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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-06-DV-389
DL Management, Inc. )
) Citation No.: C20073280001
Coral Springs, FL 33071 )
)
CITATION
Released: October 19, 2006
By the District Director, Denver 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 DL Management,
Inc., for violation of 302(b) of the Act and Section 2.803(a) of the
Commission's Rules.
2. Investigation by the Enforcement Bureau's Denver Office revealed
that on October 1, 2006, DL Management offered for sale multiple "DMX
DM-306 Wireless Microphones," eBay Item number 280005050103, seller
"hwy836," on the eBay auction site. According to Commission records,
these devices have not received an FCC equipment authorization which
is required for transmitters marketed in the United States.
Additionally, the DM-306 Wireless Microphone was found to operate in
the 109-120 MHz aircraft band and may cause serious interference to
air traffic operations.
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..." DL Management'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, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. DL Management may request an interview at the closest FCC Office,
which is Federal Communications Commission, Tampa District Office,
2203 North Lois Avenue, Room 1215, Tampa, Florida, 33607. You may
contact this office by telephone, XXX XXX-XXXX, to schedule this
interview, which must take place within 14 days of this Citation. DL
Management may also submit a written statement within 14 days of the
date of this Citation to the Federal Communications Commission,
Denver District Office, 215 S. Wadsworth Blvd., Suite 303, Lakewood,
Colorado, 80226. Any written statements should specify what actions
have been taken to correct the violation outlined above. Please
reference file number EB-06-DV-389 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. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
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 DL
Management, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director, Denver 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 S 2.803(a).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. S 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