Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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



In the Matter of                )
                                )
The Club Works Sound and Lighting            )    File No.  EB-04-PO-
003
                                )
Salem, Oregon                   )            Citation             No.  
C20043292004


                              CITATION

                                             Released:  June 28, 2004

By the Resident Agent, Portland Office, Western Region, Enforcement 
Bureau:

     This is an Official Citation issued pursuant to Section 
503(b)(5) of the Communications Act of 1934, as amended (``Act'')1, 
to the Club Works Sound and Lighting (``Club Works'') for violation 
of Section 302(b) of the Act and Sections 2.803(a) and 15.209 of the 
Commission's Rules (``Rules''). 2

     Investigation by the FCC's Portland Office revealed that on 
August 5, 2003, the Club Works Sound and Lighting bought two handheld 
wireless microphones, model WR-422-U, from FLECO Corporation (Invoice 
Number 425379).  These wireless microphones subsequently were sold to 
and used by The Oasis restaurant and caused interference to amateur 
radio station WA7ABU on the frequency 439.55 MHz in Salem, Oregon.

     On December 5, 2003, an agent of the Commission's Portland 
Office inspected the microphones and determined that the units were 
operating on amateur radio frequencies 439.55 and 432.55 MHz.  The 
agent measured the field strength at 1500 microvolts/meter at a 
distance of 3 meters from the referenced wireless microphones and 
determined that the microphones were in non-compliance with Section 
15.209 of the Commission's Rules, which apply to intentional 
radiators.

     Further investigation revealed that the devices bore no FCC 
equipment authorization or any other unique identification label as 
required by Section 2.9253 of the Rules for radiofrequency devices 
marketed in the United States.  During an interview on December 5, 
2003, the owner of the Club Works admitted that he had sold a total 
of eight uncertified wireless microphones of the same model and he 
was in the process of recalling and replacing them by the certified 
units.

     Section 302(b) of the Act, provides ``[N]o person shall 
manufacture, import, sell, offer for sale, or ship devices or homes 
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 as 
required by 2.925....''  The Club Works sale of these devices 
violates both sections.

     Violations of the Communications Act or of the Commission's 
Rules may subject the violator to monetary fines not to exceed 
$11,000 for each violation or each day of a continuing violation,4 
seizure of equipment through in rem forfeiture action and criminal 
sanctions including imprisonment.5

     Section 503(b)(5) of the Act provides that the Club Works may 
request an interview at the closest FCC Office.  You may contact this 
office by telephone,   XXX XXX-XXXX, to obtain the location of the 
nearest FCC Office and schedule the interview.  The interview must be 
scheduled to take place within 14 days of the date of this Citation.  
The Club Works may also submit a written statement to the above 
address within 14 days of the date of this Citation.  Any written 
statement should specify what actions have been taken to correct the 
violation outlined above.  Please reference file number EB-04-PO-003 
when corresponding with the Commission.  Based upon the 
representation made by the owner of the Club Works on December, 5, 
2003, no specific sale transaction information is required.  However, 
in the event more than the noted eight units were purchased or sold 
by the Club Works, the Club Works is required to provide information 
regarding these transactions.

     This Citation shall be sent by First Class U.S. Mail and 
Certified Mail, Return Receipt Requested, to The Club Works Sound and 
Lighting, Attn: Dane Shepherd, 3385 Hawthorne Avenue, NE, Salem, 
Oregon 97305.

     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 Notice 
is punishable by fine or imprisonment under Title 18 of the U.S. 
Code.7

                                FEDERAL COMMUNICATIONS COMMISSION



                                Binh Nguyen
                                Resident Agent
                                Portland Office
                                Western Region
                                Enforcement Bureau
_________________________

147 U.S.C.  503(b)(5).

247 U.S.C.  302a(b), 47 C.F.R.  2.803(a), 15.209.

347 C.F.R.  2.925.
447 C.F.R. 1.80(b)(3).

547 C.F.R.  401, 501, 503 and 510.

6P.L. 93-579, 5 U.S.C.  552a(e)(3).

718 U.S.C.  1001 et seq.