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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-08-LA-033

   Fry's Electronics )

   ) Citation No.: C200832900006

   Fountain Valley, CA )


                                                  Released: February 29, 2008

   By the Acting Interim District Director, Los Angeles 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 Fry's
       Electronics, for violation of Section 302(b) of the Act, and Section
       2.803(a)(1) of the Commission's Rules ("Rules")  for marketing
       unauthorized radio frequency devices in the United States.

    2. Investigation by the Enforcement Bureau's Los Angeles Office revealed
       that on February 21, 2008, Fry's Electronics, at their retail store in
       Fountain Valley, California, marketed unauthorized radio devices,
       specifically, the Zennox, 5 in 1 Wireless Headphones,(XXX) XXXX-XXXX6,
       which has not been certificated for sale or use in the United States.

    3. Section 302(b) of the Act provides that "[n]o 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 Commission's implementing regulations 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 ... [i]n 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..." Fry's Electronics' marketing of these devices violates
       both of these sections.

    4. 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

    5. Pursuant to Sections 4(i), 4(j), and 403 of the Act,  Fry's
       Electronics,  is directed to provide the documents and information
       specified herein, within 14 days from the date of this Citation.

     a. The name and address of the manufacturer, distributor or importer
        from which Fry's Electronics acquired the Zennox, 5 in 1 Wireless

    6. Fry's Electronics may request an interview at the closest FCC Office,
       which is Federal Communications Commission, 18000 Studebaker Rd.,
       Suite 660, Cerritos, CA 90703 address. You may contact this office by
       telephone, (562) 865-0598, to schedule this interview, which must take
       place within 14 days of this Citation. Fry's 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-08-LA-033 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 Fry's
       Electronics,  at its  address of record.


   Leo Cirbo

   Acting Interim District Director

   Los Angeles District Office

   Western 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).

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

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

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

   47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S:S: 154(i), 154(j), 403.

   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