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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-SF-319
R. P. Communications )
) Citation No.: C20073296003
Los Banos, California )
CITATION
Released: March 29, 2007
By the District Director, San Francisco 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 R. P.
Communications for violation of Section 302(b) of the Act and Section
2.803(a)(1) of the Commission's Rules.
2. An investigation by the Enforcement Bureau's San Francisco Office
revealed that on January 24, 2007, R.P. Communications offered for
sale non-certified Citizens Band ("CB") transceivers, namely, Cobra
models 150 GTL DX and Cobra 200 GTL DX , Ranger RCI2950DX, Superstar
36, and the General models General Hill, General Longstreet and the
General Sherman. When asked about Galaxy Models DX95T and DX99V, the
clerk said that they were sold out, but that he could order either
radio. 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 states "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..." R. P. Communications' 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. Violations of the Act or 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.
6. R. P. Communications may request an interview at the closest FCC
Office, which is Federal Communications Commission, 5653 Stoneridge
Dr., Ste 105, Pleasanton, CA 94588-8543. You may contact this office
by telephone, (XXX) XXX-XXXX, to schedule this interview, which must
take place within 14 days of this Citation. R. P. Communications 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 violation outlined above.
Please reference file number EB-06-SF-319 when corresponding with the
Commission.
7. 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.
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 R. P.
Communications at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director, San Francisco District Office
Western Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302(b)
47 C.F.R. 2.803(a)(1).
Section 95.655(a) of the Rules, 47 C.F.R. S 95.655(a), 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 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
2
Federal Communications Commission