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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Community Communications, Inc. ) File No. EB-04-NY-
160
)
Fair Lawn, New Jersey ) Citation No.
C20043238002 )
CITATION
Released: July 1,
2004
By the Enforcement Bureau, New York 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 Community Communications, Inc.
(``Community'') for violation of Section 302(b) of the Act,2
and Section 2.803(a)(1) of the Commission's Rules
(``Rules'').3
2. On June 25, 2004, Community offered for sale at their
store located at 7-05 Fair Lawn Avenue, Fair Lawn, New
Jersey, the following non-certified Citizens Band (``CB'')
transceivers:
NAME MODEL COST
Galaxy DX 33L $250
Galaxy DX 44V $300
Galaxy DX 66V $325
Galaxy DX 48T $400
Galaxy Mirage 9900 $375
Galaxy Mirage 6600 $350
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. 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....'' Community's offer
for sale of these devices violates both sections.
4. Community marketed these devices as amateur
transceivers. The Commission has evaluated radiofrequency
devices similar to those listed in paragraph 2 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.4 The Commission has further concluded that
these devices fall within the definition of a CB transmitter
and therefore 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).
5. 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 Rules5 states
``....([CB] Transmitters with frequency capability for the
Amateur Radio Services....will not be certificated).'' See
also FCC 88-256, 1988 WL488084 (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.
6. Furthermore, the Commission has revised Section
2.1204(a)(5) of its Rules6 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.
7. Subsequent violations of the Communications Act and/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,7
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.8
8. Community may request a personal interview at the
Commission's Field Office nearest your place of business.
The nearest office is the New York Office, 201 Varick
Street, Suite 1151, New York, New York 10014, which you may
contact by telephone at XXX XXX-XXXX. You must schedule
this interview to 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-
04-NY-160 when corresponding with the New York Office.
9. This Citation shall be sent First Class U.S. Mail and,
Certified Mail, Return Receipt Requested, to Community
Communications, Inc., 7-05 Fair Lawn Avenue, Fair Lawn, New
Jersey 07410.
10. The Privacy Act of 19749 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.10 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
Daniel W.
Noel
District
Director
New York
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)
4 See 47 C.F.R, §§ 95.603(c), 2.803
5
47 C.F.R. § 95.655(a)
6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000
7
See 47 C.F.R. § 1.80(b)(3)
8
See 47 U.S.C. §§ 401, 501, 503, 510
9
P.L. 93-579, 5 U.S.C. § 552a(e)(3)
10
18 U.S.C. § 1001 et seq.