
investigation into whether DPL Surveillance Equipment is marketing in
the United States unauthorized radio frequency devices, specifically,
cell phone jammers, wireless device jammers and GPS jammers.

At the time of that letter, May 16, 2008, we observed on your website,
www.DPL-Surveillance-Equipment.com, your marketing of the following
radio frequency devices:

1.  GSM Mobile Phone Jammer

2.  Portable Cell Phone Jammer (900Mw)

3.  Cell Phone Jammer (32w)

4.  Desk-Top Cell Phone Jammer/Blocker Ultra-High Power (160w)

5.  Portable Video/Wi-Fi Jammer (900Mw)

6.  Anti-Tracker/GPS Blocker

We received your response dated May 19, 2008, in which you admit to
marketing these devices beginning on or about January 15, 2008. In your
response, you state that you sold one unit of the Portable Cell Phone
Jammer (900Mw) to a Chicago, Illinois police officer. You also state
that you have sold multiple units of the Anti-Tracker/GPS Blocker but
provided information only for "some" of the purchasers. You state that
you have not sold any units of the GSM Mobile Phone Jammer, Cell Phone
Jammer (32w) and the Desk-Top Cell Phone Jammer/Blocker Ultra-High Power
(160w). However, you failed to address whether you have sold units of
the Portable Video/Wi-Fi Jammer (900Mw). You state that you do not stock
the cell phone or video jammers and do not manufacture the devices.

Moreover, your response did not address all the questions set forth in
the May 16, 2008 LOI. Your response did not provide, *inter alia*: (1)
the manufacturer for any device; (2) whether you import each device; (3)
copies of marketing materials for each device; and, (4) for the GPS
Blocker and Video/Wi-Fi Jammer, the total number of units distributed in
the United States. In addition, your response was not supported by an
affidavit or declaration signed under penalty of perjury, as directed by
the LOI.

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.

Additionally, Section 2.803(g) of the Rules, 47 C.F.R. § 2.803(g),
provides in pertinent part that:

\[R\]adio frequency devices that could not be authorized or legally
operated under the current rules ... shall not be operated, advertised,
displayed, offered for sale or lease, sold or leased, or otherwise
marketed absent a license issued under part 5 of this chapter or a
special temporary authorization issued by the Commission.

Pursuant to section 15.201(b) of the Rules, 47 C.F.R. § 15.201(b),
intentional radiators[^1] must be authorized in accordance with the
Commission's certification procedures prior to the initiation of
marketing[^2] in the United States. It does not, however, appear that
the jamming devices marketed on your website are capable of receiving a
grant of certification. In this regard, the main purpose of cell phone,
GPS and other wireless jammers is to block or interfere with radio
communications. Such use is clearly prohibited by section 333 of the
Act, 47 U.S.C. § 333, which states that "\[n\]o person shall willfully
or maliciously interfere with or cause interference to any radio
communications of any station licensed or authorized by or under this
Act or operated by the United States Government." Thus, a device such as
a jammer which intentionally interferes with radio communications is not
eligible for certification.

With respect to the GPS Blocker, Section 15.205(a) of the Rules allows
intentional radiators to transmit only spurious emissions in the
restricted frequency bands.[^3] Thus, the GPS Blocker, which operates 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[^4] 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 and Sections 2.803 and 15.205(a) of the Rules
by marketing in the United States the unauthorized radio frequency
devices listed on its website.

Furthermore, Sections 4(i), 4(j), and 403 of the Act,[^5] afford the
Commission broad authority to investigate the entities it regulates.
Section 4(i) authorizes the Commission to "issue such orders, not
inconsistent with this Act, as may be necessary in the execution of its
functions." Section 4(j) states that "the Commission may conduct its
proceedings in such manner as will best conduce to the proper dispatch
business and to the ends of justice." Section 403 grants the Commission
"full authority and power at any time to institute an inquiry, on its
own motion, in any case and as to any matter or thing concerning which
complaint is authorized to be made, to or before the Commission by any
provision of this Act, or concerning which any question may arise under
any of the provisions of this Act." Pursuant to this authority, we sent
you the May 16, 2008 LOI directing you to provide certain information
and documents. Your response email indicates that you received the LOI.
However, your response failed to address all the questions set forth in
the LOI. Accordingly, it appears DPL Surveillance Equipment violated a
Commission order by failing to respond to Enforcement Bureau directives
to provide certain information and documents.

A party may not ignore the directives in a Bureau inquiry letter.[^6]
You are again ordered, pursuant to Sections 4(i), 4(j), and 403 of the
Act, to provide the information sought by our May 16, 2008 LOI. You must
provide this information in the manner indicated therein within 20 days
of the date of this citation.

**[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}** [^7]

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 Los Angeles
District Office, in Los Angeles, California. Please call Zachary
Rothstein at 202-418-0608 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

Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

445-12^th^ Street, S.W., Rm. 3-C366

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

> Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

[^1]: Section 15.3(o) of the Rules defines an "intentional radiator" as
    a "device that intentionally generates and emits radio frequency
    energy by radiation or induction." 47 C.F.R. § 15.3(o).

[^2]: Section 2.803(e)(4) of the Rules defines "marketing" as the "sale
    or lease, or offering to 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).

[^3]: 47 C.F.R. § 2.1 defines spurious emissions as "\[e\]missions 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."

[^4]: 47 C.F.R. § 2.807(d).

[^5]: 47 U.S.C. §§ 154 (i), 154 (j) and 403.

[^6]: *See, e.g.,* *SBC Communications, Inc.,* Forfeiture Order, 17 FCC
    Rcd 7589, 7591 (2002). In *SBC Communications, Inc.*, the Commission
    imposed a \$100,000 forfeiture against a carrier for its willful
    refusal to supply a sworn declaration in response to an Enforcement
    Bureau letter of inquiry. The Commission stated, "\[T\]he order here
    was squarely within the Commission's authority and, in any event,
    parties are required to comply with Commission orders even if they
    believe them to be outside the Commission's authority." *Id.* at
    7591.

[^7]: *See* 47 C.F.R. § 1.80(b)(3).