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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-06-LA-243

   PepBoys Auto    )

   ) Citation No.: C20073290007

   Artesia, California    )


                                                   Released: January 23, 2007

   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  PepBoys Auto  for
   violation of Section 302(b) of the Act,   and Section 2.803(a)(1) of the
   Commission's Rules ("Rules")  for marketing unauthorized radio frequency
   devices in the United States.

   2. Investigation by the Enforcement Bureau's Los Angeles Office revealed
   that on  December 12 2006,  PepBoys Auto marketed unauthorized radio
   frequency  devices, specifically Music Gear Audio Transmitter, Model
   MP1058, which have  not been certificated for sale or use in the  United

   3. Section 302(b) of the Act provides that "[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
   Commission's implementing regulations 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
   ... [i]n 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.  . . ."  Pepboys Auto's
   marketing of these devices violates both 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. Pursuant to Sections 4(i), 4(j), and 403 of the Act,  PepBoys Auto is
   directed to provide the information specified herein, within 14 days from
   the date of this Citation.

     a. Provide name and address of the source, distributor and/or importer
        from whom you acquired the Audio Transmitter referenced above.

   6. PepBoys Auto 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. You may contact this office
   by telephone, XXX XXX-XXXX, to schedule this interview, which must take
   place within 14 days of this Citation. PepBoys Auto  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-243 when corresponding with the Commission.

   7. Any statement or information provided by you may be used by the

   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 PepBoys Auto at  its
   address of record.


   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. S 2.803(a)(1).

   47 U.S.C. S 302a(b).

   47 C.F.R. S 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. SS 154(i), 154(j), 403.

   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


                       Federal Communications Commission