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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )       
Consumer Electronics Service, Inc.      )         File No. EB-03-
Austintown, Ohio                )            Citation         No. 

                                             Released: October 
21, 2003

By the Enforcement Bureau, Detroit 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   Consumer   Electronics   Service,    Inc. 
     (``Consumer Electronics'') for  violation of Section  302(b) 
     of the Act,2  and Sections  2.803(a)(1) and 2.815(b) of  the 
     Commission's Rules (``Rules'').3

  2.      On July 24, 2003, agents from the Detroit Office of the 
     Federal Communications Commission (``FCC'') inspected  radio 
     transmitting  equipment   at  Consumer   Electronics,   5407 
     Mahoning Avenue, Austintown, Ohio.  They found two models of 
     a Citizens  Band radiofrequency  amplifier (``linear'')  for 
     sale, in  violation  of  the  FCC's  marketing  Rules.   The 
     linears were a Matco 225 Plus and Palomar TX-220B.

  3.      The linear amplifiers, which you are offering to  sell, 
     are not only illegal to  sell but also illegal to  advertise 
     for sale.   Section 302(b) of  the Act provides ``No  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 
     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  ......''  Section  2.815(b) of  the  Rules 
     states: ``...  no person  shall  manufacture, sell  ...  any 
     external radio frequency  power amplifier  or amplifier  kit 
     capable of operation  on any frequencies  between 24 and  35 

  4.      Consumer Electronics  is  hereby  warned  that  selling 
     linear amplifiers  constitutes a  violation of  the  Federal 
     laws cited  above.  THE  SALE OF  ILLEGAL LINEAR  AMPLIFIERS 

  5.      Subsequent violations of the Communications Act or  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,4 seizure of 
     equipment through  in rem  forfeiture action,  and  criminal 
     sanctions including imprisonment.5 

  6.      You  may   request   a  personal   interview   at   the 
     Commission's Field Office  nearest your  place of  business.  
     The nearest  office is  the Detroit  Office, 24897  Hathaway 
     Street, Farmington Hills, Michigan 48335-1552, which you can 
     contact by telephone at    XXX XXX-XXXX.  You must  schedule 
     this interview to take place within twenty-one (21) days  of 
     the date of this Citation.  Alternatively, you may submit  a 
     written statement  to the  above address  within  twenty-one 
     (21)  days  of  the  date  of  this  Citation.  Any  written 
     statement should  specify what  actions have  been taken  to 
     correct the  violations  outlined above.   Please  reference 
     case number EB-03-DT-742 when corresponding with the Detroit 

  7.      This Citation shall be sent  shall be sent First  Class 
     U.S. Mail and, Certified Mail, Return Receipt Requested,  to 
     Consumer Electronics  Service, Inc.,  5407 Mahoning  Avenue, 
     Austintown, Ohio 44515.

  8.      The Privacy Act  of 19746 requires  that we advise  you 
     that  the  Commission   will  use   all  relevant   material 
     information before it,  including any information  disclosed 
     in your reply, to determine what, if any, enforcement action 
     is required to ensure compliance.  Any false statement  made 
     knowingly  and  willfully  in  reply  to  this  Citation  is 
     punishable by fine  or imprisonment  under Title  18 of  the 
     U.S. Code.7  Please  be advised  that if you  choose not  to 
     respond to this  Citation and a  forfeiture is issued,  your 
     unresponsiveness will be considered  in our assessment of  a 
     forfeiture amount.


                                                      James A. 


1 47 U.S.C.  503(b)(5)
 47 U.S.C.  302(b)
 47 C.F.R.  2.803(a)(1) & 2.815(b)
4 See 47 C.F.R.  1.80(b)(3)
 See 47 U.S.C.  401, 501, 503, 510
 P.L. 93-579, 5 U.S.C.  552a(e)(3)
 18 U.S.C.  1001 et seq.