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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554


Carl C. Curatola                                  File No.: EB-04-
DL-263
d.b.a. 1 Stop Electronics                         Citation: 
C20053250005
1879 N Neltnor Blvd.                              Sent via 
Certified
West Chicago, IL  60185                           Return Receipt 
Requested
                                                  and First Class 
U.S. Mail


                             CITATION

                                         Released: December 6, 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 Carl C. Curatola d.b.a. 1 Stop Electronics 
       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 1stopelectronics.com is registered 
       to 1 Stop, Carl C., 1879 N. Neltnor, West Chicago, IL  60185 
       with an e-mail address listed as xforce151@aol.com.  On July 
       1, 2004, the State of Illinois dissolved the corporation 1 
       Stop Electronics, Inc. where Carl Curatola was listed as the 
       corporation's prior president.  Furthermore, on November 11, 
       2004, Carl C. Curatola d.b.a. 1 Stop Electronics, through 
       the use of Internet site www.1stopelectronics.com (with the 
       name and telephone numbers currently listed on the site as 
       ``1 Stop Electronics, 877-894-1STOP, 630-393-3366, 847-550-
       1500, and 888-588-1505''), offered for sale the following 
       thirty-five (35) non-certified Citizens Band transceivers:  

      NAME       MODEL         PRICE   DESCRIPTION  
      Connex     3300          $179.99 ``6 Bands of 40 Channels'' 
      Connex     3300 HP       $199.99 ``6 Bands of 40 Channels'' 
      Connex     3300 Limited Ed HP    $229.99    ``6 Bands of 40 
Channels'' 
      Connex     4400 HP       $229.99 ``8 Bands of 40 Channels'' 
      Connex     4800 DXL      $299.99 ``12 Bands of 40 Channels'' 
      Connex     Deer Hunter   $149.99 ``3 Bands (120 Ch Export 
Version)'' 
      Galaxy     DX 33 HML     $189.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX 44V        $209.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX 48T        $399.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX55V         $199.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX66V         $269.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX 77HML      $249.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX 88HL       $319.99 ``FOR EXPORT USE ONLY'' 
      Galaxy     DX 93T        $429.99        NAME       MODEL         PRICE   DESCRIPTION  
      Galaxy     95T           $429.99 ``Echo'' 
      Galaxy     DX99V         $349.99 ``FOR EXPORT USE ONLY'' 
      General    A.P. Hill     $179.99 ``6 Bands of 40 Channels'' 
      General    Lee           $199.99 ``6 Bands'' 
      Magnum     257           $219.99 
      Magnum     DeltaForce    $239.99 ``TURBO Echo'' 
      Magnum     Maverick      $229.99 ``TURBO Digital Echo'' 
      Magnum     OmegaForce    $289.99 ``TURBO Digital Echo'' 
      Magnum     S-3           $219.99 ``6 Bands'' 
      Magnum     S-9           $359.99 ``TURBOÔ Digital Echo with 
Dual Controls''
      President  Lincoln       $329.99 
      Ranger     RCI 2950DX    $289.99 ``FOR EXPORT USE ONLY'' 
      Ranger     RCI 2970DX    $399.99 ``FOR EXPORT USE ONLY'' 
      Ranger     RCI-2995 DX   $539.99 
      Ranger     RCI-6300 F25  $279.99 ``12 Bands of 40CH. (540 CH 
Export)'' 
      Ranger     RCI-6300F Turbo       $399.99    ``12 Bands of 
40CH. (540 CH Export Version)''
      Ranger     RCI-6900F25   $299.99 ``12 Bands of 40CH. (540 CH 
Export Version)'' 
      Ranger     RCI-6900F 150         $429.99    ``12 Bands of 
40CH. (540 CH Export Version)'' 
      SuperStar  121           $139.99 ``Full Channel 27 MHz'' 
      SuperStar  3900 American Spirit  $189.99    
      Superstar  3900 Plus     $189.99 

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 ....''.  Carl C. Curatola 
       d.b.a. 1 Stop Electronics offered these devices for sale in 
       violation of both sections. 

     4.   Carl C. Curatola d.b.a. 1 Stop Electronics 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, Carl C. Curatola d.b.a. 1 Stop 
       Electronics 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 External RF Power Amplifiers requiring 
       certification include, but are not limited to, the X Force 
       and Texas Star brands.   
     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.   Carl C. Curatola d.b.a. 1 Stop Electronics 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.  He  must 
schedule this interview to take place within 14 days of the date of 
this citation.   Carl C.  Curatola  d.b.a. 1  Stop Electronics  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-263 and citation number 
C20053250005 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. Carl C. Curatola 
   d.b.a. 1 Stop Electronics 
   27 W054 Roosevelt Rd.
   Winfield, IL  60190-1603

   Federal Communications Commission 
   Park Ridge Office Center, Suite 306 
   1550 Northwest Highway 
   Park Ridge, IL  60068-1460 


_________________________

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