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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554


Mr. David P. Pace, Jr. d.b.a.                     File No.: EB-03-
DL-143
Pacetronics                                       Sent via 
Certified
Pace Marketing                                    Return Receipt 
Requested
531-C East Main Street                            and First Class 
U.S. Mail
Nacogdoches, TX  75963                            


                             CITATION

                                            Released:  July 7, 2003
By the Enforcement Bureau, Dallas Office:

  1. This is  an  Official  Citation  issued  pursuant  to  Section 
503(b)(5) of the Communications Act of 1934, as amended (``Act''),1 
to Mr. David P. Pace,  Jr. d.b.a. Pacetronics /  Pace Marketing for 
violation of Section 302(b) of the Act,2 and Section 2.803(a)(1) of 
the Commission's Rules.3

  2. An investigation by the FCC's Dallas  Office revealed that the 
Internet  domain   name  PACERADIOS.COM   is  registered   to  Pace 
Marketing, David Pace, P.O. Box 631207,  Nacogdoches, TX 75963 with 
Pace Marketing, David  Pace listed  as the  administrative contact.  
Furthermore, on  June  30,  2003, Mr.  David  P.  Pace, Jr.  d.b.a. 
Pacetronics  /   Pace  Marketing   through  its   Internet  site(s) 
www.paceradios.com (with an  addresses listed on  the site  as Pace 
Marketing, 531-C  East Main  St,  Nacogdoches, TX   75961 and  Pace 
Marketing, P.O.  Box 631207,  Nacogdoches, TX   75961) offered  for 
sale, the following thirty  seven (37) non-certified  Citizens Band 
transceivers:

       NAME       MODEL         PRICE    DESCRIPTION
       Connex     4800 DXL      $289.99  12 Bands of 40 Channels
       Connex     4400 High Power        $219.99         8 Bands 
of 40 Channels
       Connex     3300 High Power        $199.99        Range 
25.615 - 28.305
       Connex     3300          $179.99  Range 25.615 - 28.305
       Connex     Patriot       $199.99  Range 25.615 - 28.305
       Connex     Deer Hunter   $139.99  Can be converted to 
operate on 120 Chan.
       Connex     3300 LE       $179.99  Range 25.615 - 28.305
       Connex     3300 HP LE    $199.99  Range 25.615 - 28.305
       Connex     3300 Coyote Hunter     $169.99        . . . CB 
band, with . . . 120 channels below
       Galaxy     DX99V         $329.99  Robot Talk, Voice Changer
       Galaxy     DX 93T        $429.99  Echo with dual controls
       Galaxy     DX88HL        $314.99  Dual-Control Echo, 
Talkback
       Galaxy     DX77HML       $219.99   6 bands of 40Ch.
       Galaxy     DX66V         $234.99  Dual Control Echo, 
Talkback
       Galaxy     DX55V         $164.99  equipped as an ideal 
multi-band radio 
       NAME       MODEL         PRICE    DESCRIPTION    
       Galaxy     48T           $369.99  Deluxe Export Radio 
       Galaxy     DX45-MP       $249.99  Export Radios
       Galaxy     DX44V         $189.99  Dual control echo/reverb 
       Galaxy     DX33HML       $159.99  dual control echo/reverb, 
Talkback  
       General    Lee           $199.99   6 Bands of 40 Channels 
       General    A.P. Hill     $169.99   6 Bands of 40 Channels 
       General    Grant         $399.99  12 Bands of 40 Channels   
? ? ? 
       General    Longstreet    $229.99   6 Bands of 40 Channels 
       Magnum     257           $179.99  10 bands of channels
       Ranger     6900F-25      $289.99  . . . 12-band segments
       Ranger     6900F-150     $409.99  . . . 24.2650 - 29.6650 
MHz
       Ranger     6900FTB-refurbished    $369.99        Export 
Radios
       Ranger     6300F-25      $269.99  . . . 12-band segments
       Ranger     6300F-150     $389.99  Export Radios
       Ranger     2995DX        $549.99  Export Base Station 
       Ranger     2985DX        $439.99  Export Base Station 
       Ranger     2980WX        $409.99  Export Base Station 
       Ranger     2970DX        $399.99  Export Radios
       Ranger     2950DX        $269.99  Export Radios
       Superstar  3900HP-Gold   $239.99   6 Bands 240 Channels 
       Superstar  Grant         $179.99  120 Channels 
       Superstar  121           $129.99  CB features...with...Upper 
and Lower Freq
          

According to  the  Commission's  records,  these devices  have  not 
received an  FCC  equipment  authorization  which is  required  for 
Citizens Band transmitters marketed in the United States. 

  3. Section 302(b)  of  the  Act2  provides  ``[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.''  
Section 2.803(a)(1)  of the  Rules3 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:   (1) In 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  ....''   Mr. David  P. Pace,  Jr. 
d.b.a. Pacetronics  /  Pace Marketing's  offer  for  sale of  these 
devices violates both sections.

  4. Mr. David  P. Pace,  Jr. d.b.a.  Pacetronics /  Pace Marketing 
marketed these devices as amateur transceivers.  The Commission has 
evaluated  radiofrequency  devices  similar  to   those  listed  in 
paragraph 2 and  concluded that the devices  at issue are  not only 
amateur radios but can easily  be altered for use  as Citizens Band 
devices as well.  A  CB transmitter is a  transmitter that operates 
or is  intended  to operate  at  a station  authorized  for the  CB 
service, and it must be certificated by the  FCC prior to marketing 
or importation.4  The Commission  has further concluded  that these 
devices  fall  within  the  definition  of  a  CB  transmitter  and 
therefore cannot  legally be  imported  or marketed  in the  United 
States.  See Response from the Commission's General Counsel to U.S. 
Customs Service dated May 17, 1999, 14 FCC Rcd 7797 (1999).

  5. Additionally, dual use  CB and amateur  radios of the  kind at 
issue here may  not be certificated  under the  Commission's rules.  
Section  95.655(a)  of  the   rules5  states:  ``.  .   .  .  ([CB] 
Transmitters  with  frequency  capability  for  the  Amateur  Radio 
Services . . . . will not be certificated.)''  See also FCC 88-256, 
1988 WL 488084 (August 17, 1988).  This  clarification was added to 
explicitly foreclose the possibility  of certification of  dual use 
CB and  amateur  radios,  see id.,  and  thereby  deter use  by  CB 
operators of frequencies allocated for amateur radio use.

  6. Furthermore, the Commission  has revised  Section 2.1204(a)(5) 
of its rules6 to prohibit all marketing and/or offering for sale in 
the United States  of such devices  even when the  purchaser(s) had 
provided assurances that the  transceivers are being  bought solely 
for export.  ALL  DOMESTIC MARKETING OF  SUCH DEVICES  VIOLATES THE 
COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES.

  7. In addition to the marketing of the non-certified transceivers 
addressed above, Mr. David  P. Pace, Jr. d.b.a.  Pacetronics / Pace 
Marketing is warned  that Section 302(b)  of the Act2,  and Section 
2.815(c) of the  Commission's Rules7  requires FCC  Type Acceptance 
(or Certification) of External Radio Frequency Power Amplifiers (or 
amplifier  kits)  capable   of  operation   on  any   frequency  or 
frequencies below 144  MHz.  Furthermore,  Section 2.815(b)  of the 
Commission's Rules8  prohibits  the  marketing  of  External  Radio 
Frequency Power Amplifiers (or amplifier kits) capable of operation 
on any frequency or frequencies between 24 and 35 MHz.  

  8. Subsequent violations of the Communications Act  and/or of the 
Commission's Rules may subject the violator to substantial monetary 
forfeitures not to exceed  $11,000 for each such  violation or each 
day of a continuing violation,9 seizure of equipment through in rem 
forfeiture action, and criminal sanctions including imprisonment.10

  9. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing may 
request a personal  interview at  the closest  FCC location  to its 
place of business,11 namely:

                    Federal Communications Commission
                    9330 LBJ Freeway, Suite 1170
                    Dallas, Texas  75243-3470

which can be  contacted by  telephone at  XXX XXX-XXXX.   They must 
schedule this interview to take place within 14 days of the date of 
this citation.  Mr.  David P. Pace,  Jr. d.b.a. Pacetronics  / Pace 
Marketing may submit a written statement within 14 days of the date 
of this Citation to the same address.  Any written statement should 
specify what  actions  have been  taken  to  correct the  violation 
outlined above.   When  corresponding  with  the  Commission,  case 
number EB-03-DL-143 should be referenced.
  10.     Any statement or information provided may  be used by the 
Commission  to   determine  if   further   enforcement  action   is 
required.12  Any  knowingly or  willfully false  statement made  in 
reply to this notice is punishable by fine or imprisonment.13
                                   FEDERAL COMMUNICATIONS 
     COMMISSION



                                   James D. Wells
                                   District Director - Dallas 
     Office
LRB

Cc:Mr. David P. Pace, Jr. d.b.a.
   Pacetronics
   Pace Marketing
   P.O. Box 631207
   Nacogdoches, TX  75963
_________________________

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 See 47 C.F.R.  95.603(c) & 2.803
5 47 C.F.R.  95.655(a)
6 47 C.F.R.  2.1204(a)(5) revised effective February 28, 2000
7 47 C.F.R.  2.815(c)
8 47 C.F.R.  2.815(b)
9 See 47 C.F.R.  1.80(b)(3)
10 See 47 U.S.C.  401, 501, 503, 510
11 See 47 U.S.C.  503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3)
13 See 18 U.S.C. 1001