September 21, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE 212-431-2622
Reuben Weinstein, President
Surveillance-Video.com
387 Canal Street
New York, New York 10013
Re: File No. EB-07-SE-042
Dear Mr. Weinstein:
This is an official CITATION, issued to Surveillance-Video.com
("Surveillance-Video") pursuant to Section 503(b)(5) of the Communications
Act of 1934, as amended ("Communications Act"), 47 U.S.C. S: 503(b)(5),
for marketing in the United States certain wireless cameras and wireless
camera converters, specifically, 10 Watt, 1.2 GHz Cantek Wireless Camera
and Camera Converter Transmitter Receivers ("1.2 GHz wireless camera
transmitter receivers"), that are not eligible to receive a grant of
equipment certification, in violation of Section 302(b) of the
Communication Act, 47 U.S.C. S: 302a(b), and Sections 2.803 and 15.205(a)
of the Commission's rules, 47 C.F.R. S:S: 2.803 and 15.205(a). As
explained below, future violations of the Commission's rules in this
regard may subject your company to monetary forfeitures.
On February 6, 2007, staff in the Enforcement Bureau's Spectrum
Enforcement Division ("Division") visited the internet store for
Surveillance-Video products, www.surveillance-video.com
("Surveillance-Video online store"). The Surveillance-Video online store
listed the 1.2 GHz wireless camera and camera converter for sale with
pre-order links to purchase the devices. Further, the item descriptions
for the wireless camera and camera converter indicated that they transmit
on frequency
1.2 GHz. The 0.960 - 1.215 GHz band is a restricted frequency band under
Section 15.205(a) of the rules that is allocated for aeronautical
navigation use.
On March 13, 2007, the Division issued a letter of inquiry ("LOI") to
Surveillance-Video requesting information as to whether Surveillance-Video
was marketing the 1.2 GHz wireless camera transmitter receivers in the
United States.
In its response to the Division's LOI, Surveillance-Video admitted
marketing the 1.2 GHz wireless camera transmitter receivers at its on-line
store and through its mail-order catalog but indicated that it does not
know the name or location of either the manufacture or the importer of the
devices. Surveillance-Video stated that it began marketing the 1.2 GHz
wireless camera to end users in the summer of 2005 and has sold 500 units.
Further, Surveillance-Video explained that it did not know that the
devices required FCC authorization. Finally, Surveillance-Video noted that
it discontinued marketing and selling the 1.2 GHz wireless camera
transmitter receivers through its on-line store and its mail-order catalog
on March 13, 2007, upon receipt of the Division's inquiry.
Subsequently, on July 11, 2007, the Division staff observed
Surveillance-Video's on-line store and found that the links previously
directing customers to the 1.2 GHz wireless camera transmitter receivers
had been removed.
Section 302(b) of the Communication's 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 to this section." Section 2.803(a)(1) of the
Commission's rules 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 S: 2.925 and other relevant sections in this
chapter.
Additionally, Section 2.803(g) of the Commission's rules provides that:
Devices that could not be operated or legally authorized 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 the Chapter or a special temporary authorization issued by
the Commission.
Pursuant to Section 15.201(b) of the Commission's rules, 47 C.F.R. S:
15.201(b), intentional radiators, such as wireless cameras, must be
authorized in accordance with the FCC's certification procedures prior to
the initiation of marketing in the United States. However, the 1.2 GHz
wireless camera operates within the restricted frequency bands listed in
Section 15.205(a) of the Commission's rules. Thus, the wireless camera
cannot comply with the FCC's technical standards and therefore cannot be
certificated or marketed. Accordingly, it appears that Surveillance-Video
has violated Section 302(b) of the Communications Act and Sections 2.803
and 15.205(a) of the Commission's rules by marketing in the United States
radio frequency devices that are not eligible to receive a grant of
certification.
If, after receipt of this citation, Surveillance-Video violates 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.
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 Commission's Field Office nearest to your place of business, or (2) a
written statement. Your response should specify the actions that
Surveillance-Video is taking to ensure that it does not violate the
Commission's rules governing the marketing of radio frequency devices in
the future.
The nearest Commission field office is the New York Office in New York,
NY. Please call Jacqueline Johnson at 202-418-2871 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 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. S: 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. S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
See Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to
Surveillance-Video.com (March 13, 2007).
See Letter from Reuben Weinstein, President, Surveillance-Video.com to
Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau
(April 16, 2007).
Section 15.205(a) allows intentional radiators to transmit only spurious
emissions in the restricted frequency bands. 47 C.F.R. S: 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." The 1.2 GHz wireless camera purposely transmits RF energy on
restricted frequencies.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 07-3974
2
Federal Communications Commission DA 07-3974
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
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