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

In the Matter of                )
                                )       File No. EB-03-DT-120
Paladen Communications, Inc.    )
a/k/a CB Shop                   )       NAL/Acct.             No. 
200432360003
                                )
North Jackson, Ohio             )       FRN: 0010 6809 40
                                )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  May 27, 2004

By the District Director, Detroit Office, Northeast Region, 
Enforcement Bureau:

                        I.  INTRODUCTION
 
     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Paladen Communications, Inc. a/k/a CB  Shop 
(``Paladen''), has  apparently  violated Section  302(b)  of  the 
Communications Act  of  1934,  as  amended1  (``the  Act''),  and 
Sections  2.815(b)  and  2.815(c)   of  the  Commission's   Rules 
(``Rules'')2 by offering for sale Citizens Band (``CB'') external 
radio frequency power amplifiers (``linears'').  We conclude that 
Paladen is apparently liable  for a forfeiture  in the amount  of 
seven thousand dollars ($7,000).

                         II.  BACKGROUND

     2.   On July  24,  2003,  agents  from  the  Detroit  Office 
visited  Paladen  at  12274  Mahoning  Avenue,  Suite  14,  North 
Jackson, Ohio.  During this visit, the agents observed a  Palomar 
Deluxe Modulator DX-55V CB linear  on sale for $250.  The  agents 
informed Arthur Dundorf and Preston  Dundorf of Paladen, that  CB 
linears could  not  be  legally  sold.   As  a  result  of  their 
findings, the Detroit  Office issued them  a Citation on  October 
31, 2003.  The  Citation informed Paladen  of the violations  and 
penalties that could be imposed for selling linears.  The Detroit 
Office received  a  reply  from Paladen,  signed  by  Preston  L. 
Dundorf, proprietor.  He wrote that  they were unaware that  they 
were violating marketing  rules and that  they would not  violate 
the rules in the future.

     3.   On January  9,  2004,  the Detroit  Office  received  a 
complaint that Paladen was continuing to violate the Commission's 
marketing rules by selling CB linear amplifiers.  As a result  of 
this new  report, an  agent traveled  to North  Jackson, Ohio  to 
determine if  Paladen  was continuing  to  sell CB  linears.   On 
February 24, 2004, a sales person for Paladen offered to sell the 
agent a Palomar 100 watt linear amplifier for $124.00. 

                        III.  DISCUSSION
     4.   Section 302  of the  Act authorizes  the Commission  to 
regulate equipment  capable of  emitting radio  frequency  energy 
that may  cause interference  to radio  communications.  The  Act 
further states  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.    Section 
2.815(b)  of  the   Rules  states  that   ``...no  person   shall 
manufacture, sell or  lease, 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 external radio frequency power amplifier or  amplifier 
kit capable of operation on any frequency or frequencies  between 
24 and  35 MHZ.''3   Section 2.815(c)  of the  rules states  ``No 
person shall manufacture,  sell 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 external 
radio frequency  power  amplifier  or amplifier  kit  capable  of 
operation on any  frequency or frequencies  below 144 MHz  unless 
the amplifier  has  received  a  grant  of  type  acceptance...''  
Paladen was repeatedly warned, verbally and in writing, about the 
penalties for selling CB  linear amplifiers, yet, they  continued 
to sell them in violation of Section 302 of the Act4 and Sections 
2.815(b) and 2.815(c) of the Rules.

     5.   Based on the evidence before  us, we find that  Paladen 
willfully5 and repeatedly6  violated Section 302  of the Act  and 
Sections 2.815(b) and 2.815(c) of the Rules by offering for  sale 
CB linear  amplifiers on  February  24, 2004.   The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy  Statement'')7,  sets  the  base  forfeiture  amount   for 
importation or  marketing  of  unauthorized  equipment  at  seven 
thousand dollars ($7,000).  In assessing the monetary  forfeiture 
amount, we must take into account the statutory factors set forth 
in Section 503(b)(2)(D) of the  Act.8  These factors include  the 
nature, circumstances, extent, and gravity of the violation,  and 
with respect  to the  violator, the  degree of  culpability,  any 
history of prior offenses, ability to pay, and other such matters 
as  justice  may   require.   Applying   the  Forfeiture   Policy 
Statement, statutory factors and the inflation adjustments to the 
base amount  of  Paladen's  violation  of  $7,000  for  marketing 
unauthorized equipment, we find no compelling evidence to support 
any adjustments to the base forfeiture amount.  Thus, we  believe 
that a forfeiture  amount of seven  thousand dollars ($7,000)  is 
warranted.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b)9 of the  Act and  Sections 0.111,  0.311 and  1.80 of  the 
Rules10,    Paladen  Communications  a/k/a  CB  Shop,  is  hereby 
NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 
amount  of  seven  thousand  dollars  ($7,000)  for  willful  and 
repeated violation  of Section  302(b) of  the Act  and  Sections 
2.815(b) and 2,815(c) of the Rules.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  (30) days of the  release date of  this 
NOTICE OF APPARENT LIABILITY, Paladen, SHALL PAY the full  amount 
of the  proposed forfeiture  or SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     8.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200432360003, FRN: 0010 6809 40.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission, Detroit Office, 24897 Hathaway Street, 
Farmington Hills, MI 48335-1552,  and MUST INCLUDE THE  NAL/Acct. 
No. 200432360003.

     10.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.11 

     12.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate  filing  to  be  sent  to  the  Federal   Communications 
Commission, Enforcement  Bureau, Spectrum  Enforcement  Division, 
445  12th   Street,   S.W.,   Washington,   D.C.   20554.    Your 
certification should indicate whether you, including your  parent 
entity and  its subsidiaries,  meet one  of the  definitions  set 
forth in the list provided by the FCC's Office of  Communications 
Business Opportunities (OCBO) set forth  in Attachment A of  this 
Notice of Apparent Liability.  This information will be used  for 
tracking purposes only.  Your response  or failure to respond  to 
this  question  will   have  no   effect  on   your  rights   and 
responsibilities pursuant to Section 503(b) of the Communications 
Act.  If  you have  questions regarding  any of  the  information 
contained in Attachment A, please contact OCBO at (202) 418-0990.

     13.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested,  to  Paladen  Communications  a/k/a  CB  Shop,   12274 
Mahoning Avenue, Suite 14, North Jackson, Ohio 44451.


                              FEDERAL COMMUNICATIONS COMMISSION




                              James A. Bridgewater
                              District Director
                              Detroit Office







Attachment A - FCC List of Small Entities, October 2002.



_________________________

1 47 U.S.C.  302(b).
2
 47 C.F.R.  2.815(b), and 2.815(c).
3 Note: For purposes of this part, the amplifier will be deemed 
incapable of operation between 24 and 35 MHz if: (1) The 
amplifier has no more than 6 decibels of gain between 24 and 26 
MHz and between 28 and 35 MHz.  (This gain is determined by the 
ratio of the input driving signal (mean power measurement) to the 
mean RF output power of the amplifier.): and (2) The amplifier 
exhibits no amplification (0 decibels of gain) between 26 and 28 
MHz.

4 Citation issued to Paliden Communications d/b/a The CB Shop, 
October 31, 2003.

5 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[t]he term `willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act ....'' See California Broadcasting, Co., 6 FCC Rcd 4387 
(1991).

6 Section 312(f), which also applies to Section 503(b), of the 
Act, provides that: ``[t]he term ``repeated'', when used with 
reference to the commission or omission of any act, means the 
commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.''

747 C.F.R.  1.80.

8 47 U.S.C.  503(b)(2)(D).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, and 0.311.

11 See 47 C.F.R.  1.1914.