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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
David Pace Jr. ) File No.: EB-06-LA-252
d/b/a 4:13 Electronics ) Citation No.: C20073290012
Nacogdoches, TX )
)
CITATION
Released: February 14, 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) of the
Communications Act of 1934, as amended ("Act"), to David Pace Jr., d/b/a
4:13 Electronics for violation of Section 302(b) of the Act, and Sections
2.803(a)(1), 2.815(b), 2.815(c) of the Commission's Rules.
2. An investigation by the Enforcement Bureau's Los Angeles District
Office revealed that on December 7, 2006, David Pace Jr., d/b/a 4:13
Electronic, offered for sale non-certified Citizens Band ("CB")
transceivers, namely, Galaxy Model DX 99V and external power amplifiers,
namely, Texas Star 250 HDV, 400V and 667V, and others. According to the
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 provides: "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)(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..." David Pace Jr., d/b/a 4:13 Electronics' offer
for sale of these devices violates both sections.
4. Dual use CB and amateur radios of the kind at issue here may not be
certificated under the Commission's rules.
5. In addition to the marketing of the non-certified transceivers
addressed above, David Pace Jr., d/b/a 4:13 Electronics is warned that
Section 302(b) and Section 2.815(c) of the Commission's Rules requires
type acceptance or certification of external radio frequency power
amplifiers (or amplifier kits) capable of operation on any frequency below
144 MHz. Furthermore, Section 2.815(b) of the Commission's Rules prohibits
the marketing of external radio frequency power amplifiers (or amplifier
kits) capable of operating on any frequency between 24 and 35 MHz.
6. Violations of the Communications Act or of the Commission's Rules may
subject the violator to substantial monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation,
seizure of equipment through in rem forfeiture action, and criminal
sanctions including imprisonment.
7. David Pace Jr., d/b/a 4:13 Electronics may request a personal interview
at the closest FCC location to its place of business, which is Federal
Communications Commission, Dallas District Office, 9330 LBJ Freeway, Room
1170, Dallas, TX 75243-3429. David Pace Jr., d/b/a 4:13 Electronics may
contact this office by telephone at XXX XXX-XXXX. David Pace Jr., d/b/a
4:13 Electronics may also submit a written statement to the address
indicated above, 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. When corresponding with the Commission, case
number EB-06-LA-252 should be referenced.
8. 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.
9. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to David Pace
Jr., d/b/a 4:13 Electronics., 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), 2.815(b), 2.815(c).
Section 95.655(a) of the rules states: "[CB] Transmitters with frequency
capability for the Amateur Radio Services....will not be certificated."
See also Amendment of the Part 95, Subpart E, Technical Regulations in the
Personal Radio Services Rules, 3 FCC Rcd 5032 (1988).
47 C.F.R. S 2.815(c).
47 C.F.R. S 2.815(b).
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