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



In the Matter of                )       
                                )       
Eugene Dezanett                 )            File  No.  EB-05-NY-
045
d.b.a. Pro Class Electronics    )
Perrysburg, OH                  )            Citation         No. 
C20053238001                            )    

                            CITATION
                                             Released: March 8, 
2005
                                                                                                     

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

  1.      This is an Official Citation issued pursuant to Section 
     503(b)(5) of  the Communications  Act  of 1934,  as  amended 
     (``Act''),1 to Eugene Dezanett d.b.a. Pro Class  Electronics 
     for violation of  Section 302(b)  of the  Act,2 and  Section 
     2.803(a)(1) of the Commission's Rules (``Rules'').3

  2.      On February 2, 2005,  Eugene Dezanett d.b.a. Pro  Class 
     Electronics, through the Internet site www.proclassradio.com 
     offered for  sale, the  following sixty  (60)  non-certified 
     Citizens Band (``CB'') transceivers:

  NAME               MODEL                           PRICE            
DESCRIPTION  
  Connex                       3300                       
$224.99                   ``Similar to Galaxy DX33HML'' 
  Connex                       3300 HP                    
$239.99           
  Connex                       4400                       
$249.99          
  Connex                       4400 HP                    
$274.99                   ``8 Band modifiable'' 
  Connex                       4800 DXL   $349.99               
``12 bands of illicit channels'' 
  Connex                       4800 DXL w/ echo   $349.99            
``With Ranger Digital Echo Board'' 
  Galaxy                       DX 33 HML        $719.95      
  Galaxy                       DX 44V                    $229.95  
  Galaxy                       DX 45 MP               $279.95    
  Galaxy                       DX 48T                    $389.95  
  Galaxy                       DX55V                     $221.95  
  Galaxy                       DX66V                     $298.95  
  Galaxy                       DX73V                     $319.99 
  Galaxy                       DX 77HML             $281.99    NAME              MODEL                         PRICE              
DESCRIPTION  
  Galaxy                       DX 88HL                 $369.95    
  Galaxy                       DX 93T                     
$439.95           
  Galaxy                       DX 95T    
  Galaxy                       DX99V                      
$399.95           
  Galaxy                       DX2517                     
$489.99          
  Galaxy                       DX2527                     
$538.99                     ``Like  a  RCI2950  except  as   Base 
Version''
  Galaxy                       Melaka (Base)          $269.99              
``240 channels'' 
  (Galaxy)              Pluto                     $294.99   
  Galaxy                       Saturn (Base)            $469.99            
``271 channels'' 
  Galaxy                       Saturn Turbo (Base)  $619.99      
  General                      Grant                      
$429.99                    ``24-30MHz, 12 bands, 480 channels'' 
  General                      Grant w/ Echo           $479.95             
``Echo installed in place of NB/ANL switch'' 
  General                      Stonewall Jackson     $599.95     
  General                      Lee                        
$219.95                     ``25.6  -  28.3  MHz,  6  bands,  240 
channels'' 
  General                      Washington               $219.95            
``25.6 - 28.3 MHz, 6 bands, 240 channels''
  Magnum              257                         $239.95             
``AM/FM/USB/LSB'' 
  Magnum              357 DX                      $439.95   
  Magnum              Alpha Force              $209.95           
``Shipping ... to your door. (Continental USA)''
  Magnum              Delta Force               $309.95               
Conversion instructions included.
  Magnum              Mini                        $89.95              
``channel coverage better than Connex  3300''
  Magnum              S-3                          ``programmable 
to 6 bands out of a possible 12'' 
  Mirage                       33 HP                     $234.99 
  Mirage                       44                        $234.99 
  Mirage                       6600                      $275.99 
  Mirage                       88                        $334.99 
  Mirage                       99                        $344.99 
  Mirage                       2950                      $289.99 
  Mirage                       2970                      $414.90 
  Mirage                       9900                      $339.95           
``8 band'', ``Robot Voice''
  Ranger                       RCI 2970                      
$319.95                    ``Used Radios'' 
  Ranger                       RCI-6300                      
$199.00                    (used) 
  Ranger                       RCI-6300 Turbo         $299.00              
(used) 
  Ranger                       RCI-6900                      
$250.00                    (used) 
  Ranger                       RCI-6900 Turbo         $325.00              
(used) 
  RCI               RG-99                            $279.99     
  SuperStar            121                       ``Full channel 
27 MHz'' 
  SuperStar            3700                      ``AM/FM'', 
``120 AM, 120 FM''
  SuperStar            3900                          $224.99               
``360 channels'', ``channel 9 switch'' 
  SuperStar            3900 HP G                 ``360 
channels'', ``channel 9 switch''
  Super Star           3900 Gold                     $244.99     
  Super Star           4800                          $219.99     
  (Super Star)        Grant                          $224.99     
  Virage                      3300                           
$229.99          
  Virage                      3300 HP                        
$244.99          
  Virage                      VX-38                          
$229.99          
  Virage                      VX-39                          
$249.99          

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.  
Additionally, a Cherokee model CM-10  is offered for sale on  the 
Internet site for $149.95 with the statement ``Epoxy has  already 
been carefully  removed.''  The  removal of  the epoxy  from  the 
frequency determining circuitry of this unit voided the  coverage 
of this  transceiver under  FCC  Certification MGPCM-10  and  the 
modified device may not be marketed.

  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....''  CB  transmitters 
     must be  certified  pursuant  to Section  95.603(c)  of  the 
     Rules.4   Eugene  Dezanett  d.b.a.  Pro  Class   Electronics 
     offered  for  sale  these  devices  in  violation  of   both 
     sections.

  4.      Eugene Dezanett d.b.a.  Pro Class Electronics  marketed 
     these devices as amateur and/or Citizens Band  transceivers.  
     The Commission has evaluated radio frequency 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 CB 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.5  
     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 Rules6  states 
     ``....([CB] Transmitters with  frequency capability for  the 
     Amateur Radio Services....will not be certificated).''   See 
     also FCC  88-256, 1988  WL488084  (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 Rules7 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.      Subsequent violations of the Communications Act  and/or 
     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,8 
     seizure of equipment through  in rem forfeiture action,  and 
     criminal sanctions including imprisonment.9 

  8.      Eugene  Dezanett  d.b.a.  Pro  Class  Electronics   may 
     request a  personal  interview  at  the  Commission's  Field 
     Office nearest his place of business, namely:

                    Federal Communications Commission 
                    Detroit Office
                    24897 Hathaway Street 
                    Farmington Hills, Michigan  48335-1552  

which can be  contacted by  telephone at XXX  XXX-XXXX.  He  must 
schedule this interview to take  place within fourteen (14)  days 
of the date of this citation.  Alternatively, Eugene D.  Dezanett 
d.b.a. Pro  Class  Electronics  may submit  a  written  statement 
within fourteen (14)  days of the  date of this  citation to  the 
following address: 

                    Federal Communications Commission
                    New York Office
                    201 Varick Street, Suite 1151
                    New York, NY  10014

which can be contacted by telephone at XXX XXX-XXXX.  Any written 
statement should specify what actions have been taken to  correct 
the violations outlined above.  Please reference case number 
EB-05-NY-045 and citation number C20053238001 when  corresponding 
with the Commission.  

  9.      This Citation shall be sent First Class U.S. Mail  and, 
     Certified Mail, Return Receipt Requested, to Eugene Dezanett 
     d.b.a. Pro Class Electronics at its address of record.

  10.     The Privacy Act of 197410  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  Citation  is 
     punishable by fine  or imprisonment  under Title  18 of  the 
     U.S. Code.11  Please be  advised that if  you choose not  to 
     respond to this  Citation and a  forfeiture is issued,  your 
     unresponsiveness will be considered  in our assessment of  a 
     forfeiture amount.

                                                          FEDERAL 
     COMMUNICATIONS COMMISSION



                                                      Daniel W. 
                            Noel
                                                      District 
                            Director
                                                      New York 
                            Office
                                     Northeast Region
                                     Enforcement Bureau

_________________________

1 47 U.S.C.  503(b)(5)
2 47 U.S.C.  302(b)
3 47 C.F.R.  2.803(a)(1)
4 47 C.F.R.  95.603(c).
5 See 47 C.F.R,  95.603(c), 2.803
6 47 C.F.R.  95.655(a); see also FCC 88-256, 1988 WL488084 
(August 17, 1988).  
7 47 C.F.R.  2.1204(a)(5) revised effective February 28, 2000.

8 See 47 C.F.R.  1.80(b)(3)
9 See 47 U.S.C.  401, 501, 503, 510
10 P.L. 93-579, 5 U.S.C.  552a(e)(3)
11 18 U.S.C.  1001 et seq.