Federal Communications Commission DA 07-2994
  
July 9, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lance McCuistion, d/b as
LM Services and
Scorpion Jammer Technology
1224 West 96th Avenue
Thornton, CO 80260-5467
Re: File No. EB-05-SE-253
Dear Mr. McCuistion:
This is an official CITATION, issued to Mr. Lance McCuistion, d/b as LM Services and 
Scorpion Jammer Technology (Scorpion) pursuant to Section 503(b)(5) of the Communications Act of 
1934, as amended (Act)1 for marketing unauthorized radio frequency devices in the United States, 
specifically, the Scorpion Ultimate KA Jammer and Scorpion Jammer devices,2 in violation of Section 
302(b) of the Act,3 and Section 2.803 of the Commissions Rules (Rules).4  In addition, you have failed 
to respond to directives of the Enforcement Bureau to provide certain information and documents. As 
explained below, future violations of the Commissions rules may subject your company to monetary 
forfeitures.
On June 14, 2005, December 15, 2006, and January 25, 2007, staff from the Spectrum 
Enforcement Division observed on your website, www.scorpionjammers.com, that Scorpion was 
marketing5 the above-listed radio frequency devices. On July 2, 2007, staff from the Spectrum 
Enforcement Division observed that Scorpion was marketing the above-listed radio frequency devices on 
another website, www.activejammers.com.
  
1 47 U.S.C.  503(b)(5).
2 Our information indicates that Scorpion may have discontinued manufacturing and marketing radio frequency 
devices designated as the Phantom RCD and the Phantom RDC XP.  If  Scorpion is continuing to market the 
Phantom RCD and/or the Phantom RCD XP, this citation also applies to those devices. 
3 47 U.S.C.  302a(b).
4 47 C.F.R.  2.803.
5 Marketing is defined as sale or, or offering for 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).
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
Federal Communications Commission DA 07-2994
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By Letter of Inquiry (LOI) dated September 1, 2005,6 the Spectrum Enforcement Division of 
the Enforcement Bureau initiated an investigation into whether Scorpion is manufacturing and marketing 
in the United States unauthorized radio frequency devices, specifically, police radar jammers.7  In 
response to our LOI, we received a letter from Max McCuistion in which he stated that Lance McCuistion
is Scorpions sole proprietor and that Lance McCuistion conducts all business operations.8 The response 
also stated that any further request for information would have to be addressed to Lance McCuistion at 
Scorpion Jammer Technology, 1224 West 96th Avenue, Thornton, Colorado 80260. On February 5, 
2007, the Spectrum Enforcement Division sent a second LOI to Scorpion,9 addressed to Lance 
McCuistion at the address provided by Max McCuistion. The February 5, 2007, LOI directed Scorpion to 
provide the answers to specific questions concerning its equipment and to provide samples of its devices 
for testing. Scorpion has neither provided a response to the questions posed, nor provided samples of the 
specified devices.  United States Postal Service records show that the February 5, 2007, LOI was 
delivered to your address on February 10, 2007.
Section 302(b) of the Act provides that [n]o person shall  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,10 provides that:
[N]o 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,11 intentional radiators must ordinarily be authorized in 
accordance with the certification procedure prior to marketing in the United States.  It does not, however,
appear that the jammer devices identified above are capable of receiving a grant of certification.  In this 
  
6 Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, to Max McCuistion, Scorpion 
Jammer Technology  (September 1, 2005).  
7 Based on your website, it appears that you have manufactured similar devices in the past:
We are the manufacturer of the Phantom RCD, Phantom XP and Scorpion Active Radar 
Jammers.  Lance McCuistion has been involved in the production of these units since they started 
out being made by Phantom Technology in 1996.  Lance acquired the sole rights to keep 
producing the active radar jamming product called the Phantom after Phantom Technology 
went out of business.  Now we have upgraded the old technology to manufacture the most 
powerful jammer yet capable of beating the new digital radar guns that have hit todays highways 
called the Scorpion.
However, we currently do not have sufficient evidence to confirm the manufacture of the noted models.
8 Letter from Max McCuistion, Customer Service, Scorpion Jammer Technology, to Federal Communications 
Commission (Letter undated, received September 26, 2005).
9 Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, to Lance 
McCuistion, Scorpion Jammer Technology  (February 5, 2007).  
10 47 C.F.R.  2.803(a)(1).
11 47 C.F.R.  15.201(b).
Federal Communications Commission DA 07-2994
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regard, the stated purpose of police radar jammers is to block or interfere with licensed police 
communication.  Such use is clearly prohibited by Section 333 of the Act,12 which prohibits any person 
from willfully or maliciously interfering with or causing interference to any radio communications of any 
station licensed or authorized by the Commission.  Thus, devices such as police radar jammers that 
intentionally interfere with licensed radio communications are not eligible for certification. Further, 
Section 2.803(g) of the Rules13 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.
Sections 4(i), 4(j), and 403 of the Act,14 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 
LOIs (copies enclosed) directing you to provide certain information and documents on September 1, 
2005, and February 5, 2007.  A representative of Scorpion, Max McCuistion, submitted an incomplete 
response to the September 1, 2007, LOI. As of this date, we have received no response to the February 5, 
2007, LOI. Your partial response indicates that you received the first LOI.  The certified mail tracking 
system provided by the United States Post Office indicates that you received the second LOI.  
Accordingly, we find that you violated Commission orders by failing to respond fully to Enforcement 
Bureau directives to provide certain information and documents.
The record before us indicates that Scorpion apparently is and has been marketing the Scorpion 
Ultimate KA Jammer and Scorpion Jammer devices. Accordingly, it appears that Scorpion has violated 
Section 302(b) of the Act and Section 2.803 of the Rules by marketing the devices, which are not eligible 
for a grant of equipment certification because they are intended to interfere with licensed police radar, in 
violation of Section 333 of the Act.  Furthermore, Scorpion apparently violated Commission orders 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.15 You are again ordered, 
pursuant to Sections 4(i), 4(j) and 403 of the Act, to provide the information sought by our letter of 
February 5, 2007.  You must provide this information within 14 days of the date of this citation.  If sent 
by mail, this information should be sent to Susan Stickley, Spectrum Enforcement Division, Enforcement 
  
12 47 U.S.C.  333.
13 47 C.F.R.  2.803(g).  
14 47 U.S.C.  154 (i), 154 (j) and 403.
15 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002).  In SBC Communications, 
the Commission assessed 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 Commissions authority and, in any event, parties are required to comply with Commission orders even if 
they believe them to be outside the Commissions authority.  Id. at 7591.
Federal Communications Commission DA 07-2994
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Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 3-A463, Washington, D.C. 
20554.  Scorpion must also transmit a copy of this information via facsimile to 202-418-7290.
If, after receipt of this citation, Scorpion violates the Communications Act or the 
Commissions rules in any manner described herein, including the continued marketing of police 
radar jammer devices and the continued failure to respond to the letter of inquiry issued by the 
Spectrum Enforcement Division, the Commission may impose monetary forfeitures not to exceed 
$11,000 for each such violation or each day of a continuing violation.16
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 Commissions Field Office nearest to your place of business, 
or (2) a written statement.  Your response should specify the actions that Scorpion is taking to ensure that 
it does not violate the Commissions rules governing the manufacturing and marketing of police radar 
jamming devices in the future.
Your nearest Commission field office is the Denver Field Office. Please call Susan Stickley
at 202-418-0871 if you wish to schedule a personal interview. You should schedule any interview to 
take place within 14 days of the date of this letter.  You should send any written statement within 14
days of the date of this letter to: 
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12th 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 
Commissions 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 Commissions 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 S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Enclosures
  
16 See 47 C.F.R.  1.80(b)(3).