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                                   Before the


                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-07-NY-127

   Richard Musa DBA Blade Runner Knife Company )

   ) Citation No: C20073238009

   Montgomery, New York 12549 )


                                                                 May 15, 2007

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Mr. Richard
       Musa DBA Blade Runner Knife Company for violation of Section 302(b) of
       the Act, and Section 2.803(a)(1) of the Commission's Rules ("Rules").

    2. An investigation by the FCC's New York Office revealed that on May 5,
       2007, Mr. Richard Musa DBA Blade Runner Knife Company offered for sale
       at his retail store located at 202 Montgomery Road, Montgomery, New
       York, three (3) models of non-certified Citizens Band (CB)
       transceivers, namely:


   COBRA 29LTD $165.00 "30 Watts, 40 Channels"

   CONNEX 3300 HP $300.00 "50 Watts, 240 Channels"

   GENERAL LEE $300.00 "50 Watts. 240 Channels"

   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 ...." CB transmitters
       must be pursuant to Section 95.603(c) of the Rules. Mr. Richard Musa
       DBA Blade Runner Knife Company's offer for sale of these devices
       violates both sections.

    4. Mr. Richard Musa DBA Blade Runner Knife Company marketed these devices
       as amateur and/or Citizen Band transceivers. The Commission has
       evaluated radiofrequency devices similar to those listed in paragraphs
       2 and concluded that the devices at issue are not only amateur radios
       but can easily be altered for use as CB devices as well. A CB
       transmitter is a transmitter that operates or is intended to operate
       at a station authorized for the CB service, and it must be
       certificated by the FCC prior to marketing or importation. The
       Commission has further concluded that these devices fall within the
       definition of a CB transmitter and therefore cannot legally be
       imported or marketed in the United States. See Response from the
       Commission's General Counsel to U.S. Customs Service dated May 17,
       1999, 14 FCC Rcd 7797 (1999).

    5. Additionally, dual use CB and amateur radios of the kind at issue here
       may not be certificated under the Commission's rules. Section
       95.655(a) of the Rules states: ". . .[CB] Transmitters with frequency
       capability for the Amateur Radio Services . . . will not be
       certificated... ." This clarification was added to explicitly
       foreclose the possibility of certification of dual use CB and amateur
       radios, see id., and thereby deter use by CB operators of frequencies
       allocated for amateur radio use.

    6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its
       Rules to prohibit all marketing and/or offering for sale in the United
       States of such devices even when the purchaser(s) had provided
       assurances that the transceivers are being bought solely for export.

    7. Violations of the Act and/or of the Commission's Rules may subject the
       violator to substantial monetary forfeitures, seizure of equipment
       through in  rem forfeiture action, and criminal sanctions including

    8. Mr. Richard Musa DBA Blade Runner Knife Company may request an
       interview at the closest FCC Office, which is Federal Communications
       Commission, New York Office, 201 Varick Street, Suite 1151, New York,
       New York 10014.  You may contact this office by telephone, (212)
       337-1865, to schedule this interview, which must take place within
       fourteen (14) days of the date of this Citation. Alternatively, you
       may submit a written statement to the above address within fourteen
       (14) days of the date of this Citation. Any written statement should
       specify what actions have been taken to correct the violations
       outlined above. Please reference case number EB-07-NY-127 when
       corresponding with the Commission.

    9. Any statement or information provided by you may be used by the
       Commission to determine if any further enforcement action is required.
       Any knowingly or willfully false statement made in reply to this
       Citation is punishable fine or imprisonment.

   10. IT IS ORDERED that copies of this Citation shall be sent First Class
       U.S. Mail and, Certified Mail, Return Receipt Requested, to Mr.
       Richard Musa DBA Blade Runner Knife Company at his address of record.


   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S 503(b)(5).

   47 U.S.C. S 302(b).

   47 C.F.R. S 2.803(a)(1).

   47 C.F.R. S 95.603(c).

   See 47 C.F.R. SS 95.603(c), 2.803.

   47 C.F.R. S 95.655(a); see also FCC 88-256, 1988 WL488084 (August 17,

   47 C.F.R. S 2.1204(a)(5) revised effective February 28, 2000.

   47 C.F.R. S 1.80(b)(3).

   See 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.