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


In the Matter of                                                             
)
                                                                                      
)                                     File No.: EB-05-NY-297
Bob Paul d.b.a. LP Electronics                                     
)                                                 
                                                                                      
)                                     Citation No: C20063238002
Holtsville, New York 11742                                         
)                                                 


                             CITATION

                                       Released:  November 29, 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  Mr.  Bob  Paul  d.b.a.   LP  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.      An investigation by agents  in the FCC's New  York Office 
     revealed that  on October  27, 2005,  Mr. Bob  Paul d.b.a.  LP 
     Electronics offered for  sale at his  retail store  located at 
     1031 Waverly Avenue, Holtsville,  New York, six (6)  models of 
     non-certified Citizens Band (CB) transceivers, namely:

       NAME             MODEL                                 PRICE               
       DESCRIPTION       
                   GALAXY            DX 33 HML         $159.95               
``6 Band Radio''         
                   GALAXY            DX 45 MP            $279.00               
``8 Band Radio''
                   GALAXY            DX 95 T                  
$479.95               ``100 Watts''
                   RANGER             SS 3900               $289.95 
``15 - 20 Watts''
                   SUPPERSTAR    3900 G             $159.00               
``6 Band Radio''
                   COBRA               200 GTL DX        $325.00   
``100 Watts''

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.

  3.      Additionally, agents in the New York Office found that LP 
     Electronics at 1031 Waverly Avenue, Holtsville,  NY, is listed 
     as    the    contact     on    the    Internet     website 
     www.lpelectronics.safeshopper.com  .   On  October  21,  2005, 
     agents found that LP Electronics, through  the use of Internet 
     website www.lpelectronics.safeshopper.com,  offered  for  sale 
     the  following  fourteen  (14)   non-certified  Citizens  Band 
     Transceivers; 

           NAME          MODEL                                PRICE               
     DESCRIPTION
                   GALAXY        DX 33 HML             $189.95              
``6 Band Radio''
                   GALAXY        DX 55 HML             $189.95              
``6 Band Radio''
                   GALAXY        DX 66 HML             $259.95              
``Echo''
                   GALAXY        DX 45 MP                $234.95               
``Echo''
                   GALAXY        DX 99V                  $359.95               
``8 Band Radio''
                   GALAXY        95 T               $459.95               
``100 Watts''
                   CONNEX        3300 Confederate      $219.95              
``6 Band Radio''         
                   CONNEX        3300 American         $219.95               
``6 Band Radio''
                   CONNEX        3300 HP                 $214.95               
``15 Watts HP''
                   RANGER        RCI 2970DX             $419.95  
                   RANGER        6900F150                $424.95               
``12 Band Radio''
                   RANGER        RCI 2950DX             $294.95     
                   RANGER        6300 FTB                $419.95               
``12 Band Radio''
                   COBRA           29 NW LTD             $126.95

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.      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 pursuant  to Section 
     95.603(c) of the Rules.4  Mr. Bob  Paul d.b.a. LP Electronics' 
     offer for sale of these devices violates both sections.

  5.      Mr. Bob Paul d.b.a. LP Electronics marketed these devices 
     as amateur and/or  Citizen Band transceivers.   The Commission 
     has evaluated radiofrequency  devices similar to  those listed 
     in paragraphs 2 and 3 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 concluded 
     thatamateur transceivers that "have a  built-in capability to 
     operate on  CB  frequencies  and  can  easily  be  altered  to 
     activate that  capability, such  as  by moving  or removing  a 
     jumper  plug  or  cutting  a  single  wire''fall  within  the 
     definition of a CB transmitter and  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).

  6.      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...  .''6   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.

  7.      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.

  8.      Violations of the  Act and/or  of the  Commission's Rules 
     may subject the violator to substantial monetary forfeitures,8 
     seizure of  equipment through  in rem  forfeiture action,  and 
     criminal sanctions including imprisonment.9 

  9.      Mr.  Bob  Paul  d.b.a.  LP  Electronics  may  request  an 
     interview  at  the  closest  FCC  Office,   which  is  Federal 
     Communications Commission, New York Office, 201 Varick Street, 
     Suite 1151, New York, New York 10014.10   You may contact this 
     office  by  telephone,   (XXX)  XXX-XXXX,  to   schedule  this 
     interview, which must take  place within fourteen (14) days of 
     the date of  this Citation.  Alternatively,  you may  submit a 
     written statement to  the above  address within  fourteen (14) 
     days of  the date  of  this Citation.   Any written  statement 
     should specify  what actions  have been  taken to  correct the 
     violations outlined above.   Please reference case  number EB-
     05-NY-297 when corresponding with the Commission.

  10.      Any statement or information provided by you may be used 
     by the  Commission  to determine  if  any further  enforcement 
     action is  required.11    Any  knowingly  or  willfully  false 
     statement made in reply to this Citation is punishable fine or 
     imprisonment.12 

  11.     IT IS ORDERED that copies of this  Citation shall be sent 
     First Class  U.S.  Mail and,  Certified  Mail, Return  Receipt 
     Requested, to LP Electronics at its address of record.



                                   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 47 C.F.R.  1.80(b)(3).
9 See 47 U.S.C.  401, 501, 503, 510.
10 47 U.S.C.  503(b)(5).
11 See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
12 See 18 U.S.C.  1001 et seq.