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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-LA-0111
Max Sales Group )
) Citation No.: C200832900015
Sante Fe Springs, CA )
CITATION
Released: April 21, 2008
By the 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 Max Sales
Group, 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 20, 2008, Max Sales Group, at their distribution
business in Sante Fe Springs, California, marketed unauthorized radio
devices, specifically, the Zennox, 5 in 1 Wireless Headphones, UPC
53163-47026, 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..." Max Sales Group's 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
imprisonment.
5. Pursuant to Sections 4(i), 4(j), and 403 of the Act, Max Sales Group,
is directed to provide to Federal Communications Commission, Western
Region, Los Angeles District Office, 18000 Studebaker Rd., Suite 660,
Cerritos, CA 90703, the documents and information specified below,
within 14 days from the date of this Citation.
a. The name and address of the manufacturer, distributor or importer
from which Max Sales Group acquired the Zennox, 5 in 1 Wireless
Headphones.
6. Max Sales Group may request an interview at the closest FCC Office,
which is Federal Communications Commission, 18000 Studebaker Rd.,
Suite 660, Cerritos, CA 90703. You may contact this office by
telephone, xxxxxxxxxxxxxx, to schedule this interview, which must take
place within 14 days of this Citation. Max Sales Group 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-0111 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 Max
Sales Group, at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Leo E. 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
2
Federal Communications Commission