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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-06-LA-139
Camacho Electronic )
Citation No.: C20063290006
Commerce, California, 90040 )
)
CITATION
Released: June 6, 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"), to Camacho Electronic,
for violation of Section 302(b) of the Act, and Section 2.803(a)(1)of the
Commission's Rules.
2. An investigation by the Enforcement Bureau's Los Angeles Office
revealed that on May 4, 2006, Camacho Electronic offered for sale
non-certified Citizens Band ("CB") transceivers, namely, Galaxy Model DX99
and other non-certified Galaxy models. According to 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 Act states: "[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 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 . . . ." Camacho Electronic's offer for sale of
these devices violates both sections.
4. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Commission's rules.
5. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment through
in rem forfeiture action, and criminal sanctions including imprisonment.
6. Camacho Electronic may request an interview at the closest FCC Office,
which is Federal Communications Commission, 18000 Studebaker Road, Suite
660, Cerritos, CA 90703. You may contact this office by telephone,
562-865-0598, to schedule this interview, which must take place within 14
days of this Citation. Camacho Electronic 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 violations outlined above. Please reference file
number EB-06-LA-139 when corresponding with the Commission.
7. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation is
punishable by fine or imprisonment.
8. IT IS ORDERED that copies of this Citation shall be sent by First Class
U.S. Mail and Certified Mail, Return Receipt Requested to Camacho
Electronic at its address of record
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302a(b).
47 C.F.R. SS 2.803(a)(1).
47 C.F.R. S 95.655(a); 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.
47 C.F.R.S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission