Federal Communications Commission DA 12-1593
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
John A. Bering
Craigslist PostingIDs 3048376093, 3118792895, 
3249078140, 3152276537, 3151207916
Cincinnati Craigslist (Ohio)
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File No.:  EB-SED-12-00004463
CITATION AND ORDER
ILLEGAL MARKETING AND OPERATION OF SIGNAL JAMMING DEVICE
Adopted:  October 15, 2012 Released:  October 15, 2012
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
I. INTRODUCTION
1. This is an official CITATION AND ORDER (Citation) issued pursuant to Section 
503(b)(5) of the Communications Act of 1934, as amended (Communications Act),1 to John A. Bering 
(Mr. Bering or “you”) for marketing illegal signal jamming devices (jamming device or jammer) by 
repeatedly posting classified advertisements for the devices on Craigslist.org2 in willful and repeated 
violation of Section 302(b) of the Communications Act3 and Sections 2.803 and 15.201(b) of the Federal 
Communications  Commission (Commission or FCC) rules (Rules).4 The Citation also finds that Mr. 
Bering operated an illegal jamming device in violation of Sections 301, 302, and 333 of the 
Communications Act.5
2. Jamming devices, such as cell phone jammers and GPS blockers, pose serious risks to 
critical public safety communications and can prevent individuals from making 9-1-1 and other 
emergency calls.  Jammers can also interfere with law enforcement communications. You should take 
immediate steps to come into compliance and to avoid any recurrence of this misconduct. For example, 
any operation of the signal jammer must cease immediately, and you are strongly encouraged to 
voluntarily relinquish the illegal jamming devices.  You also may not advertise jamming devices for sale 
to any consumer in the United States through Craigslist or through any other means.  
  
1 47 U.S.C. § 503(b)(5).
2 See http://cincinnati.craigslist.org/ele/3048376093.html dated June 6, 2012 (last visited Sept. 10, 2012).  
Craigslist.org (Craigslist) is a website with classified ads and forums devoted to jobs, housing, personals, goods, 
services, and local activities.  See http://www.craigslist.org/about/factsheet (last visited Oct. 4, 2012). 
3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 15.201(b).
5 47 U.S.C. §§ 301, 302, 333; see also 47 C.F.R. § 15.1(c).
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3. We emphasize that the mere posting of a jamming device for sale on Craigslist or any 
other online site or bulletin board targeting U.S. consumers contravenes federal law.  Consistent with this 
federal prohibition, Craigslist expressly bars the sale and advertisement of signal jamming devices on its 
site.6 Therefore, you have not only violated federal law, but also contravened the contractual agreement 
that governs your use of Craigslist.  We will forward a copy of this Citation to Craigslist for any action it 
may find appropriate under the Craigslist Terms of Use. 
4. As explained below and as provided in the Communications Act, future violations of the 
Rules in this regard may subject you to substantial monetary penalties, seizure of equipment, and criminal 
sanctions.  Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,7 we also direct you to: 
? confirm within fifteen (15) calendar days after the release date of this Citation that you have 
ceased marketing and operating any jamming device; 
? provide information concerning the source(s) from which you purchased or received the 
jamming devices you advertised on Craigslist as well as any other jamming devices you may 
have, or previously may have had, in your possession; and
? provide information concerning any jammer sales that you may have made.      
II. BACKGROUND
5. On various dates between June and September 2012, the Spectrum Enforcement Division 
of the Enforcement Bureau (Bureau) through its market surveillance efforts observed advertisements for   
jamming devices on Craigslist.8 One of the advertisements was titled “Cell phone jammers - $75 
(Colerain)” and read:  
great for the movies don’t be botherd again with a cell phone lite in your eyes from             
someone in front of you when you want to watch the movies will trade or sell it is new 
works great have two want to sell or trade one most put Jammer in the subject line for a 
answer back [sic].9
6. Bureau staff subsequently responded to the Craigslist posting via email and inquired 
about the jamming devices.10 Mr. Bering replied to this email inquiry, confirming that a jammer was for 
sale.11 In addition, in a further email, Mr. Bering noted the effective operational range of the jamming 
device, based on his experience operating the device.12  
  
6 See Craigslist Terms of Use, http://www.craigslist.org/about/terms.of.use (last visited July 31, 2012).
7 47 U.S.C. §§ 154(i), 154(j), 403.
8 See, e.g., http://cincinnati.craigslist.org/ele/3048376093.html dated May 31, 2012 (last visited Sept. 10, 2012).  
The record indicates that similar advertisements were posted on multiple dates, including July 20, July 24, August 
18, and September 8, 2012.  Samples of the illegal advertisements are attached hereto as Appendix A.
9 Id.
10 Email to John Bering (July 24, 2012, 12:16:00 EST) (on file in EB-SED-12-00004463).
11 Email from John Bering (July 24, 2012, 12:17:00 EST) (on file in EB-SED-12-00004463) (Bering Email First 
Reply).
12 Email from John Bering (July 24, 2012, 18:44:00 EST) (on file in EB-SED-12-00004463) (Bering Email Second 
Reply).
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III. APPLICABLE LAW AND VIOLATIONS
A. Marketing and operation of jammers prohibited by federal law
7. Federal law prohibits the advertising, sale, and operation of jamming devices in the 
United States and its territories.  Section 301 of the Communications Act prohibits the use or operation of 
“any apparatus for the transmission of energy or communications or signals by radio” within the United 
States unless such use is licensed or authorized.13 Section 333 of the Communications Act 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.”14 In addition, Section 302(b) of the Communications 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.”15
8. The applicable implementing regulations for Section 302(b) are set forth in Sections 
2.803, 15.201, and 15.3(o) of the Rules.16 Section 2.803(a)(1) of the Rules 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.17  
Additionally, Section 2.803(g) of the Rules provides in relevant 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.18  
9. Pursuant to Section 15.201(b) of the Rules,19 intentional radiators20 like jamming devices 
cannot be marketed in the United States or its territories unless they have first been authorized in 
accordance with the Commission’s certification procedures.  Section 2.803(e)(4) of the Rules defines 
“marketing” as the “sale or lease, 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.”21
  
13 47 U.S.C. § 301.
14 Id. § 333.
15 Id. § 302a(b).
16 47 C.F.R. §§ 2.803, 15.201, 15.3(o).
17 Id. § 2.803(a)(1) (emphasis added).
18 Id. § 2.803(g) (emphasis added).
19 Id. § 15.201(b).
20 An “intentional radiator” is a “device that intentionally generates and emits radio frequency energy by radiation or 
induction.”  Id. § 15.3(o).
21 Id. § 2.803(e)(4).
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10. Jamming devices, however, cannot be certified or authorized because their primary 
purpose is to block or interfere with authorized radio communications.  Thus, jamming devices such as 
those offered on Craigslist by Mr. Bering cannot comply with the FCC’s technical standards and therefore 
cannot be marketed lawfully in the United States or its territories.22
B. Illegal signal jammer advertisement on Craigslist
11. The evidence indicates that Mr. Bering was illegally marketing jamming devices to 
consumers in the United States.  As noted above, beginning on June 6, 2012, Mr. Bering advertised cell 
phone jammers on Craigslist.23 In fact, the Bureau’s investigation revealed that Mr. Bering is a frequent 
poster of jamming devices on Craigslist, posting no less than five different jammer advertisements over 
the last few months and as recently as September 8, 2012.  Craigslist is a classified advertisements 
website, generally involving an online listing for a product or service followed by an email or telephone 
exchange and an in-person meeting between the buyer and seller.24 Craigslist users are prohibited from 
posting advertisements to multiple geographic areas.25 Consistent with this policy, Mr. Bering posted his 
jammer advertisements on one of more than 300 local sites on Craigslist—the Cincinnati, Ohio site, 
available at http://cincinnati.craigslist.org.  These illegal online offers for sale were repeated in email 
correspondence with Bureau staff, where Mr. Bering confirmed that he was still marketing the jammers.26   
12. We note that both the Craigslist Terms of Use and the Craigslist Prohibited Items List 
prohibit the sale and advertisement of cell phone jammers, GPS blockers, and other signal jamming  
devices. The Craigslist Terms of Use states:  “Content prohibited from craigslist includes but is not 
limited to: . . . content in facilitation of the creation, advertising, distribution, provision or receipt of 
illegal goods or services.”27 The Craigslist Prohibited Items List then applies this policy directly to signal 
jamming devices, noting that “[i]llegal telecommunications equipment, including . . . signal jamming 
devices,” is “not permitted on craigslist.”28
  
22 In very limited circumstances and consistent with applicable procurement requirements, individuals and/or entities 
may market jamming devices to the U.S. federal government for authorized, official use. See 47 U.S.C. § 302a(c); 
47 C.F.R. § 2.807(d).
23 See Appendix A.  
24 See Craigslist Terms of Use, Section 4a, Postings, http://www.craigslist.org/about/terms.of.use (last visited July 
31, 2012) (noting that “craigslist is intended and designed as a local service.”).  Craigslist permits an individual to 
post free classified advertisements for goods and services, and through its anonymize email feature, facilitates 
communications between the seller and the potential buyer.  See http://www.craigslist.org/about/anonymize (last 
visited Aug. 9, 2012) (stating that if a seller selects the anonymize feature, the posting will display a Craigslist email 
address and that Craigslist will relay any messages sent to that address to the seller’s email address).
25 See Craigslist Terms of Use, Section 4a, Postings, http://www.craigslist.org/about/terms.of.use (last visited July 
31, 2012) (noting also that “a user may post content only to the single specific geographic area offered on craigslist 
(see http://www.craigslist.org/about/sites) for which that content is most relevant” and that “[t]he same or 
substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular 
message or a particular comment) may not be posted to or communicated via more than one such geographic area. 
Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on 
craigslist.”).
26 See Bering Email First Reply and Bering Email Second Reply (on file in EB-SED-12-00004463).
27 See Craigslist Terms of Use, Section 3a, Content, http://www.craigslist.org/about/terms.of.use (last visited July 
31, 2012).
28 See http://www.craigslist.org/about/prohibited.items (emphasis added) (last visited July 30, 2012), attached hereto 
as Appendix B.
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13. Accordingly, we find that Mr. Bering has willfully and repeatedly violated Section 302(b) 
of the Communications Act and Sections 2.803 and 15.201(b) of the Rules by marketing in the United 
States radio frequency devices that are not eligible for certification.  We therefore issue this Citation to 
Mr. Bering for violating the Communications Act and the Rules as discussed above.  Jamming devices 
pose significant risks to public safety and potentially compromise other radio communications services.  
Mr. Bering should take immediate steps to ensure that he does not continue to market jamming devices in 
the United States or its territories, including on Craigslist. 
C. Unlawful operation of signal jamming device
14. Mr. Bering also admitted to operating one of the jamming devices at issue in the 
Craigslist posting.29 As detailed above, the operation of a jammer by an individual consumer, even on 
private property, is per se unlawful.  This means that it is illegal for a consumer to use a jammer on mass 
transit (e.g., train, bus) or in a residence, vehicle, school, theater, restaurant or in any other public or 
private place.  We therefore find that Mr. Bering has illegally operated a jamming device in violation of 
Sections 301, 302(b), and 333 of the Communications Act.  Operation of this device or any other 
jamming device must cease immediately.30
15. We are increasingly concerned that individual consumers who operate jamming devices 
do not appear to understand the potentially grave consequences of using a jammer.  Instead, these 
operators incorrectly assume that their illegal operation is justified by personal convenience or should 
otherwise be excused.  For example, many of Mr. Bering’s advertisements tout the use of a jammer in a 
movie theater.  The advertisements do not, however, mention the risk associated with using a jammer in 
such a public place, leaving patrons unable to call for help in case of an emergency.  While we previously 
have issued warnings to such operators in the first instance—primarily because non-monetary penalties 
historically have proven effective in deterring unlawful operation by individuals—we are not required to 
do so.  We are mindful of the serious risks posed by jamming devices and the apparent need to provide 
greater incentives for individual operators to cease the operation, importation, and sale of jamming 
devices altogether. Therefore, we caution you and other potential violators that going forward, and as 
circumstances warrant, we intend to impose substantial monetary penalties, rather than (or in addition to) 
warnings, on individuals who operate a jammer.31 Furthermore, the issuance of the instant Citation does 
not preclude the Commission from taking additional enforcement action in this case.
16. We again emphasize that if any jamming devices remain within your possession or 
control, you are strongly urged to contact the Bureau to arrange to voluntarily relinquish the jammers.  
Except for the very limited context of authorized, official use by the federal government, jamming 
devices have no legal use in the United States.  The Bureau’s contact information is provided in paragraph 
20 below.
IV. FUTURE COMPLIANCE
17. If after receipt of this Citation, Mr. Bering violates the Communications Act or the Rules 
by marketing or operating an unauthorized radio frequency device within the United States or its 
  
29 See supra text accompanying note 12.  (Specifically, Mr. Bering stated that he operated a jamming device at his 
house and found that its effective range was up to 80 feet.) 
30 See 47 C.F.R. § 15.5(c).
31 The illegal use of a signal jamming device within the United States may be reported to the FCC at 
http://www.fcc.gov.complaints.  For Frequently Asked Questions and other information regarding the illegal 
marketing or use of cell phone jammers, GPS blockers, and other signal jamming devices, please consult the FCC’s 
jammer enforcement webpage at http://www.fcc.gov/jammers.
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territories or otherwise engaging in conduct of the type described herein, the Commission may impose 
monetary forfeitures of up to $16,000 for each such violation or, in the case of a continuing violation, the 
Commission may impose monetary forfeitures of up to $16,000 for each day of such continuing violation 
up to a maximum forfeiture of $112,500 for any single act or failure to act.32 For instance, the 
Commission could impose separate forfeitures for each signal jammer sold and/or for each day on which 
a signal jammer is operated, advertised, or otherwise offered for sale. Violations of the Communications 
Act or the Rules can also result in seizure of equipment through in rem forfeiture actions,33 as well as 
criminal sanctions, including imprisonment.34
18. In addition to providing the required information described in paragraph 22 below, you 
may respond to this Citation either through (1) a personal interview at the closest FCC office, which must 
take place within thirty (30) calendar days of the release date of this Citation, or (2) submission of a 
written statement, within fifteen (15) calendar days after the release date of this Citation.  Any written 
statement should specify the actions you have taken to ensure that you do not violate the Communications 
Act or the Rules governing the marketing or operation of jamming devices in the future.  Please reference 
file number EB-SED-12-00004463 when corresponding with the Commission. 
19. Under the Privacy Act of 1974, any statement or information you provide may be used by 
the Commission to determine if further enforcement action is required.35  Section 1.17 of the Rules also 
requires that you provide truthful and accurate statements to the Commission.36  Any knowingly or 
willfully false statement, or concealment of any material fact, made in reply to this Citation is punishable 
by fine or imprisonment.37  
V. CONTACT INFORMATION
20. The closest FCC office is the Chicago, Illinois office.  You may contact the Spectrum 
Enforcement Division by telephone, 202-418-1160, to schedule an interview, which must take place 
within thirty (30) calendar days after the release date of this Citation.  You should send any written 
statement within fifteen (15) calendar days after the release date of this Citation to:
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12th Street, SW, Rm. 3-C366
Washington, DC  20554
  
32 See 47 U.S.C. § 503; 47 C.F.R. § 1.80(b)(3).  These amounts are subject to further adjustment for inflation and the 
forfeiture amount applicable to any violation will be determined based on the statutory amount designated at the 
time of the violation.  See 47 C.F.R. § 1.80(b)(5).
33 See 47 U.S.C. § 510.
34 See id. §§ 401, 501.
35 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
36 See 47 C.F.R. § 1.17 (“[N]o person subject to this rule shall[:] (1) In any written or oral statement of fact, 
intentionally provide material factual information that is incorrect or intentionally omit material information that is 
necessary to prevent any material factual statement that is made from being incorrect or misleading; and (2) In any 
written statement of fact, provide material factual information that is incorrect or omit material information that is 
necessary to prevent any material factual statement that is made from being incorrect or misleading without a 
reasonable basis for believing that any such material factual statement is correct and not misleading.”). 
37 See 18 U.S.C. § 1001 et seq.
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Re:  EB File No.: EB-SED-12-00004463
21. Reasonable accommodations for people with disabilities are available upon request.  
Include a description of the accommodation needed, including as much detail as possible.  Also include a 
way we can contact you if we need more information.  Please allow at least five (5) calendar days 
advance notice; last minute requests will be accepted, but may be impossible to fill.  Requests may be 
submitted by email to fcc504@fcc.gov or by phone to the Commission’s Consumer & Governmental 
Affairs Bureau:
 For sign language interpreters, CART, and other reasonable accommodations: 
202-418-0530 (voice), 202-418-0432 (tty);
 For accessible format materials (braille, large print, electronic files, and audio format): 
202-418-0531 (voice), 202-418-7365 (tty).  
VI. REQUEST FOR INFORMATION
22. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,38 you are directed to 
provide the information requested in the non-public Appendix C hereto within fifteen (15) calendar days 
after the release date of this Citation.  The Request for Information concerns your jamming device 
supplier(s) and sale(s) as well as the disposition of any jamming devices in your possession.  Failure to 
respond to the Request for Information, or an inadequate, incomplete, or misleading response, may 
subject you to additional sanctions.39
VII. ORDERING CLAUSES
23. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the Communications 
Act of 1934, as amended, John Bering must provide the information requested in paragraphs 4 and 22, as 
well as the non-public Appendix C to this Citation and Order.  The response to the Request for 
Information must be provided in the manner indicated herein and must be received by the FCC within 
fifteen (15) calendar days after the release date of this Citation and Order. 
24. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be sent by 
email, First Class U.S. Mail, and Certified Mail to his addresses of record. 
FEDERAL COMMUNICATIONS COMMISSION
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
  
38 47 U.S.C. §§ 154(i), 154(j), 403.
39 See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture, Forfeiture Order, 17 FCC Rcd 7589 
(2002) ($100,000 forfeiture for refusing to attest to truthfulness and accuracy of responses to a Bureau letter of 
inquiry); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order, 22 FCC Rcd 15146 (Enf. Bur. 2007) ($4,000 
forfeiture for failure to respond to a Bureau letter of inquiry); BigZoo.Com Corporation, Order of Forfeiture, 20 
FCC Rcd 3954 (Enf. Bur. 2005) ($20,000 forfeiture for failure to respond to an LOI); Donald W. Kaminski, Jr., 
Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur. 2003) ($4,000 forfeiture for failure to respond to a Bureau letter of 
inquiry). 
Federal Communications Commission DA 12-1593
APPENDIX A
Illegal Jammer Advertisements on Craigslist
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APPENDIX B
Craigslist Prohibited Items List