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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-PO-169
Michael T. Kersnowski )
d/b/a RadioActive Radio ) Citation No.: C20073292003
)
Salem, Oregon 97302 )
)
CITATION
Released: February 23, 2007
By the Resident Agent, Portland Resident Agent 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 Michael T.
Kersnowski d/b/a RadioActive Radio for violation of Section 302(b) of
the Act, and Sections 2.803(a)(1), 2.815(b) and 2.815(c) of the
Commission's Rules ("Rules").
2. Investigation by the Commission's Portland Resident Agent Office of
the Enforcement Bureau revealed that on November 28, 2006, RadioActive
Radio, through the use of internet website www.RadioActiveRadios.com,
offered for sale forty-four non-certified Citizens Band ("CB")
transceivers as follows:
Brand Model
Connex 3300 HP
Connex 4600 Turbo
Connex 4300 HP 300
Connex 4300 HP
Connex General Washington
Connex General Lee
Connex 4800HPE
Connex Deer Hunter
Galaxy 2517
Galaxy 2547
Galaxy 99V
Galaxy 88HL
Galaxy 77
Galaxy 66V
Galaxy 55
Galaxy 33HML
Galaxy 45MP
Galaxy 48T
Galaxy 93T
Galaxy 95T
General General Jackson
Magnum S6
Magnum S9
Magnum S3RF
Magnum Delta Force
Magnum Omega Force
Magnum Mini
Mirage 6600
Mirage 88H/L
Mirage 9900
RCI 2980WX
RCI 2985DX
RCI 2995DX
RCI 2985DX
RCI 2950
RCI 2970
RCI 6300F25
RCI 6300F150
RCI Voyage VR-9000
Super Star 36
Super Star 3900
Super Star 3900GHPM
Super Star 3900GHPA
Stryker 440
According to Commission records these devices have not received an FCC
equipment authorization, which is required for CB transmitters marketed in
the United States.
3. RadioActive Radio, through the use of internet website
www.RadioActiveRadios.com, also offered for sale ten non-certified
External Radio Frequency Power Amplifiers as follows:
Brand Model
Palomar 225
Palomar 250
Palomar Delux Modulator
Palomar 450
Palomar 600
Palomar 900V
Davemade M80
Davemade M200
Davemade M400
Davemade Straight 8
4. 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..." RadioActive Radio's
offering for sale of the transceivers listed in paragraph 2 violates
both sections.
5. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Rules.
6. Section 2.815(c) of the Rules prohibits the manufacture, sale, or
offering for sale of any External Radio Frequency Power Amplifier (or
amplifier kits) capable of operation on any frequency below 144 MHz
unless the amplifier has received a grant of type acceptance.
Furthermore, Section 2.815(b) of the Rules prohibits the sale or
marketing of External Radio Frequency Power Amplifiers (or amplifier
kits) capable of operating on any frequency between 24 and 35 MHz.
RadioActive Radio's offering for sale of the non-certified External
Radio Frequency Power Amplifiers listed in paragraph 3 violates both
sections of the Rules and Section 302(b) of the Act.
7. Violations of the Act or the Rules may subject the violator to
substantial monetary forfeitures, seizure of equipment through in rem
forfeiture action, and criminal sanctions, including imprisonment.
8. Michael T. Kersnowski d/b/a RadioActive Radio may request an interview
at the closest FCC Office, which is Federal Communications Commission,
11410 N.E. 122^nd Way, Suite 312, Kirkland, Washington 98034. You may
contact this office by telephone, XXX XXX-XXXX, to schedule this
interview, which must take place within 14 days of this Citation.
Michael T. Kersnowski d/b/a RadioActive Radio 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-PO-169 when corresponding with the Commission.
9. 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.
10. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Michael T. Kersnowski at his address of record and the address of
record for RadioActive Radio.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent
Portland Resident Agent 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 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
4
Federal Communications Commission