Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No.: EB-09-LA-0160 Pinecomputer ) ) Citation No.: C201032900001 Covina, California ) CITATION Released: December 02, 2009 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: 1. This is an Official Citation issued pursuant to Section 503(b)(5) of the Communications Act of 1934, as amended (“Act”),1 to Pincomputer for violation of Section 302(b) of the Act,2 and Section 2.803(a)(1) of the Commission’s Rules (“Rules”) 3 for marketing unauthorized radio frequency devices in the United States. 2. Investigation by the Enforcement Bureau’s Los Angeles Office revealed that on November 10, 2009, Pinecomputer, located at 740 East Arrow Highway, Covina, California, marketed unauthorized radio frequency devices, specifically model W203CA, 1.2 GHz wireless surveillance cameras, and associated receivers, which have not been certificated for sale or use in the United States. 3. 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.”4 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. . . .”5 Pincomputer’s marketing of these devices violates both of these sections. 4. Violations of the Act or the Commission’s Rules may subject the violator to 1 47 U.S.C. § 503(b)(5). 2 47 U.S.C. § 302a(b). 3 47 C.F.R. § 2.803(a)(1). 4 47 U.S.C. § 302a(b). 5 47 C.F.R. § 2.803(a)(1). Federal Communications Commission 2 substantial monetary forfeitures,6 seizure of equipment through in rem forfeiture action, and criminal sanctions, including imprisonment.7 5. Pinecomputer may request an interview at the closest FCC Office, which is Federal Communications Commission, Los Angeles District Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 90703.8 You may contact this office by telephone, (XXX) XXXX-XXXX to schedule this interview, which must take place within 14 days of this Citation. Pinecomputer may also submit a written statement to the above address within 14 days of the date of this Citation. Any written statements should specify what actions have been taken to correct the violations outlined above. Please reference file number EB-09-LA-0160 when corresponding with the Commission. 6. Any statement or information provided by you may be used by the Commission to determine if further enforcement action is required.9 Any knowingly or willfully false statement made in reply to this Citation is punishable by fine or imprisonment.10 7. IT IS ORDERED that copies of this Citation shall be sent by First Class U.S. Mail and Certified Mail, Return Receipt Requested to Pinecomputer at its address of record. FEDERAL COMMUNICATIONS COMMISSION Nadar Haghighat District Director Los Angeles District Office Western Region Enforcement Bureau 6 47 C.F.R. § 1.80(b)(3). 7 47 U.S.C. §§ 401, 501, 503, 510. 8 47 U.S.C. § 503(b)(5). 9 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3). 10 See 18 U.S.C. § 1001 et seq.