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1
Federal Communications Commission
Enforcement Bureau
Seattle Field Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034-6927
1-888-CALL FCC (225-5322)
ImTec Electronics
FILE No.: EB-04-ST-064
ATTN: Mr. Les Elliot
Sent via Certified
11200 E. Sprague Ave., Suite B
Return Receipt requested and
Spokane Valley, WA 99206-5271
First Class mail
CITATION
Citation No.: C200432980001
Released: March 30, 2004
By the Enforcement Bureau, Seattle Office
1. This is an Official Citation issued pursuant to
Section 503(b) of The Communications Act of 1934, as
amended (``Act''), 1 to Mr. Les Elliot, owner of ImTec
Electronics of Spokane Valley, WA, for violation of Section
302(b) of the Act, 2 and Section 2.803(a)(1) of the
Commission's Rules.3
2. An investigation by the FCC's Seattle Office
revealed that on March 11, 2004, you offered for sale at
your retail store located at 11200 E. Sprague Ave. non-
certified Citizens Band (CB) transceivers, namely, Galaxy
Models DX series , and Amateur service transceivers, namely,
RCI Models-2950 and 6900F (modifiable) for CB use. According
to Commission's records, these devices have not received an
FCC equipment authorization which is required for Citizens
Band transmitters marketed in the United States.
Furthermore, these devices bore no FCC equipment
authorization labeling that is required for Citizens Band
transceivers marketed in the United States.4
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...''
Les Elliot's ImTec Electronics offer for sale of these
devices violates both sections.
4. 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.)'' See also FCC 88-256, 1988 WL 488084
(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. The Galaxy model CB transceivers previously
mentioned were identified as having the modification or the
capability to enable dual use of CB and amateur frequencies.
These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX48T;
Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy
DX77HML.
5. Furthermore, the Commission has revised Section
2.1204(a)(5) of its rules 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.
6. Subsequent violations of the Communications Act or
of 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,
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.
7. Mr. Les Elliot may request a personal interview at
the closest FCC location to its place of business, namely:
Federal Communications Commission
11410 N.E. 122nd Way Suite 312
Kirkland, WA 98034- 6927
which can be contacted by telephone at XXX XXX-XXXX. Any
written statement should specify what actions have been
taken to correct the violation outlined above. When
corresponding with the Commission, case number EB-04-ST-064
should be referenced.
8. Any statement or information provided may be used by
the Commission to determine if further enforcement action is
required. Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.
FEDERAL COMMUNICATIONS COMMISSION
Dennis J. Anderson
District Director, Seattle
Office
_________________________
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.409(a) & 2.925(a)