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 Federal  Communications  Commission  DA  05-  1388 
 May  20,  2005 
 VIA  CERTIFIED  MAIL  RETURN  RECEIPT  REQUESTED 
 Keith  S.  Clark,  President  Sandown  Wireless 
 P.  O.  Box  564  East  Hampstead,  NH  03826 


 Re:  File  No.  EB-  05-  SE-  066  Dear  Mr.  Clark: 
 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  unauthorized  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)  of  the  Commissions  Rules  (  Rules),  47  C.  F.  R.    2.803(  a).  As 
 explained  below,  future  violations  of  the  Commissions  rules  in  this  regard  may  subject  your  company  to  monetary  forfeitures. 


 By  letter  dated  March  15,  2005,  the  Spectrum  Enforcement  Division  of  the  Commissions  Enforcement  Bureau  initiated  an  investigation  into  whether  Sandown  Wireless  (  Sandown)  is  marketing 
 in  the  United  States  unauthorized  radio  frequency  devices,  specifically,  radio  frequency  jammers  which  can  disrupt  communications  on  cellular  and  Personal  Communications  Service  frequencies,  as  well  as 
 other  wireless  radio  services. 
 At  the  time  of  that  letter,  March  15,  2005,  we  observed  on  your  website,  www.  criticalradio.  com,  your  advertisement  for  sale  of  the  following  radio  frequency  devices: 


 1)  CJ7  -  Jams  cellular  and  similar  types  of  mobile  phones  operating  on  the  following  frequency  bands:  860  to  885  MHz,  925  to  965  MHz,  1800  to  1950  MHz,  with  optional 
 jamming  on  the  2100  to  2200  MHz  band.  2)  CJ7A  -  Jams  the  same  frequencies  as  the  CJ7. 
 3)  CJ8A  -  Jams  the  same  frequencies  as  the  CJ7,  plus  Family  Radio  Service  communications  on  the  462.5625  to  467.  7125  MHz  band. 
 4)  CJ9A  -  Jams  the  same  frequencies  as  the  CJ8A.  5)  CJ10A  -  Jams  the  same  frequencies  as  the  CJ8A. 
 6)  TRJ-  89  -  High  power  jammer  that  operates  on  the  same  frequencies  as  the  CJ8A,  except  that  jamming  on  the  2100  to  2200  MHz  band  is  standard  rather  than  optional. 


 FEDERAL  COMMUNICATIONS  COMMISSION  WASHINGTON,  D.  C.  20554 
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 Federal  Communications  Commission  DA  05-  1388 
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 We  received  your  response,  dated  March  26,  2005,  in  which  you  admitted  that  you  marketed  jamming  equipment  on  four  websites  from  January  1,  2005  to  approximately  March  20,  2005.  1  You 
 stated  that  you  marketed  these  devices  to  state  and  local  governments  but  had  not  yet  sold  any  of  the  radio  frequency  jammer  models  described  on  your  websites.  You  also  stated  that  following  receipt  of  our  letter, 
 you  removed  the  advertisements  for  these  products  from  your  websites. 
 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  Commissions  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. 
 Pursuant  to  Section  15.201(  b)  of  the  Rules,  47  C.  F.  R.    15.201(  b),  intentional  radiators  such  as  cell  phone  jammers  must  be  authorized  in  accordance  with  the  FCCs  certification  procedures  prior  to  the  initiation 


 of  marketing  2  in  the  U.  S.  In  response  to  our  question  as  to  whether  the  jammers  you  offered  for  sale  are  certified,  you  responded  that  you  rely  on  the  manufacturer  (Antenna  Systems  and  Supplies)  to  have  their 
 equipment  certified  if  required.  Based  on  your  failure  to  provide  FCC  Identification  numbers  or  other  documentation  showing  that  the  jammers  you  market  have  been  certified,  as  well  as  our  review  of  the 
 Commissions  equipment  authorization  database,  it  appears  that  these  devices  have  not  been  certified.  Moreover,  it  does  not  appear  that  these  devices  are  capable  of  receiving  a  grant  of  certification.  In  this 
 regard,  the  main  purpose  of  cell  phone  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  a  jammer  which  intentionally  interferes  with  radio  communications  is  not  eligible  for  certification.  3 


 On  your  websites  and  in  the  marketing  materials  that  you  included  with  your  response,  you  stated  that  [  c]  ellular  jammers  are  not  authorized  and  legal  for  use  in  the  U.  S.  private  sector  and  will  only  be 
 sold  and  registered  to  DOD,  Federal,  State,  and  Local  Law  Enforcement  Agencies.  These  agencies  have  been  given  special  disposition  by  U.  S.  Federal  Law.  Section  302(  c)  of  the  Act  and  Section  2.  807(  d)  of 
 the  Rules  4  exempt  radio  frequency  devices  for  use  by  the  federal  government  from  the  general  prohibition  on  marketing  of  unauthorized  equipment.  However,  contrary  to  the  statement  on  your  websites  and  in 
 your  marketing  materials,  there  is  no  similar  exemption  allowing  the  marketing  of  unauthorized  radio  frequency  devices  to  state  and  local  law  enforcement  agencies. 


 1  These  four  websites  operated  by  Keith  Clark  (dba  Sandown)  are:  www.  criticalradio.  com, 
 www.  criticalbattery.  com,  www.  criticaltowers.  com,  and  www.  dispatchcomm.  com. 
 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  Furthermore,  Section  2.803(  g)  of  the  Rules  provides  that  radio  frequency  devices  that  could  not  be  authorized  or 
 legally  operated  under  the  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.  47  C.  F.  R.    2.803(  g). 
 4  47  C.  F.  R.    2.  807(  d). 
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 Federal  Communications  Commission  DA  05-  1388 
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 Accordingly,  it  appears  that  Sandown  has  violated  Section  302(  b)  of  the  Act  and  Section  2.803(  a)  of  the  rules  by  marketing  in  the  United  States  the  six  unauthorized  radio  frequency 
 devices  listed  above. 
 If,  after  receipt  of  this  citation,  you  violate  the  Communications  Act  or  the  Commissions  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.  5 
 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  you  are  taking  to  ensure  that  you  do  not  violate  the  Commissions  rules  governing  the  marketing  of  radio  frequency  equipment  in  the  future. 


 The  nearest  Commission  field  office  appears  to  be  the  Boston  District  Office,  in  Quincy,  Massachusetts.  Please  call  Katherine  Power  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: 


 Kathryn  Berthot  Deputy  Chief,  Spectrum  Enforcement  Division 
 Enforcement  Bureau  Federal  Communications  Commission 
 445-  12  th  Street,  S.  W.,  Rm.  7-  C802  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  Berthot  Deputy  Chief,  Spectrum  Enforcement  Division 
 Enforcement  Bureau  Federal  Communications  Commission 


 5  See  47  C.  F.  R.    1.80(  b)(  3). 
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