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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-148
John M. Friese d/b/a Audio Video Clinic )
) Citation No.: C20073290002
Santa Barbara, CA, 93105 )
CITATION
Released: November 28, 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 John M. Friese
("Friese") for violation of Section 302(b) of the Act and Section
2.803(a)(1) of the Rules.
2. An investigation by the Enforcement Bureau's Los Angeles Office
revealed that on August 29, 2006, Friese marketed various FM broadcast
transmitters (88-108 MHz) assembled from Ramsey Electronics kits,
models FM100B, FM25B and FM30B. According to the Commission's records,
these devices have not received an FCC equipment authorization, which
is required for FM 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 . . . ." Friese's
marketing of the devices described above violates both of these
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. Friese may request an interview at the closest FCC Office, which is
Federal Communications Commission, 18000 Studebaker Road, Suite 660,
Cerritos, CA 90703. Friese may contact this office by telephone, XXX
XXX-XXXX, to schedule this interview, which must take place within 14
days of this Citation. Friese 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-148 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 John
M. Friese at his 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 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