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


Chester J. Massie, Jr.                            File No.: EB-04-
DL-095
H and Y Electrical Supply Company, Inc.           Citation: 
C20053250001
1714 Griffin Gate Road                            Sent via 
Certified Mail
Louisville, KY  40205                             Return Receipt 
Requested
                                                  and First Class 
U.S. Mail

                             CITATION

                                        Released:  October 14, 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 Chester J. Massie, Jr. / H and Y Electrical 
     Supply Company, Inc. for violation of Section 302(b) of the 
     Act,2 and Section 2.803(a)(1) of the Commission's Rules.3  

  2.      On September 20, 2004, the FCC received a confidential 
     report alleging that H and Y Electrical Supply Company was 
     marketing non-certified ``10-meter'' CB transceivers. 

  3.      An investigation by the FCC's Dallas Office revealed that 
     Chester J. Massie, Jr. / H and Y Electrical Supply Company, 
     Inc. is offering for sale in its 2004 / 2005 WHOLESALE CATALOG 
     the following non-certified Citizens Band transceivers: 

       NAME      MODEL      PRICE   DESCRIPTION             PAGE
       Connex    3300Patriot$189.95 ``Band selector''  ``Band 
HI/LO''          19 
       Connex    3300R      $164.95 ``6 BANDS''             17 
       Connex    3300HP     $184.95 ``6 BANDS''             17 
       Connex    CX4400 HP  $219.95 ``8 BANDS''             16   
       Connex    CX4800 DXL/E       $299.95                 ``12 
BANDS  2400 CHANNELS''      16 
       Connex    Deer Hunter$119.95 ``120 CHANNELS''        19 
       Connex    Coyote Hunter      $149.95                 ``5 
BANDS!''         19 
       Connex    Rebel      $169.95 ``band selector'', ``band hi/lo 
switch''         18 
       Connex    Rebel HP   $189.95 ``6 bands''             18 
       Galaxy    DX33HML    Call    ``Channels: 240 AM, 240 FM'' 7 
       Galaxy    DX44V      Call    ``Channels: 361 AM, 361 FM'' 7 
       Galaxy    DX-48T     Call    ``8 bands!''            6 
       Galaxy    DX55V      Call    ``Channels: 240 AM, 240 FM'' 7 
       Galaxy    DX66V      Call    ``Channels: 361 AM, 361 FM'' 7, 
8 
       Galaxy    DX73V      Call    ``Channels: 361 AM, 361 FM'' 7 
       NAME      MODEL      PRICE   DESCRIPTION             PAGE
       Galaxy    77         Call    ``Channels: 271 AM, 271 FM'' 7 
       Galaxy    DX88HL     Call    ``Band Switch''         8 
       Galaxy    DX-93T     Call    ``8 bands!''            6 
       Galaxy    DX95T      Call    ``8 BANDS!''            5 
       Galaxy    DX99V      Call    ``Robot/VC Switch''     8 
       Galaxy    DX2517     Call    ``Band Select Switch''  3 
       Galaxy    EXR-45mp   $Call   ``8 bands!''            11 
       Magnum    257        $179.95                         21 
       Magnum    357 DX     $349.95                         21 
       Magnum    3200       $259.95 ``240 CHANNELS''        4 
       Magnum    Delta Force$209.95 ``Echo on/Off''         21 
       Magnum    M-1        $199.95 ``6 BANDS''             23 
       Magnum    Mini       $ 69.95 ``40, 120, OR 400 CHANNEL 
RADIO''20 
       Magnum    Omega Force$259.05 ``TALKBACK''            21 
       Magnum    S-3        $199.95 ``BAND SWITCH'', ``TALKBACK''  
22 
       Magnum    S-9        $319.95 ``8 BANDS''             22 
       Maverick  A24        $189.95 ``BAND [SWITCH]'', ``ECHO 
ON/OFF''         20 
       Mirage    66         $199.95 ``BAND CONTROL'', ``ROBOT/VC'' 
23 
       Mirage    88         $259.95 ``Echo'', ``Band Switch''    23 
       Ranger    RCI-2950DX Call                            23 
       Ranger    RCI-2970   Call                            23 
       Ranger    RCI-2980WX Call                            23 
       Ranger    RCI-2985DX Call                            23 
       Ranger    RCI-2995DX Call                            23 
       Ranger    RCI-6300F25Call                            23 
       Ranger    RCI-6300F150       Call                         23 
       Ranger    RCI-6900F25Call                            23 
       Ranger    RCI-6900F150       Call                         23 
       President Lincoln    $289.95                         15   
SuperStar        3900       $159.95 ``a-b-c-d-e-f bands''   13     
SuperStar        3900GHP    $159.95 ``6 BANDS''             14     
SuperStar        3900Plus   $159.95 ``6 BANDS''             12     
SuperStar        Grant      $189.95 ``480 Channels''        14 
       Voyage    9000       $199.95 ``6 BANDS''             15 

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.

  4.      Additionally, investigation by the FCC's Dallas Office 
     revealed that the Internet domain name hyelectronics.com is 
     registered to H & Y Electronics Supply Company, 7504 Fegenbush 
     Lane, Louisville, KY 40228-1571 with Chester Massie-Sr. listed 
     as the administrative contact.  Furthermore, on October 1, 
     2004, H&Y Electronics with a mailing address listed as P.O. 
     Box 39322, Louisville, KY and telephone number listed as 1-
     502-231-2931, offered for sale through its Internet site 
     www.hyelectronics.com, the following non-certified Citizens 
     Band transceivers: 
       NAME      MODEL      PRICE   DESCRIPTION 
       Connex    4400 HP    $226.55     ``Echo Switch'', ``FOR 
EXPORT USE ONLY'' 
       Connex    4800 DX LE $299.95     ``2400 CHANNELS'' 
       Connex    C-33PATHP  $195.65      
       Connex    C-48DXLE   $308.95      
       Connex    Coyote Hunter      $154.45  ``band selector'', 
``FOR EXPORT USE ONLY'' 
       Connex    CX-HPCF    $195.65     ``echo/off switch'', ``FOR 
EXPORT USE ONLY'' 
       Galaxy    ``88 refurb''      $259.95  ``ECHO'' 
       Galaxy    DX-2517    $419.95     ``*for export use only'' 
       Galaxy    DX-2547    $264.95     ``*For export use only'' 
       Magnum    257        $179.95     ``AM/FM/LSB/USB'' 
       Magnum    M-1        $199.95     ``Echo'', ``Top Gun 
Modulator'' 
       Mirage    66         $205.95     ``MOBILE'' 
       Mirage    88         $238.95     ``SAME FEATURES AS THE 
GALAXY 88'' 
       Mirage    88         $267.75     ``Band Selector'', ``FOR 
EXPORT USE ONLY'' 
       Mirage    99         $288.35     ``Robot/VC'', ``FOR EXPORT 
USE ONLY'' 
       Ranger    2950 DX    $253.54      
       Ranger    2970 DX    $411.99      
       Super Star 121       $144.15     ``AM/FM Mobile'', ``FOR 
EXPORT USE ONLY'' 
       SuperStar  3900      $144.15      
       SuperStar  3900 Gold         $185.35  ``FOR EXPORT USE 
ONLY'' 
       SuperStar  Gold HP   $169.90      
       SuperStar  Grant     $195.65     ``FOR EXPORT USE ONLY'' 
       SuperStar  SS-122    $ 72.05     ``10 meter radio for export 
use only'' 

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. 

  5.      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 ....''  Chester J. Massie, Jr. / H and Y Electrical 
     Supply Company, Inc. offer for sale of the above listed 
     devices violates both sections. 

  6.      Chester J. Massie, Jr. / H and Y Electrical Supply 
     Company, Inc. markets these devices as amateur transceivers.  
     The Commission has evaluated radio frequency devices similar 
     to those listed in paragraphs 3 and 4, 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). 

  7.      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. 

  8.      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. 

  9.      In addition to the marketing of the non-certified 
     transceivers addressed above, Chester J. Massie, Jr. / H and Y 
     Electrical Supply Company, Inc. 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.  Non-certified 
     HF external RF power amplifiers requiring certification 
     include, but are not limited to, the following brands: Black 
     Cat, Boomer, Cobra, Galaxy, Hornet, HLA, KL, KLV, Little Red 
     Hooker, Magna Force, Messenger, Palomar, RM, RM / HLA, RM / 
     KL, Texas Star, X-Force.  

  10.     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,9 seizure of 
     equipment through in rem forfeiture action, and criminal 
     sanctions including imprisonment.10 

  11.     Chester J. Massie, Jr. / H and Y Electrical Supply 
     Company, Inc. may request a personal interview at the closest 
     FCC location to its place of business,11 namely: 

                    Federal Communications Commission 
                    Park Ridge Office Center, Suite 306 
                    1550 Northwest Highway 
                    Park Ridge, Illinois  60068-1460 

which can be  contacted by  telephone at  XXX XXX-XXXX.   They must 
schedule this interview to take place within 14 days of the date of 
this citation.  Chester J. Massie, Jr. / H  and Y Electrical Supply 
Company, Inc. may submit a written statement within  14 days of the 
date of this citation to the following address: 


                    Federal Communications Commission 
                    9330 LBJ Freeway, Suite 1170 
                    Dallas, Texas  75243-3470 

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-DL-095   and   citation   number 
C20053250001 should be referenced.

  12.     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:Federal Communications Commission 
   Park Ridge Office Center, Suite 306 
   1550 Northwest Highway 
   Park Ridge, IL  60068-1460 

   Chester J. Massie, Jr.
   H and Y Electrical Supply Company, Inc. 
   P.O. Box 39322 
   Louisville, KY  40233 

_________________________

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