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 )

   ) File No.: EB-07-TP-074

   High Point Electronics )

   ) Citation No.: C20073270009

   Hudson, Florida 34785 )


                                                     Released: August 6, 2007

   By the District Director, Tampa Office, South Central 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 High Point
       Electronics ("High Point Electronics"), 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 Commission's Tampa Office of the Enforcement
       Bureau ("Tampa Office") revealed that on February 15, 2007, High Point
       Electronics offered for sale non-certified Citizens Band ("CB")
       transceivers. A partial listing follows:

   Brand Name Model Price

   Galaxy DX-55V $269.99

   Connex 3300-HP $299.99

   Connex 4300-HP $399.99

   These transceivers did not have FCC ID labels indicating they had been
   certified. 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. 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..." High Point
       Electronics's offering for sale of the transceivers listed in
       paragraph two violates both of these sections.

    4. Although High Point Electronics marketed the devices listed in
       paragraph two as 10 meter amateur radios, the devices in question have
       been evaluated by the Commission and have been found to fall within
       the definition of a CB transmitter because they can be easily
       configured to operate on CB frequencies or are similar to those
       evaluated by the Commission. Additionally, dual use CB and amateur
       radios of the kind at issue here may not be certificated under the

    5. 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.

    6. High Point Electronics may request an interview at the closest
       Commission Office, which is Federal Communications Commission,  2203 N
       Lois Avenue, Suite 1215, Tampa Florida 33607. You may contact this
       office by telephone, (XXX) XXXX-XXXXo schedule this interview, which
       must take place within 14 days of this Citation. High Point
       Electronics 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-07-TP-074 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  High
       Point Electronics  at  its  address of record.


   Ralph M. Barlow

   District Director, Tampa Office

   South Central Region

   Enforcement Bureau

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

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

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

   See Letter from Christopher Wright, General Counsel, FCC to John Atwood,
   Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797
   (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S: 95.603(b)
   ("transmitter that operates or is intended to operate at a station
   authorized for the CB service").

   47 C.F.R. S: 95.655(a); see also FCC 88-256, 1988 WL 488084 (August 17,
   1988). 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.

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

   47 U.S.C. S:S: 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