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CERTIFIED MAIL-RETURN RECEIPT REQUESTED

October 13, 2017

John King

(Address withheld)

(Address withheld)

Re: WARNING NOTICE

EB-FIELDNER-17-00025403

Dear Mr. King:

It has come to the attention of the Federal Communications Commission that you

are marketing unauthorized radio frequency devices in violation of Section 302(b) of the

Act

1

and Section 2.815(b) of the Commission’s Rules.

2



Federal law requires that radio frequency devices must be certified in accordance

with the Commission’s technical standards before they can be marketed in the United

States. 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.”

3



Section 2.815(b) of the Commission’s Rules provides that external radio frequency power

amplifiers capable of operation on frequencies below 144 MHz may not be offered for

sale unless they have first been authorized in accordance with the Commission’s

certification procedures.

4

Section 2.815(b)(1) of the Rules prohibits persons from

offering for sale any external radio frequency power amplifier

5

that is capable of

amplification in the frequency bands between 26-28 MHz.

6



The Commission received a complaint that John King a retailer of Citizen Band

(CB) radios, and radio accessories is selling modified CB radio transceivers with

expanded frequency kits and powers added. In addition to, selling many 10-m

transceivers with modified high power and 10 kc frequency adapter kits that are not

certified. Based upon the information provided in the complaint, it appears that you

violated Section 302(b) of the Act and Section 2.815(b) of the Rules by marketing and

offering for sale unauthorized radio frequency devices that do not have valid FCC

1

47 U.S.C. § 302(b).

2

47 C.F.R. § 2.815(b).

3

47 U.S.C. § 302(b).

4

47 C.F.R. § 2.815(b).

5

An external radio frequency power amplifier is defined as “any device which, (1) when used in

conjunction with a radio transmitter as a signal source is capable of amplification of that signal, and (2) is

not an integral part of a radio transmitter as manufactured.” See 47 C.F.R. § 2.815(a).

6

Id.

John King

October 13, 2017

Page 2 of 2

certifications and, to the extent that these devices operate in the frequency bands between

26-28 MHz, are not eligible to received FCC certification.

7

ANY UNAUTHORIZED SALE OF THESE RADIO DEVICES MUST

CEASE IMMEDIATELY.

You have ten (10) days from the date of receipt of this warning to respond to this

office. The response must contain a statement of the specific action(s) taken to ensure

compliance with the Commission’s rules and should include a time line for completion of

any pending corrective action(s). You are directed to support your response with a

signed and dated affidavit or declaration under penalty of perjury, verifying the

truth and accuracy of the information submitted in your response. Your response

should be sent to: Federal Communications Commission, Laura L. Smith, Esq., 1270

Fairfield Road, Gettysburg, PA 17325 and reference the listed case number.

If, after receipt of this Warning Notice, you again violate Section 302(b) of the

Act or Section 2.815(b) of the Rules by engaging in conduct of the type described herein,

you may be subject to severe penalties, including monetary forfeiture (fines).

8

In an inquiry of this type we are required to notify you that under the Privacy Act

of 1974, 5 U.S.C. § 552a(e)(3), the Commission’s staff will use all relevant information

before it, including information you disclose in your reply, to determine what, if any,

enforcement action is warranted in this matter.

Sincerely,

Laura L. Smith, Esq.

Special Counsel

Spectrum Enforcement Division

Enforcement Bureau

7

47 U.S.C. § 302(b); 47 C.F.R. § 2.815(b).

8

Fines normally range from $7,500 to $10,000.