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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Barbara A. Karolides File No.: EB-04-
DL-243
David C. Rose Citation:
C20053250003
Pink Lightning Chrome and CB's, Inc. Sent via
Certified
1575 Donna Road Return Receipt
Requested
West Palm Beach, FL 33409 and First Class
U.S. Mail
CITATION
Released: October 29, 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 Barbara A. Karolides / David C. Rose / Pink
Lightning Chrome & CB's, Inc. for violation of Section
302(b) of the Act,2 and Sections 2.803(a)(1) and
2.815(b)&(c) of the Commission's Rules.3
2. An investigation by the FCC's Dallas Office revealed that
the Internet domain name pinklightning.com is registered to
BigRig Chrome, 526 Smith Lane, Tullahoma, TN 37388 with
Andy Beckman, Chrome Helmet Music, 526 Smith Ln, Tullahoma,
TN 37388 listed as the administrative and technical
contact. Furthermore, on August 25, 2004, Barbara A.
Karolides, David C. Rose and Pink Lightning Chrome & CB's,
Inc., through the use of Internet site www.pinklightning.com
(with the name and address currently listed on the site as
``Pink Lightning Chrome & CB's, 1575 Donna Road, West Palm
Beach, FL 33409''), offered for sale the following twenty-
four (24) non-certified Citizens Band transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 3300 $189.99 ``Band (A,B,C,D,E,orF)
Selector'', ``Echo''
Connex 3300HP $199.99 ``240 Channels'', ``Band
Switch-Hi/Low''
Connex 4400 $215.99 ``8 Bands, 360 Channels'',
``Echo/Reverb''
Connex 4400 HP $229.99 ``8 Bands, 360 Channels'',
``Echo/Reverb''
Connex 4800-DXL $319.99 ``12 Bands of 40 Channels
(480 Channels)''
Galaxy DX-33HML $185.99 ``6 Bands, 240 Channels'',
``Echo/Reverb''
Galaxy DX-44V $199.99
Galaxy DX 48T $379.99 ``50 watts for AM and FM''
Galaxy DX-55V $199.99
Galaxy DX66V $259.99 ``8 Bands, 360 Channels'',
``Echo/Reverb''
Galaxy DX 73V $289.99 ``8 Bands, 360 Channels''
Galaxy DX-77HML $249.99 ``6 Bands, 240 Channels''
NAME MODEL PRICE DESCRIPTION
Galaxy DX 88HL $325.99 ``360 Channels'',
``Echo/Reverb''
Galaxy DX 93T $409.99 ``50 watts for AM/FM and 150
watts for SSB''
Galaxy DX 95T $449.99 ``50 watts for AM/FM and 150
watts for SSB''
Galaxy DX99V $355.99 ``8 Bands, 360 Channels'',
``Echo/Reverb''
Ranger RCI-2950DX $309.99
Ranger RCI-2970DX $449.99 ``150 Watt High Power
Model''
Ranger RCI-2985DX $489.99
Ranger RCI-2995DX $589.99
Ranger RCI-6300F25 $299.99 ``6-band segments''
Ranger RCI-6300 F150 $449.99 ``6-band segments''
Ranger RCI-6900 F25 $339.99 ``6-band segments''
Ranger RCI-6900 F150 $489.99 ``6-band segments''
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 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 ....'' Barbara A.
Karolides / David C. Rose / Pink Lightning Chrome & CB's,
Inc. offered these devices for sale in violation of both
sections.
4. Barbara A. Karolides / David C. Rose / Pink Lightning
Chrome & CB's, Inc. marketed these devices as amateur and/or
Citizens Band transceivers. The Commission has evaluated
radio frequency 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 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).
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 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.
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. In addition to the marketing of the non-certified
transceivers addressed above, Barbara A. Karolides, David C.
Rose and Pink Lightning Chrome & CB's, Inc. are 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 External RF Power Amplifiers
requiring certification include, but are not limited to, the
Texas Star brand.
8. Subsequent violations of the Communications Act and/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
9. Barbara A. Karolides / David C. Rose / Pink Lightning
Chrome & CB's, Inc. may request a personal interview at the
closest FCC location to its place of business,11 namely:
Federal Communications Commission
2203 N. Lois Avenue, Suite 1215
Tampa, Florida 33607-2356
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. Barbara A. Karolides / David C. Rose / Pink
Lightning Chrome & CB's, 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-243 and citation number
C20053250003 should be referenced.
10. 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
FCC Enforcement Bureau
LRB
Cc:Mr. David C. Rose
Pink Lightning Chrome & CB's, Inc.
1205 Whitney St
West Palm Beach, FL 33401-6861
Mr. Andy Beckman
Pink Lightning Chrome & CB's
Chrome Helmet Music
526 Smith Ln
Tullahoma, TN 37388
Federal Communications Commission
2203 N. Lois Avenue, Suite 1215
Tampa, FL 33607-2356
Resident agents
Miami, FL
_________________________
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