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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Eugene Dezanett ) File No. EB-05-NY-
d.b.a. Pro Class Electronics )
Perrysburg, OH ) Citation No.
Released: March 8,
By the District Director, New York Office, Northeast Region,
1. This is an Official Citation issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended
(``Act''),1 to Eugene Dezanett d.b.a. Pro Class Electronics
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 February 2, 2005, Eugene Dezanett d.b.a. Pro Class
Electronics, through the Internet site www.proclassradio.com
offered for sale, the following sixty (60) non-certified
Citizens Band (``CB'') transceivers:
NAME MODEL PRICE
$224.99 ``Similar to Galaxy DX33HML''
Connex 3300 HP
Connex 4400 HP
$274.99 ``8 Band modifiable''
Connex 4800 DXL $349.99
``12 bands of illicit channels''
Connex 4800 DXL w/ echo $349.99
``With Ranger Digital Echo Board''
Galaxy DX 33 HML $719.95
Galaxy DX 44V $229.95
Galaxy DX 45 MP $279.95
Galaxy DX 48T $389.95
Galaxy DX55V $221.95
Galaxy DX66V $298.95
Galaxy DX73V $319.99
Galaxy DX 77HML $281.99 NAME MODEL PRICE
Galaxy DX 88HL $369.95
Galaxy DX 93T
Galaxy DX 95T
$538.99 ``Like a RCI2950 except as Base
Galaxy Melaka (Base) $269.99
(Galaxy) Pluto $294.99
Galaxy Saturn (Base) $469.99
Galaxy Saturn Turbo (Base) $619.99
$429.99 ``24-30MHz, 12 bands, 480 channels''
General Grant w/ Echo $479.95
``Echo installed in place of NB/ANL switch''
General Stonewall Jackson $599.95
$219.95 ``25.6 - 28.3 MHz, 6 bands, 240
General Washington $219.95
``25.6 - 28.3 MHz, 6 bands, 240 channels''
Magnum 257 $239.95
Magnum 357 DX $439.95
Magnum Alpha Force $209.95
``Shipping ... to your door. (Continental USA)''
Magnum Delta Force $309.95
Conversion instructions included.
Magnum Mini $89.95
``channel coverage better than Connex 3300''
Magnum S-3 ``programmable
to 6 bands out of a possible 12''
Mirage 33 HP $234.99
Mirage 44 $234.99
Mirage 6600 $275.99
Mirage 88 $334.99
Mirage 99 $344.99
Mirage 2950 $289.99
Mirage 2970 $414.90
Mirage 9900 $339.95
``8 band'', ``Robot Voice''
Ranger RCI 2970
$319.95 ``Used Radios''
Ranger RCI-6300 Turbo $299.00
Ranger RCI-6900 Turbo $325.00
RCI RG-99 $279.99
SuperStar 121 ``Full channel
SuperStar 3700 ``AM/FM'',
``120 AM, 120 FM''
SuperStar 3900 $224.99
``360 channels'', ``channel 9 switch''
SuperStar 3900 HP G ``360
channels'', ``channel 9 switch''
Super Star 3900 Gold $244.99
Super Star 4800 $219.99
(Super Star) Grant $224.99
Virage 3300 HP
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.
Additionally, a Cherokee model CM-10 is offered for sale on the
Internet site for $149.95 with the statement ``Epoxy has already
been carefully removed.'' The removal of the epoxy from the
frequency determining circuitry of this unit voided the coverage
of this transceiver under FCC Certification MGPCM-10 and the
modified device may not be marketed.
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....'' CB transmitters
must be certified pursuant to Section 95.603(c) of the
Rules.4 Eugene Dezanett d.b.a. Pro Class Electronics
offered for sale these devices in violation of both
4. Eugene Dezanett d.b.a. Pro Class 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 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.5
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 Rules6 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 Rules7 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
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,8
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.9
8. Eugene Dezanett d.b.a. Pro Class Electronics may
request a personal interview at the Commission's Field
Office nearest his place of business, namely:
Federal Communications Commission
24897 Hathaway Street
Farmington Hills, Michigan 48335-1552
which can be contacted by telephone at XXX XXX-XXXX. He must
schedule this interview to take place within fourteen (14) days
of the date of this citation. Alternatively, Eugene D. Dezanett
d.b.a. Pro Class Electronics may submit a written statement
within fourteen (14) days of the date of this citation to the
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
which can be contacted by telephone at XXX XXX-XXXX. Any written
statement should specify what actions have been taken to correct
the violations outlined above. Please reference case number
EB-05-NY-045 and citation number C20053238001 when corresponding
with the Commission.
9. This Citation shall be sent First Class U.S. Mail and,
Certified Mail, Return Receipt Requested, to Eugene Dezanett
d.b.a. Pro Class Electronics at its address of record.
10. The Privacy Act of 197410 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.11 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
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 47 C.F.R. § 95.603(c).
5 See 47 C.F.R, §§ 95.603(c), 2.803
6 47 C.F.R. § 95.655(a); see also FCC 88-256, 1988 WL488084
(August 17, 1988).
7 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000.
8 See 47 C.F.R. § 1.80(b)(3)
9 See 47 U.S.C. §§ 401, 501, 503, 510
10 P.L. 93-579, 5 U.S.C. § 552a(e)(3)
11 18 U.S.C. § 1001 et seq.