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


Mr. Jonathan Edward Stone d.b.a.                  File No.: EB-03-
DL-253
Omnitronics                                       Citation: 
C200432500001
Pacetronics                                       Sent via 
Certified
P.O. Box 42                                       Return Receipt 
Requested
Clayton, TX  75637                                and First Class 
U.S. Mail


                             CITATION

                                         Released:  January 7, 2004
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. Jonathan Edward  Stone d.b.a. Omnitronics /  Pacetronics 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 on 
December18, 2003, Mr.  Jonathan Edward  Stone d.b.a.  Omnitronics / 
Pacetronics through the Internet  site(s) www.pacetronics.com (with 
an address listed on the site as Omnitronics, P.O. Box 42, Clayton, 
TX  75637)  offered  for  sale,  the  following  thirty  (30)  non-
certified Citizens Band transceivers:

       NAME       MODEL         PRICE    DESCRIPTION
       Connex     3300          $179.99  Item #:  736
       Connex     3300 High Power        $199.99        Item #:  
737
       Connex     4400 High Power        $219.99        Item #:  
738
       Connex     4800 DXL-E    $289.99  Item #:  739
       Galaxy     DX33HML       $159.99  Item #:  744
       Galaxy     DX44V         $189.99  Item #:  745
       Galaxy     48T           $369.99  clearance
       Galaxy     DX55V         $164.99  Item #:  746
       Galaxy     DX66V         $234.99  Item #:  747
       Galaxy     DX77HML       $219.99  Item #:  749
       Galaxy     DX88HL        $314.99  Item #:  750
       Galaxy     DX99V         $339.99  Item #:  753
       NAME       MODEL         PRICE    DESCRIPTION    
       General    Lee           $194.99  Item #:  788 
       General    A.P. Hill     $169.99  Item #:  787
       General    Grant         $399.99  Item #:  786
       General    Longstreet    $229.99  Item #:  789
       General    Sherman       $139.99  Item #:  790
       Ranger     2950DX        $269.99  Item #:  780
       Ranger     2970DX        $399.99  Item #:  776
       Ranger     2980WX        $409.99  Item #:  777
       Ranger     2985DX        $439.99  Item #:  778
       Ranger     2995DX        $549.99  Item #:  779
       Ranger     6300F-25      $269.99  Item #:  781
       Ranger     6300F-150     $399.99  Item #:  782
       Ranger     6900F-25      $289.99  Item #:  783
       Ranger     6900F-150     $429.99  Item #:  784
       Superstar  3900 American Spirit   $169.99        clearance  
       Superstar  3900HP        $169.99  Item #:  795
       Superstar  121           $129.99  Item #:  794
       Superstar  122           $69.99   clearance
          

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. Jonathan Edward Stone's 
(d.b.a. Omnitronics / Pacetronics) offer for  sale of these devices 
violates both sections.

  4. Mr. Jonathan  Edward Stone  d.b.a.  Omnitronics /  Pacetronics 
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. Jonathan  Edward Stone  d.b.a. Omnitronics  / 
Pacetronics 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. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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.  He  must 
schedule this interview to take place within 14 days of the date of 
this citation.   Mr.  Jonathan Edward  Stone  d.b.a. Omnitronics  / 
Pacetronics 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(s)  outlined   above.    When   corresponding  with   the 
Commission, case number EB-03-DL-253 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. Jonathan Edward Stone d.b.a. 
   Omnitronics 
   Pacetronics 
   4430 State Hwy 315
   Carthage, TX  75633 

_________________________

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