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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cal Centron Wholesale Co. ) File No.: EB-08-AN-0109
Stockton, California )
) Citation No.: C200932780001
CITATION
Released: December 23, 2008
By the Resident Agent, Anchorage Resident Agent 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 Cal-Centron
Wholesale Co of Stockton, California, (Cal-Centron) for violation of
Section 302(b) of the Communications Act, and Section 2.803(a)(1) of
the Commission's Rules ("Rules") for marketing unauthorized radio
frequency devices in the United States.
2. On November 7, 2008 an investigation by the Enforcement Bureau's
Anchorage Resident Agent Office revealed that Cal-Centron was
marketing unauthorized devices, specifically transmitter models
PK-710A, PK-811T, PK-812T, all of which operate in the 2400 MHz band,
and associated receivers. None of these devices have 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. . . ." Cal-Centron'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. Cal-Centron may request an interview at the closest FCC Office, which
is Federal Communications Commission, 11410 NE 122nd Way, Room 312,
Kirkland, WA 98034-6927. You may contact this office by telephone,
(XXX) XXXX-XXXX to schedule this interview, which must take place
within 14 days of this Citation. Cal-Centron may also submit a written
statement to Federal Communications Commission, Anchorage Resident
Agent Office, PO Box 221849, Anchorage, AK 99522-1849 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-08-AN-0109 when corresponding with the
Commission.
6. 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.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S.Mail and Certified Mail, Return Receipt Requested, to
Cal-Centron Wholesale Co., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
47 U.S.C. S:S: 302a(b), 503(b)(5).
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: 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
2
Federal Communications Commission