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Federal Communications Commission
Washington, DC 20554
In the Matter of DNJ Radio Fremont, California ) ) ) ) ) ) File No.:
EB-FIELDWR-12-00005117 Citation No.: C201332960001
CITATION AND ORDER
Illegal Marketing of Unauthorized Radio Frequency Devices
Adopted: August 14, 2013 Released: August 15, 2013
By the District Director, San Francisco District Office, Western Region,
1. This is an official CITATION AND ORDER (Citation), issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to DNJ Radio (DNJ). Specifically, DNJ
is being cited for the marketing of unauthorized radio frequency
devices in violation of Section 302(b) of the Communications Act^ and
Sections 2.803 and 2.815 of the Commission's rules (Rules).^
2. Notice of Duty to Comply With Law: DNJ should take immediate steps to
come into compliance, to discontinue the marketing of unauthorized
radio frequency devices, and to avoid any recurrence of this
misconduct described herein. DNJ is hereby on notice that if it
subsequently engages in any conduct of the type described in this
Citation, including any violation of Section 302(b) of the Act or
Sections 2.803 and 2.815 of the Rules, it may be subject to civil
penalties, including but not limited to substantial monetary fines
(forfeitures) and seizure of equipment. Such forfeitures may be based
on both the conduct that led to this Citation and the conduct
3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct DNJ to respond in writing,
within thirty (30) calendar days after the release date of this
Citation, and signed under penalty of perjury, with descriptions of
the specific action(s) taken or plans to cease the marketing of
unauthorized radio frequency devices, to preclude recurrence of these
violations, and also a timeline for completion of any corrective
4. The Enforcement Bureau's San Francisco Office received reports that
DNJ Radio offered for sale non-certified Citizen Band (CB) and
Amateur Radio Service (ARS) linear amplifiers in Fremont, California.
DNJ Radio was reportedly offering for sale non-certified amplifiers
and kits on the internet website www.dnjradio.com (DNJ Radio
Website).^ A San Francisco agent investigated the reports and browsed
the DNJ Radio Website on October 25, 2012, and again on August 2,
2013, and confirmed that DNJ Radio was offering for sale
non-certified RM Italy linear amplifiers and amplifier kits capable
of operation with both CB 11 meter transceivers and ARS 10 meter
transceivers. A partial listing follows:
Brand Name Model
RM Italy AD 203 Stinger Board
RM Italy PCN-60 Stinger Board
RM Italy KLV 550 Linear Amplifier
RM Italy KLV 1000 Linear Amplifier
RM Italy HLA-150V Plus HF Professional Linear Amplifier
RM Italy HLA-300V Plus HF Professional Linear Amplifier
RM Italy KL 35 Mobile Unit Amplifier
RM Italy KL 60 Mobile Unit Amplifier
RM Italy KL 200 Mobile Unit Amplifier
RM Italy KL 203 Mobile Unit Amplifier
RM Italy KL 300 Mobile Unit Amplifier
RM Italy KL 300P Mobile Unit Amplifier
RM Italy KL 400 HF Amplifier
RM Italy KL 500 Mobile Unit Amplifier
RM Italy KL 501 HF Amplifier
According to Commission records, these devices have not received an FCC
grant of certification, which is required for external radio frequency
power amplifiers operating on frequencies below 144 MHz and marketed in
the United States.^
III. APPLICABLE LAW AND VIOLATIONS
5. Federal law requires that radio frequency devices must be certified
in accordance with the Commission's technical standards before they
can be marketed in the United States.^ Section 302(b) of the Act
provides 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."^
6. The applicable implementing regulations for Section 302(b) are set
forth in Section 2.803 of the Rules.^ Specifically, Section 2.803(a)
of the Rules provides, in relevant part, 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[,] . . . [i]n 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 S 2.925 and other relevant sections in this
Additionally, Section 2.803(g) of the Rules provides in relevant part
[R]adio frequency devices that could not be authorized or legally operated
under the current rules . . . shall not be operated, advertised,
displayed, offered for sale or lease, sold or leased, or otherwise
marketed absent a license issued under part 5 of this chapter or a special
temporary authorization issued by the Commission.^
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering for sale or lease, including advertising for sale or
lease, or importation, shipment or distribution for the purpose of selling
or leasing or offering for sale or lease."^
7. Section 2.815(a) of the Rules states that "...an external radio
frequency power amplifier is any device which, (1) when used in
conjunction with a radio transmitter as a signal source is capable of
amplification of that signal, and (2) is not an integral part of a
radio transmitter as manufactured."^ The devices listed in paragraph
4 meet this definition. Section 2.815(b) states that "[n]o 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 capable of operation on any
frequency or frequencies below 144 MHz unless the amplifier has
received a grant of certification in accordance with subpart J of
this part..."^ The devices listed in paragraph 4 have not received a
grant of certification from the FCC and they operate on frequencies
below 144 MHz. Section 2.815(b)(1) states that an "... external radio
frequency power amplifier shall not be capable of amplification in
the frequency band 26 - 28 MHz."^ All the devices listed in paragraph
4 have specifications that state they operate in this frequency band.
Section 2.803(b)(4) in part states that "...an external radio
frequency power amplifier ...intended for use in the Amateur Radio
Service..." must also have a grant of certification from the FCC.^
Again, there are no grants of certification from the FCC for the
equipment listed in paragraph 4.
8. DNJ Radio provides a disclaimer on its website for the devices listed
in paragraph 4 that states that "[a]ll RM Italy Units are for
industrial, scientific, medical, or export use only. It is a
violation of US FCC regulations to use it on 11 meter band in US."^
The amplifiers in question, however, are being offered for sale from
within the United States and anyone within the United States could
buy the devices regardless of the disclaimer.
9. The record in this case shows that, on October 25, 2012, and August
2, 2013, DNJ Radio offered for sale on the DNJ Radio Website, to
customers in the United States, non-certified linear amplifiers and
amplifier kits capable of operation with both CB and ARS
transceivers. Accordingly, DNJ Radio offered for sale multiple
non-certificated radio frequency devices. Based on the foregoing
evidence, we find that DNJ Radio violated Section 302(b) of the
Communications Act and Sections 2.803 and 2.815 of the Rules by
marketing and offering for sale in the United States unauthorized
radio frequency devices that do not have valid FCC certifications.^
IV. REQUEST FOR INFORMATION
10. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
DNJ is directed to describe in writing the steps it has taken or
plans to take to cease the marketing of unauthorized radio frequency
devices and provide the information requested below, as well as a
timeline for any corrective actions, within thirty (30) calendar days
after the release date of this Citation. A failure to respond in
writing, or an inadequate, incomplete, or misleading response, may
subject DNJ to additional sanctions.^
i. Provide a list of amplifiers manufactured, marketed, and/or imported
by RM Italy which are capable of use with both CB and ARS
transceivers. For each model, provide a technical specifications
sheet which includes the frequencies the device operates on, power
limits, and the manufacturer and/or importer of the device, if the
manufacturer or importer is not RM Italy. For each model, provide any
equipment certification, authorization, verification and/or
declaration of conformity issued to RM Italy or the manufacturer
and/or importer pursuant to the FCC's equipment authorization rules
for each model listed. For each model, also provide the supporting
documentation and test reports submitted or created by RM Italy to
support the equipment authorization grant.
ii. Provide documents that RM Italy has created concerning the use of
linear amplifiers on both CB and ARS transceivers and warnings to
users as to the operation on both CB and ARS frequency bands.
Provide any documents created by RM Italy in which it notifies the
sellers, buyers or users of its linear amplifiers of the potential
violations of FCC regulations for use with CB and ARS transceivers,
and/or an offer to sell the devices in the United States.
iii. Provide any and all information and documents received, created or
obtained, as part of the DNJ Radio investigation to determine if RM
Italy is licensed or authorized to sell, 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 certified or non-certified linear amplifiers.
V. RESPONDING TO THIS CITATION
11. In addition to the required written information described in
paragraphs 3 and 10, above, DNJ may, if it so chooses, respond to
this Citation--challenging the factual and legal findings
herein--within thirty (30) days from the release date of this
Citation either through (1) a written statement, (2) a teleconference
interview, or (3) a personal interview at the Commission Field Office
nearest to your place of business.
12. If you would like to arrange a teleconference or personal interview,
please contact David Hartshorn at (925) 416-9717. The nearest
Commission Field Office is located in Pleasanton, California. Such
teleconference or interview must take place within thirty (30)
calendar days of the date of this Citation. If you would like to
submit a written response, including any supporting documentation,
you must send the response within thirty (30) calendar days of the
date of this Citation to the contact and address provided in
paragraph 13, below.
13. All written communications, including the information requested in
paragraphs 3 and 10, above, should be provided to the address below.
Federal Communications Commission
San Francisco District Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
14. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include as much detail as you can. Also include a way we
can contact you if we need more information. Please allow at least
five (5) business days advance notice; last minute requests will be
accepted, but may be impossible to fill. Send an e-mail to
firstname.lastname@example.org or call the Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
15. Please be advised that it is a violation of Section 1.17 of the
Commission's rules (47 C.F.R. S 1.17) for any person or a staff
member of that person to make any false or misleading written or oral
statement of fact. Specifically, no person shall:
(1) In any written or oral statement of fact, intentionally provide
material factual information that is incorrect or intentionally omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading; and
(2) In any written statement of fact, provide material factual information
that is incorrect or omit material information that is necessary to
prevent any material factual statement that is made from being incorrect
or misleading without a reasonable basis for believing that any such
material factual statement is correct and not misleading.^
16. Further, the knowing and willful making of any false statement, or
the concealment of any material fact, in reply to this Citation is
punishable by fine or imprisonment under 18 U.S.C. S 1001.
17. If you violate Section 1.17 of the Commission's rules or the criminal
statute referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the
18. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are
informing you that the Commission's staff will use all relevant
material information before it, including information that you
disclose in your interview or written statement, to determine what,
if any, enforcement action is required to ensure your compliance with
the Communications Act and the Commission's rules.
VI. FUTURE VIOLATIONS
19. If, after receipt of this Citation, DNJ again violates Section 302(b)
of the Act or Sections 2.803 or 2.815 of the Rules by engaging in
conduct of the type described herein, the Commission may impose
monetary forfeitures not to exceed $16,000 for each such violation or
each day of a continuing violation, and up to $112,500 for any single
act or failure to act.^ For instance, the Commission could impose
separate forfeitures for each day on which a non-certificated CB
transmitter or external RF amplifier is sold or for each day on which
a non-certified RF device is advertised or otherwise offered for
sale. Further, as discussed above, such forfeitures may be based on
both the conduct that led to the Citation and the conduct following
it.^ In addition, violations of the Communications Act or the Rules
also can result in seizure of equipment through in rem forfeiture
actions,^ as well as criminal sanctions, including imprisonment.^
VII. ORDERING CLAUSES
20. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, DNJ must provide the written information
requested in paragraphs 3 and 10, above. The response to the request
for information must be provided in writing, signed under penalty of
perjury by an authorized official at DNJ with personal knowledge of
the information and representations provided in the written response,
and must be received by the FCC within thirty (30) calendar days
after the release date of this Citation and Order.
21. IT IS FURTHER ORDERED that a copy of this Citation and Order shall
be sent by First Class U.S. Mail and by Certified Mail, Return
Receipt Requested, to DNJ Radio at 3920 Argonaut Way, #333, Fremont,
FEDERAL COMMUNICATIONS COMMISSION
David K. Hartshorn
San Francisco District Office
^ 47 U.S.C. S 503(b)(5).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 2.815.
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent.") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ Information was also obtained that DNJ offered these types of devices
for sale on the websites www.amazon.com, www.ebay.com, and www.ioffer.com.
^ See 47 C.F.R. S 2.815(b).
^ See, e.g., Revision of Part 2 of the Commission's Rules Relating to the
Marketing and Authorization of Radio Frequency Devices, Report and Order,
12 FCC Rcd 4533 (1997).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. S 2.803.
^ 47 C.F.R. S 2.803(a).
^ 47 C.F.R. S 2.803(g).
^ 47 C.F.R. S 2.803(e)(4).
^ 47 C.F.R. S 2.815(a).
^ 47 C.F.R. S 2.815(b).
^ 47 C.F.R. S 2.815(b)(1).
^47 C.F.R. S 2.815(b)(4).
^ See DNJ Radio Website
http://www.dnjradio.com//product_info.php?products_id=231 (last visited
August 2, 2013).
^ 47 U.S.C. S 302a(b); 47 C.F.R. SS 2.803, 2.815.
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, PP 23-28 (2002) ($100,000
forfeiture for egregious and intentional misconduct, i.e., refusing to
attest to truthfulness and accuracy of responses to a Letter Inquiry
(LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order, 22 FCC
Rcd 15146 (Enf. Bur. 2007) ($4,000 forfeiture for failure to respond to an
LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC Rcd 3954 (Enf.
Bur. 2005) ($20,000 forfeiture for failure to respond to a USF LOI);
Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur.
2003) ($4,000 forfeiture for failure to respond to an LOI); World
Communications Satellite Systems, Inc., Notice of Apparent Liability for
Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) (proposing $10,000
forfeiture for a non-responsive reply to an LOI); Digital Antenna, Inc.,
Sunrise, Florida, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
7600 (Enf. Bur. 2008) (proposing $11,000 forfeiture for failure to provide
complete responses to an LOI).
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See paragraph 2, supra.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
Federal Communications Commission DA 13-1755
Federal Communications Commission DA 13-1755