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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Chester J. Massie, Jr. File No.: EB-04-
DL-095
H and Y Electrical Supply Company, Inc. Citation:
C20053250001
1714 Griffin Gate Road Sent via
Certified Mail
Louisville, KY 40205 Return Receipt
Requested
and First Class
U.S. Mail
CITATION
Released: October 14, 2004
By the Enforcement Bureau, Dallas 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 Chester J. Massie, Jr. / H and Y Electrical
Supply Company, Inc. for violation of Section 302(b) of the
Act,2 and Section 2.803(a)(1) of the Commission's Rules.3
2. On September 20, 2004, the FCC received a confidential
report alleging that H and Y Electrical Supply Company was
marketing non-certified ``10-meter'' CB transceivers.
3. An investigation by the FCC's Dallas Office revealed that
Chester J. Massie, Jr. / H and Y Electrical Supply Company,
Inc. is offering for sale in its 2004 / 2005 WHOLESALE CATALOG
the following non-certified Citizens Band transceivers:
NAME MODEL PRICE DESCRIPTION PAGE
Connex 3300Patriot$189.95 ``Band selector'' ``Band
HI/LO'' 19
Connex 3300R $164.95 ``6 BANDS'' 17
Connex 3300HP $184.95 ``6 BANDS'' 17
Connex CX4400 HP $219.95 ``8 BANDS'' 16
Connex CX4800 DXL/E $299.95 ``12
BANDS 2400 CHANNELS'' 16
Connex Deer Hunter$119.95 ``120 CHANNELS'' 19
Connex Coyote Hunter $149.95 ``5
BANDS!'' 19
Connex Rebel $169.95 ``band selector'', ``band hi/lo
switch'' 18
Connex Rebel HP $189.95 ``6 bands'' 18
Galaxy DX33HML Call ``Channels: 240 AM, 240 FM'' 7
Galaxy DX44V Call ``Channels: 361 AM, 361 FM'' 7
Galaxy DX-48T Call ``8 bands!'' 6
Galaxy DX55V Call ``Channels: 240 AM, 240 FM'' 7
Galaxy DX66V Call ``Channels: 361 AM, 361 FM'' 7,
8
Galaxy DX73V Call ``Channels: 361 AM, 361 FM'' 7
NAME MODEL PRICE DESCRIPTION PAGE
Galaxy 77 Call ``Channels: 271 AM, 271 FM'' 7
Galaxy DX88HL Call ``Band Switch'' 8
Galaxy DX-93T Call ``8 bands!'' 6
Galaxy DX95T Call ``8 BANDS!'' 5
Galaxy DX99V Call ``Robot/VC Switch'' 8
Galaxy DX2517 Call ``Band Select Switch'' 3
Galaxy EXR-45mp $Call ``8 bands!'' 11
Magnum 257 $179.95 21
Magnum 357 DX $349.95 21
Magnum 3200 $259.95 ``240 CHANNELS'' 4
Magnum Delta Force$209.95 ``Echo on/Off'' 21
Magnum M-1 $199.95 ``6 BANDS'' 23
Magnum Mini $ 69.95 ``40, 120, OR 400 CHANNEL
RADIO''20
Magnum Omega Force$259.05 ``TALKBACK'' 21
Magnum S-3 $199.95 ``BAND SWITCH'', ``TALKBACK''
22
Magnum S-9 $319.95 ``8 BANDS'' 22
Maverick A24 $189.95 ``BAND [SWITCH]'', ``ECHO
ON/OFF'' 20
Mirage 66 $199.95 ``BAND CONTROL'', ``ROBOT/VC''
23
Mirage 88 $259.95 ``Echo'', ``Band Switch'' 23
Ranger RCI-2950DX Call 23
Ranger RCI-2970 Call 23
Ranger RCI-2980WX Call 23
Ranger RCI-2985DX Call 23
Ranger RCI-2995DX Call 23
Ranger RCI-6300F25Call 23
Ranger RCI-6300F150 Call 23
Ranger RCI-6900F25Call 23
Ranger RCI-6900F150 Call 23
President Lincoln $289.95 15
SuperStar 3900 $159.95 ``a-b-c-d-e-f bands'' 13
SuperStar 3900GHP $159.95 ``6 BANDS'' 14
SuperStar 3900Plus $159.95 ``6 BANDS'' 12
SuperStar Grant $189.95 ``480 Channels'' 14
Voyage 9000 $199.95 ``6 BANDS'' 15
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.
4. Additionally, investigation by the FCC's Dallas Office
revealed that the Internet domain name hyelectronics.com is
registered to H & Y Electronics Supply Company, 7504 Fegenbush
Lane, Louisville, KY 40228-1571 with Chester Massie-Sr. listed
as the administrative contact. Furthermore, on October 1,
2004, H&Y Electronics with a mailing address listed as P.O.
Box 39322, Louisville, KY and telephone number listed as 1-
502-231-2931, offered for sale through its Internet site
www.hyelectronics.com, the following non-certified Citizens
Band transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 4400 HP $226.55 ``Echo Switch'', ``FOR
EXPORT USE ONLY''
Connex 4800 DX LE $299.95 ``2400 CHANNELS''
Connex C-33PATHP $195.65
Connex C-48DXLE $308.95
Connex Coyote Hunter $154.45 ``band selector'',
``FOR EXPORT USE ONLY''
Connex CX-HPCF $195.65 ``echo/off switch'', ``FOR
EXPORT USE ONLY''
Galaxy ``88 refurb'' $259.95 ``ECHO''
Galaxy DX-2517 $419.95 ``*for export use only''
Galaxy DX-2547 $264.95 ``*For export use only''
Magnum 257 $179.95 ``AM/FM/LSB/USB''
Magnum M-1 $199.95 ``Echo'', ``Top Gun
Modulator''
Mirage 66 $205.95 ``MOBILE''
Mirage 88 $238.95 ``SAME FEATURES AS THE
GALAXY 88''
Mirage 88 $267.75 ``Band Selector'', ``FOR
EXPORT USE ONLY''
Mirage 99 $288.35 ``Robot/VC'', ``FOR EXPORT
USE ONLY''
Ranger 2950 DX $253.54
Ranger 2970 DX $411.99
Super Star 121 $144.15 ``AM/FM Mobile'', ``FOR
EXPORT USE ONLY''
SuperStar 3900 $144.15
SuperStar 3900 Gold $185.35 ``FOR EXPORT USE
ONLY''
SuperStar Gold HP $169.90
SuperStar Grant $195.65 ``FOR EXPORT USE ONLY''
SuperStar SS-122 $ 72.05 ``10 meter radio for export
use only''
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.
5. Section 302(b) of the Act2 provides ``[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.'' Section 2.803(a)(1) of the Rules3 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 ....'' Chester J. Massie, Jr. / H and Y Electrical
Supply Company, Inc. offer for sale of the above listed
devices violates both sections.
6. Chester J. Massie, Jr. / H and Y Electrical Supply
Company, Inc. markets these devices as amateur transceivers.
The Commission has evaluated radio frequency devices similar
to those listed in paragraphs 3 and 4, and concluded that the
devices at issue are not only amateur radios but can easily be
altered for use as Citizens Band 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).
7. 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 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.
8. 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.
9. In addition to the marketing of the non-certified
transceivers addressed above, Chester J. Massie, Jr. / H and Y
Electrical Supply Company, Inc. is warned that Section 302(b)
of the Act2, and Section 2.815(c) of the Commission's Rules7
requires FCC Type Acceptance (or Certification) of External
Radio Frequency Power Amplifiers (or amplifier kits) capable
of operation on any frequency or frequencies below 144 MHz.
Furthermore, Section 2.815(b) of the Commission's Rules8
prohibits the marketing of External Radio Frequency Power
Amplifiers (or amplifier kits) capable of operation on any
frequency or frequencies between 24 and 35 MHz. Non-certified
HF external RF power amplifiers requiring certification
include, but are not limited to, the following brands: Black
Cat, Boomer, Cobra, Galaxy, Hornet, HLA, KL, KLV, Little Red
Hooker, Magna Force, Messenger, Palomar, RM, RM / HLA, RM /
KL, Texas Star, X-Force.
10. 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,9 seizure of
equipment through in rem forfeiture action, and criminal
sanctions including imprisonment.10
11. Chester J. Massie, Jr. / H and Y Electrical Supply
Company, Inc. may request a personal interview at the closest
FCC location to its place of business,11 namely:
Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, Illinois 60068-1460
which can be contacted by telephone at XXX XXX-XXXX. They must
schedule this interview to take place within 14 days of the date of
this citation. Chester J. Massie, Jr. / H and Y Electrical Supply
Company, Inc. may submit a written statement within 14 days of the
date of this citation to the following address:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
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-DL-095 and citation number
C20053250001 should be referenced.
12. Any statement or information provided may be used by the
Commission to determine if further enforcement action is
required.12 Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.13
FEDERAL COMMUNICATIONS
COMMISSION
James D. Wells
District Director - Dallas
Office
LRB
cc:Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, IL 60068-1460
Chester J. Massie, Jr.
H and Y Electrical Supply Company, Inc.
P.O. Box 39322
Louisville, KY 40233
_________________________
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. §§ 95.603(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 47 C.F.R. § 2.815(c)
8 47 C.F.R. § 2.815(b)
9 See 47 C.F.R. § 1.80(b)(3)
10 See 47 U.S.C. §§ 401, 501, 503, 510
11 See 47 U.S.C. § 503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
13 See 18 U.S.C. §1001