![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} August 22, 2005

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

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

Alex Wei,

Product Manager

Blitzz Technology, Inc.

53 Parker

Irvine, CA 92618

> Re: File No. EB-04-SE-253

Dear Mr. Wei:

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 marketing unlabeled radio frequency devices 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)(1) of the Commission's
Rules ("Rules"), 47 C.F.R. § 2.803(a)(1). As explained below, future
violations of the Commission's rules in this regard may subject your
company to monetary forfeitures.

By letter dated December 7, 2004, the Spectrum Enforcement Division of
the Commission's Enforcement Bureau initiated an investigation into
whether Blitzz Technology, Inc. ("Blitzz") is marketing in the United
States unauthorized radio frequency devices, specifically, the Super G
Wireless -- 108 Mbps 802.11g Wireless PCI Adaptor, model number BWI 715
("model number BWI 715 wireless adaptor"). This letter was in response
to a complaint alleging that the model number BWI 715 wireless adaptor
did not appear to have an FCC ID posted on the unit or on the packaging
and was being sold to consumers by Wal-Mart.

At the time of that letter, we confirmed from your website,
www.blitzzusa.com, and from the Wal-Mart website, www.walmart.com, that
the model number BWI 715 wireless adaptor was being offered for sale in
the United States.

In response to our letter of inquiry, you sent us a letter dated
February 1, 2005 (envelope postmarked May 2, 2005). In this letter you
claimed that the device does have a valid FCC certification, FCC ID
number KA22003070025-1, which was granted to D-Link Corporation
("D-Link"). You also provided a copy of a letter from D-Link authorizing
Blitzz to use D-Link's FCC ID for your BWI-715 wireless adaptor. The
letter from D-Link also stated that this device is identical in all
respects to the original, certified equipment. You did not deny that the
wireless adaptor sold by Blitzz did not have the proper labeling
described in Section 2.925(a)(1), 47 C.F.R. § 2.925(a)(1), and required
prior to marketing by Section 2.803(a)(1) of the Rules, 47 C.F.R. §
2.803(a)(1). You said that you have stopped the importation of this
device and will not import it in the future, but you did not indicate if
you intended to label, or otherwise cease marketing, any unlabeled
inventory that may still remain in your possession within the U.S. We
caution you that the marketing of any remaining inventory of unlabeled
wireless adaptors would constitute a further violation of Section 302(b)
of the Act and Section 2.803(a) of the 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.

Accordingly, it appears that Blitzz has violated Section 302(b) of the
Act and Section 2.803(a)(1) of the Rules by marketing in the United
States the unlabeled radio frequency devices listed above.

**[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}** [^1]

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 Cerritos, California. Please call Gabriel Collazo at
202-418-1160 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:**

> Brian Butler

Assistant Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

445-12^th^ Street, S.W., Rm. 7-A629

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* 47 C.F.R. § 1.80(b)(3).