Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   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          )                                


                                                  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 " 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.


   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


                       Federal Communications Commission