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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-07-SF-245

   Red Monkey Electronics )

   ) Citation No.: C20073296030

   Fresno, California 93722 )


                                                 Released: September 25, 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 Red Monkey
       Electronics for violation of Section 302(b) of the Act and Section
       2.803(a)(1) of the Commission's Rules.

    2. Investigation by the Enforcement Bureau's San Francisco Office
       revealed that on August 30, 2007, Red Monkey Electronics offered for
       sale non-certified Citizens Band ("CB") transceivers, namely, Galaxy
       Model DX44V and Ranger Model RCI-2970. According to the Commission's
       records, these devices have not received a 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 " 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..." Red Monkey Electronics' 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, seizure of equipment
       through in rem forfeiture action, and criminal sanctions, including

    6. Red Monkey Electronics 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) XXXX-XXXX to schedule this interview, which must
       take place within 14 days of this Citation. Red Monkey 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 violation outlined above.
       Please reference file number EB-07-SF-245 when corresponding with the

    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 Red
       Monkey Electronics at its address of record.


   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. S: 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. 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