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1
     Federal Communications Commission
            Enforcement Bureau
           Seattle Field Office
       11410 NE 122nd Way, Suite 312
         Kirkland, WA  98034-6927
         1-888-CALL FCC (225-5322)


ImTec Electronics                                               
FILE No.: EB-04-ST-064
ATTN:  Mr. Les Elliot                                                                               
Sent via Certified
11200 E. Sprague Ave., Suite B                                                                
Return Receipt requested and
Spokane Valley, WA  99206-5271                                                            
First Class mail

                          CITATION

Citation No.: C200432980001                                                                 
Released:  March 30, 2004
                                                   

By the Enforcement Bureau, Seattle Office

      1. This is an Official Citation issued pursuant to 
Section 503(b) of  The Communications Act of 1934, as 
amended (``Act''), 1 to Mr. Les Elliot, owner of ImTec 
Electronics of Spokane Valley, WA,  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 Seattle Office 
revealed that on March 11,  2004, you offered for sale at 
your retail store located at 11200 E. Sprague Ave. non-
certified Citizens Band (CB) transceivers, namely, Galaxy 
Models DX series , and Amateur service transceivers, namely, 
RCI Models-2950 and 6900F (modifiable) for CB use. According 
to Commission's records, these devices have not received an 
FCC equipment authorization which is required for Citizens 
Band transmitters marketed in the United States. 
Furthermore, these devices bore no FCC equipment 
authorization labeling that is required for Citizens Band 
transceivers marketed in the United States.4
  
  3. 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 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...''

  Les Elliot's ImTec Electronics offer for sale of these 
  devices violates both sections.

     4.  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 rules 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.  The Galaxy model CB transceivers previously 
mentioned were identified as having the modification or the 
capability to enable dual use of CB and amateur frequencies.  
These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; 
Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy 
DX77HML.   

    5.  Furthermore, the Commission has revised Section 
2.1204(a)(5) of its rules 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.

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

   7.   Mr. Les Elliot may request a personal interview at 
the closest FCC location to its place of business, namely:

     Federal Communications Commission
     11410 N.E. 122nd Way    Suite 312
              Kirkland, WA     98034- 6927

which can be contacted by telephone at XXX XXX-XXXX.  Any 
written statement should specify what actions have been 
taken to correct the violation outlined above.  When 
corresponding with the Commission, case number EB-04-ST-064 
should be referenced.

8.    Any statement or information provided may be used by 
the Commission to determine if further enforcement action is 
required.  Any knowingly or willfully false statement made 
in reply to this notice is punishable by fine or 
imprisonment.


                         FEDERAL COMMUNICATIONS COMMISSION



                              Dennis J. Anderson
                              District Director, Seattle 
Office




_________________________

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.  95.409(a) & 2.925(a)