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.
*****************************************************************
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
August 23, 2017
Luke Miller
d/b/a BBI Amps
(Address withheld)
(Address withheld)
Re: WARNING NOTICE
EB-FIELDNER-17-00024801
Dear Mr. Miller:
It has come to the attention of the Federal Communications Commission that BBI
Amps is marketing unauthorized radio frequency devices in violation of Section 302(b)
of the Act
1
and Section 2.815(b) of the Commission’s Rules.
2
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.”
3
Section 2.815(b) of the Commission’s Rules provides that external radio frequency power
amplifiers capable of operation on frequencies below 144 MHz may not be offered for
sale unless they have first been authorized in accordance with the Commission’s
certification procedures.
4
Section 2.815(b)(1) of the Rules prohibits persons from
offering for sale any external radio frequency power amplifier
5
that is capable of
amplification in the frequency bands between 26-28 MHz.
6
In particular, the Commission received a complaint that BBI Amps, an on-line
retailer of Citizen Band (CB) radios, linear amplifiers, and radio accessories, was selling
CB linear amps. Based upon the information provided in the complaint, it appears that
BBI Amps violated Section 302(b) of the Act and Section 2.815(b) of the Rules by
marketing and offering for sale unauthorized radio frequency devices that do not have
1
47 U.S.C. § 302(b).
2
47 C.F.R. § 2.815(b).
3
47 U.S.C. § 302(b).
4
47 C.F.R. § 2.815(b).
5
An external radio frequency power amplifier is defined as “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.” See 47 C.F.R. § 2.815(a).
6
Id.
valid FCC certifications and, to the extent that these devices operate in the frequency
bands between 26-28 MHz, are not eligible to received FCC certification.
7
ANY UNAUTHORIZED SALE OF THESE RADIO DEVICES MUST
CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond to this
office. The response must contain a statement of the specific action(s) taken to ensure
compliance with the Commission’s rules and should include a time line for completion of
any pending corrective action(s). You are directed to support your response with a
signed and dated affidavit or declaration under penalty of perjury, verifying the
truth and accuracy of the information submitted in your response. Your response
should be sent to: Federal Communications Commission, Laura Smith, Esq., 1270
Fairfield Road, Gettysburg, PA 17325 and reference the listed case number.
If, after receipt of this Warning Notice, BBI Amps again violates Section 302(b)
of the Act or Section 2.815(b) of the Rules by engaging in conduct of the type described
herein, it may be subject to severe penalties, including monetary forfeiture (fines).
8
In an inquiry of this type we are required to notify you that under the Privacy Act
of 1974, 5 U.S.C. § 552a(e)(3), the Commission’s staff will use all relevant information
before it, including information you disclose in your reply, to determine what, if any,
enforcement action is warranted in this matter.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Spectrum Enforcement Division
Enforcement Bureau
7
47 U.S.C. § 302(b); 47 C.F.R. § 2.815(b).
8
Fines normally range from $7,500 to $10,000.