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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 )



                                                  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,
       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, 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 " 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.


   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


                       Federal Communications Commission