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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Consumer Electronics Service, Inc. ) File No. EB-03-
DT-742
)
Austintown, Ohio ) Citation No.
C20043236001
CITATION
Released: October
21, 2003
By the Enforcement Bureau, Detroit 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 Consumer Electronics Service, Inc.
(``Consumer Electronics'') for violation of Section 302(b)
of the Act,2 and Sections 2.803(a)(1) and 2.815(b) of the
Commission's Rules (``Rules'').3
2. On July 24, 2003, agents from the Detroit Office of the
Federal Communications Commission (``FCC'') inspected radio
transmitting equipment at Consumer Electronics, 5407
Mahoning Avenue, Austintown, Ohio. They found two models of
a Citizens Band radiofrequency amplifier (``linear'') for
sale, in violation of the FCC's marketing Rules. The
linears were a Matco 225 Plus and Palomar TX-220B.
3. The linear amplifiers, which you are offering to sell,
are not only illegal to sell but also illegal to advertise
for sale. 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 ......'' Section 2.815(b) of the Rules
states: ``... no person shall manufacture, sell ... any
external radio frequency power amplifier or amplifier kit
capable of operation on any frequencies between 24 and 35
MHz.''
4. Consumer Electronics is hereby warned that selling
linear amplifiers constitutes a violation of the Federal
laws cited above. THE SALE OF ILLEGAL LINEAR AMPLIFIERS
MUST BE DISTONTINUED IMMEDIATELY.
5. Subsequent violations of the Communications Act 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,4 seizure of
equipment through in rem forfeiture action, and criminal
sanctions including imprisonment.5
6. You may request a personal interview at the
Commission's Field Office nearest your place of business.
The nearest office is the Detroit Office, 24897 Hathaway
Street, Farmington Hills, Michigan 48335-1552, which you can
contact by telephone at XXX XXX-XXXX. You must schedule
this interview to take place within twenty-one (21) days of
the date of this Citation. Alternatively, you may submit a
written statement to the above address within twenty-one
(21) 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-03-DT-742 when corresponding with the Detroit
Office.
7. This Citation shall be sent shall be sent First Class
U.S. Mail and, Certified Mail, Return Receipt Requested, to
Consumer Electronics Service, Inc., 5407 Mahoning Avenue,
Austintown, Ohio 44515.
8. The Privacy Act of 19746 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.7 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
James A.
Bridgewater
District
Director
Detroit
Office
_________________________
1 47 U.S.C. § 503(b)(5)
2
47 U.S.C. § 302(b)
3
47 C.F.R. § §2.803(a)(1) & 2.815(b)
4 See 47 C.F.R. § 1.80(b)(3)
5
See 47 U.S.C. §§ 401, 501, 503, 510
6
P.L. 93-579, 5 U.S.C. § 552a(e)(3)
7
18 U.S.C. § 1001 et seq.