Official Citation for Marketing Unauthorized Jamming Devices
On January 31, 2007, the Federal Communications Commission's Spectrum Enforcement Division issued an official citation to Austin Hilton, President of Hilton, AG, LTD, doing business as Radar Detectors Direct in Arlington, Texas. The citation was issued under File No. EB-05-SE-275 for marketing police radar jamming devices in the United States in violation of Section 302(b) of the Communications Act of 1934 and Sections 2.803 and 15.205 of the Commission's Rules.
The enforcement action focuses on the marketing of two specific models manufactured by Rocky Mountain Radar: the RMR-S201 (also known as the Phazer II) and the RMR-C450.
Investigation and Laboratory Findings
The Spectrum Enforcement Division initiated an inquiry after receiving informal complaints regarding the online marketing of radar jamming devices. Commission staff observed the marketing of both the RMR-S201 and RMR-C450 on www.radar-detectors-direct.com in June 2005 and again in January 2007. Although Radar Detectors Direct contended that the manufacturer claimed the units were not intentional radiators and were FCC certified, laboratory testing revealed otherwise.
The FCC Office of Engineering and Technology (OET) Laboratory obtained device samples directly from Rocky Mountain Radar for testing. The laboratory's technical findings established several rule violations:
- Both the RMR-S201 and RMR-C450 are intentional radiators designed to emit radio frequency signals that intentionally interfere with licensed police radar facilities.
- The RMR-C450 produces a radiated emission in the restricted frequency band at 11.23 GHz, violating 47 C.F.R. § 15.205.
- The radiated emission of the RMR-C450 substantially exceeds the intentional radiator limits established under 47 C.F.R. § 15.209.
- The RMR-C450 was improperly certified under FCC ID QKK-C03 because it was tested and represented as an unintentional radiator rather than an intentional radiator designed to jam radar.
Regulatory Basis and Potential Penalties
Under Section 333 of the Communications Act, no person may willfully or maliciously interfere with licensed radio communications. Because intentional radar jammers are designed to cause interference to licensed police radar services and operate on restricted frequencies, they are ineligible for FCC equipment certification under 47 C.F.R. § 15.201 and cannot be legally marketed or sold under 47 C.F.R. § 2.803.
Concurrently with this citation, the Commission released a Notice of Apparent Liability for Forfeiture (DA 07-299) proposing a $25,000 fine against the manufacturer, Rocky Mountain Radar. The FCC warned Radar Detectors Direct that subsequent violations of marketing regulations could lead to monetary forfeitures of up to $11,000 per violation or per day for continuing violations.
Radar Detectors Direct was provided 30 days to respond by requesting an interview at the Dallas District Office or by submitting a written statement outlining corrective measures.