. SUMMARY OF THE FACTS
RMR manufactures and distributes the Spirit II radar jammer, a device advertised as making the user's automobile "electronically invisible" to "all radar bands used by police." Appellant's App. at 144. In an advertisement, consumers were advised that the Spirit II "receives a radar signal," then "blends the signal with white noise," and "confuses the computer inside the radar gun." Id.(1)
The FCC issued a public notice stating that the intentional use of jammers constitutes "malicious interference" with radar units used by FCC-licensed police and public safety agencies to measure vehicle speeds. Appellant's App. at 96-97 (informing the public that the FCC regulates radar jammers, which are designed to interfere with radar, but not radar detectors, which "are radio receivers tuned to receive radar signals and are used by motorists to provide a warning of any radar activity in the vicinity"). The agency warned that "[a]anyone using a jammer risks such penalties as losing an FCC license[], paying a fine, or facing criminal prosecution." Id.
On February 13, 1997, the Compliance and Information Bureau of the FCC issued an official citation to RMR prohibiting the marketing, manufacturing, or importing of the Spirit II. Id. at 13-14. RMR complied with the directive, but also contested the validity of the bureau's findings. It claimed, among other things, that the Spirit II is not covered by FCC rules regulating radiators of radio frequency energy because the device merely reflects a police radar signal and, by itself, cannot produce radio frequency energy.(2) See id. at 16, 21. In support of its theory, RMR provided test reports from independent laboratories. See id. at 40 (report of Diversified T.E.S.T. Technologies, Inc. opining that the Spirit II itself emits no radio frequency energy, and that without the use of a radar gun, the laboratory could not determine whether the device reflects RF energy); id. at 57-58 (report of HVB Consulting, Inc., stating that the Spirit II has no parts that "generate" radio frequency energy, but has the capability to reflect back "RF radiation"); id. at 105 (report of Ronald R. DeLyser, Ph.D., stating that the device mixes the radar signal "with either white noise or an FM chirp signal," then transmits back a "composite signal").
The Compliance and Information Bureau and the FCC Office of Engineering Technology reviewed the RMR submissions and rejected its arguments. In terms of FCC rules, the agency determined that the Spirit II is an "intentional radiator" that generates and emits radio