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                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                        )
                              )    File No.: EB-05-LA-238
Jason Kaltenbach                   )
d/b/a Metamerchant                 )
                              )    Citation No.: 
C20063290002
Laguna Niguel, CA                  )


                          CITATION

                                  Released: January 20, 2006


By the District Director, Los Angeles District Office, 
Western Region, Enforcement Bureau:

   1.     This is an Official Citation issued pursuant to 
     Section 503(b)(5) of the Communications Act of 1934, as 
     amended (``Act''),1 to Jason Kaltenbach, d/b/a 
     Metamerchant, for violation of 302(b)2 of the Act and 
     Section 2.803(a) of the Commissions Rules.3

   2.     Investigation by the Enforcement Bureau's Los 
     Angeles Office revealed that on September 1, 2005, 
     Jason Kaltenbach d/b/a Metamerchant, offered for sale 
     ``Field Programmable VHF Portable Radio-MURS- Full 
     Range 136-174 MHz'' and ``Key Pad Programmable UHF 
     Portable Radio w/GMRS Band 400-470 MHz.''  According to 
     Commission records, these devices have not received an 
     FCC equipment authorization which is required for 
     General Mobile Radio Service (``GMRS'') and Multi Use 
     Radio Service (``MURS'') transmitters marketed in the 
     United States.    

   3.     Section 302(b) of the Act states ``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) 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...''  Jason Kaltenbach, d/b/a Metamerchant's 
     offer for sale of these devices violates both sections.

   4.     Violations of the Act or the Commission's Rules 
     may subject the violator to substantial monetary 
     forfeitures,4 seizure of equipment through in rem 
     forfeiture action, and criminal sanctions, including 
     imprisonment.5
   5.     Jason Kaltenbach, d/b/a/ Metamerchant, may request 
     an interview at the closest FCC Office, which is 
     Federal Communications Commission, Los Angeles District 
     Office, 18000 Studebaker Rd, Suite 660, Cerritos, CA 
     90703.6  You may contact this office by telephone, 
     (562) 865-0598, to schedule this interview, which must 
     take place within 14 days of this Citation.   Jason 
     Kaltenbach, d/b/a Metamerchant, may also submit a 
     written statement to the above address within 14 days 
     of the date of this Citation.  Any written statements 
     should specify what actions have been taken to correct 
     the violation outlined above.  Please reference file 
     number EB-05-LA-238 when corresponding with the 
     Commission.

   6.     Any statement or information provided by you may 
     be used by the Commission to determine if further 
     enforcement action is required.7  Any knowingly or 
     willfully false statement made in reply to this 
     Citation is punishable by fine or imprisonment.8

   7.     IT IS ORDERED that copies of this Citation shall 
     be sent by First Class U.S. Mail and Certified Mail, 
     Return Receipt Requested to Jason Katlenbach, d/b/a 
     Metamerchant, at his address of record.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Catherine Deaton
                         District Director, Los Angeles 
                         District Office
                         Western Region
                         Enforcement Bureau



_________________________

1 47 U.S.C. § 503(b)(5).
2 47 U.S.C. § 302a(b).
3 47 C.F.R § 2.803(a)
4 47 C.F.R. § 1.80(b)(3).
5 47 U.S.C. §§ 401, 501, 503, 510.
6 47 U.S.C. § 503(b)(5).
7 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
8 See 18 U.S.C. § 1001 et seq.