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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )   File No. EB-04-SE-244
Ramsey Electronics, Inc.          )   NAL/Acct. No. 200632100004
Victor, New York                  )   FRN # 0012065009



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  January 23, 2006              Released:    January 
25, 2006

By  the Chief,  Spectrum  Enforcement Division,  Enforcement 
Bureau:

I.   INTRODUCTION

     1.    In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Ramsey Electronics, Inc. 
(``Ramsey''), apparently liable for a forfeiture in the 
amount of twenty-five thousand dollars ($25,000) for willful 
and repeated violation of Section 302(b) of the 
Communications Act of 1934, as amended (``Act''),1 and 
Sections 2.803(a) and (g) and 2.815(b) of the Commission's 
Rules (``Rules'').2  The noted apparent violations involve 
Ramsey's marketing of two models of unauthorized FM 
broadcast transmitters and two models of external radio 
frequency (``RF'') power amplifiers (``amplifiers'').

II.    BACKGROUND

     2.   The Enforcement Bureau (``Bureau'') obtained 
information indicating that Ramsey was apparently marketing 
unauthorized FM broadcast transmitters and RF amplifiers in 
the United States.  The Bureau subsequently began an 
investigation of Ramsey's marketing activities and obtained 
a copy of Ramsey's equipment catalog.  The catalog indicates 
that Ramsey is offering for sale fully assembled FM 
broadcast transmitters designated as ``FM35WT'' and 
``FM100BWT'' and fully assembled RF amplifiers designated as 
``PA100'' and ``LPA1WT.'' 3  The catalog indicates that 
these devices have the following output powers and frequency 
ranges:  FM35WT, one watt, 87.9 - 108.1 MHz; FM100BWT, 
variable  between 5 µW and one watt, 88 - 108 MHz; PA100, 
variable between two and 40 watts, 87.5 - 108.1 MHz; and 
LPA1WT, one watt, 300 kHZ - 1,000 MHz.  With respect to the 
FM35WT and FM100BWT, the catalog states that those devices 
``can only be shipped outside the USA, or within the US if 
accompanied by a signed statement that the unit will be 
exported.''  With respect to the FM35WT, FM100BWT and PA100, 
the catalog states that ``The end user is responsible for 
complying with all FCC rules and regulations within the US, 
or any regulations of their respective governing body'' 
[emphasis in original].  The FCC's equipment authorization 
database indicates that Ramsey has not received a grant of 
equipment certification4 for the FM35WT, FM100BWT or PA100.

     3.   On November 8, 2004, December 2, 2004, February 
18, 2005, April 22, 2005, and August 12, 2005, the Bureau 
conducted internet research on Ramsey's website, 
www.ramseyelectronics.com.  The research indicates that 
Ramsey offered the PA 100 for sale on its website on 
November 8, 2004; and offered the FM35WT on December 2, 
2004, February 18, 2005, April 22, 2005, and August 12, 
2005.  The information on Ramsey's website concerning those 
devices is consistent with the information in Ramsey's 
catalog.  Additionally, the Bureau's internet research 
indicates that various other retail websites have offered 
fully assembled Ramsey FM transmitters for sale including 
the ``R-FM100B-WT'' (which appears to be the same device as 
the FM100BWT).

     4.   On March 4, 2005, the Bureau sent Ramsey a letter 
of inquiry (LOI).5  In its response,6 Ramsey states that its 
primary business is the manufacturing and marketing of ``do 
it yourself'' hobby kits, including broadcast transmitter 
kits, but that it also manufactures and markets fully 
assembled broadcast equipment.  Ramsey acknowledges that it 
is currently manufacturing the FM35WT, FM100BWT and LPA1WT 
in the United States, and that it formerly manufactured the 
PA100 in the United States but discontinued manufacturing 
that device on December 27, 2004.7  Ramsey reports the 
following production and sales figures (including both 
foreign and domestic sales) as of February 6, 2005:  FM35WT, 
254 manufactured (beginning February 7, 2005) and 101 sold; 
FM100BWT, 1,457 manufactured (beginning April 26, 2004) and 
1,441 sold; LPA1WT, 358 manufactured (beginning March 3, 
1994) and 343 sold; PA100, 145 manufactured (beginning June 
21, 2002) and 131 sold.  Ramsey claims that the Commission's 
equipment certification requirement does not apply to the 
FM35WT and FM100BWT because it requires buyers in the United 
States to provide signed statements that those devices will 
be exported, and that it does not apply to the PA100 and 
LPA1WT because those devices are not intentional radiators.8

     5.   Ramsey provides, with its response to the LOI, 
copies of the materials used to market the FM35WT, FM100BWT, 
PA100 and LPA1WT.  The information contained in these 
materials concerning those devices is consistent with the 
information in Ramsey's catalog.  The marketing materials 
include a form entitled ``FM100B and FM35 Series FM 
Transmitter Certification.''  The form states that ``[t]his 
form is used to verify that your purchase of the FM100B and 
FM35 will be used in accordance with appropriate laws 
regulating intentional radiators. ... Your order cannot be 
shipped until you return this form by fax or mail.''  The 
form requires the purchaser to certify as follows:

   I hereby certify that the FM100B and FM35 series 
   transmitters will be operated in accordance with 
   applicable laws of the land for the intended destination 
   of operation.

   If resold, I additionally certify that we will enforce 
   this compliance to the purchaser.

   I do understand that the output level of the FM100BEX, 
   FM100BWT and FM35WT exceeds the authorized output levels 
   set by the FCC and cannot be operated within the 
   territory of the United States.

   I do understand that the output level of the FM100BEX, 
   FM100BWT and FM35WT may exceed the authorized output 
   levels as set forth by the local governing body within 
   your jurisdiction outside the US and its territories.

   As the end user or reseller I do take full responsibility 
   for compliance of these terms, and hereby release and 
   hold harmless, and waive any claims against Ramsey 
   Electronics regarding the operation or application of 
   this product(s).

III.        DISCUSSION

     6.   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 in 
pertinent part that: 

     Except as provided elsewhere in this section, 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 radiofrequency device9 unless ... [i]n the 
     case of a device that is 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 as required by 
     § 2.925 and other relevant sections in this 
     chapter.

In addition, Section 2.803(g) of the Commission's 
implementing regulations provides in pertinent part 
that:

     [R]adio frequency devices that could not be 
     authorized or legally operated under the current 
     rules ... shall not be operated, advertised, 
     displayed, offered for sale or lease, sold or 
     leased, or otherwise marketed absent a license 
     issued under part 5 of this chapter or a special 
     temporary authorization issued by the Commission.

Further, Section 2.815(b) of the Commission's 
implementing regulations provides that:

     After April 27, 1978, no person shall manufacture, 
     sell or lease, 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 
     external radio frequency power amplifier or 
     amplifier kit capable of operation on any 
     frequency or frequencies between 24 and 35 MHz.



FM Broadcast Transmitters

     7.   The record establishes that Ramsey manufactured 
the FM broadcast transmitters designated as FM35WT and 
FM100BWT; that it marketed the FM35WT in the United States 
at least until August 12, 2005, and marketed the FM100BWT in 
the United States at least until February 6, 2005; and that 
Ramsey has not received a grant of equipment certification 
for either transmitter.  Section 15.201(b) of the Rules10 
requires certification (with inapplicable exceptions) of 
intentional radiators.  As intentional radiators, the FM35WT 
and FM100BWT are, therefore, required to be certified11 
before being marketed in the United States.

     8.   We reject Ramsey's argument that it does not need 
equipment authorizations for the FM35WT and FM100BWT because 
it requires buyers in the United States to provide signed 
statements certifying that the devices ``will be operated in 
accordance with applicable law of the land for the intended 
destination of cooperation.''  Section 2.807(b) of the 
Rules12 exempts devices ``manufactured solely for export'' 
from the marketing prohibition of Section 2.803(a)(1) of the 
Rules.  This exemption, however, applies only to devices 
that the manufacturer actually exports.13  Ramsey admits 
that it does not actually export all of the FM35WT and 
FM100BWT devices it sells.  Rather, it attempts to shift the 
burden for compliance with the Commission's rules entirely 
to the buyer by requiring the buyer to sign a certification 
form which purports to absolve Ramsey of any responsibility 
regarding the operation and redistribution of the devices.  
This ``FM100B and FM35 Series FM Transmitter Certification'' 
does not explicitly state that the buyer must export the 
device, nor does it even mention exportation at all.14  We 
find, accordingly, that Ramsey apparently marketed two 
models of uncertified FM broadcast transmitters in the 
United States, in willful15 and repeated16 violation of 
Section 302(b) of the Act and Section 2.803(a) of the Rules.

External RF Power Amplifiers

     9.   The record also establishes that Ramsey 
manufactured the external RF power amplifiers designated as 
PA100 and LPA1WT and marketed them in the United States at 
least until February 6, 2005.  Ramsey argues that no 
equipment authorizations are required for those devices 
because they are not intentional radiators.  This argument 
misses the point.  Section 2.815(c) of the Rules17 
specifically requires certification of all external RF power 
amplifiers capable of operating below 144 MHz.18  Since the 
LPA1WT and the PA100 both are capable of operating below 144 
MHz, both devices are subject to the certification 
requirement.  The record indicates that Ramsey has not 
received a grant of equipment certification for the PA100.  
Furthermore, as explained in paragraph 10, below, the LAP1WT 
cannot be legally certified or operated under the rules.  We 
find, accordingly, that Ramsey apparently marketed two 
models of uncertified external RF power amplifiers in the 
United States, in willful and repeated violation of Section 
302(b) of the Act and Section 2.803(a) of the Rules.

     10.  The record establishes that the LPA1WT is capable 
of operating on frequencies between 300 kHz and 1000 MHz, 
including the frequency band between 24 and 35 MHz.  Section 
2.815(b) of the Rules prohibits manufacturing or marketing 
any external RF power amplifier capable of operation in the 
frequency band between 24 and 35 MHz. 19  In addition, 
Section 2.803(g) prohibits the marketing of radio frequency 
devices that could not be authorized or legally operated 
under the current rules.  We therefore find that Ramsey 
apparently manufactured and marketed in the United States 
one external RF power amplifier model capable of operation 
in the frequency band between 24 and 35 MHz, in willful and 
repeated violation of Section 302(b) of the Act and Sections 
2.803(g) and 2.815(b) of the Rules.

Proposed Forfeiture

     11.  Section 503(b) of the Act authorizes the 
Commission to assess a forfeiture for each willful or 
repeated violation of the Act or of any rule, regulation, or 
order issued by the Commission under the Act.20  In 
exercising such authority, we are required to take into 
account ``the nature, circumstances, extent, and gravity of 
the violation and, with respect to the violator, the degree 
of culpability, any history of prior offenses, ability to 
pay, and such other matters as justice may require.''21

     12.  Under The Commission's Forfeiture Policy Statement 
and Amendment of Section 1.80 of the Rules to Incorporate 
the Forfeiture Guidelines (``Forfeiture Policy 
Statement'')22 and Section 1.80 of the Rules,23 the base 
forfeiture amount for the marketing of unauthorized 
equipment is $7,000.  In this case, Ramsey marketed two 
models of unauthorized broadcast transmitters (FM35WT and 
FM100BWT) and two models of unauthorized external RF power 
amplifiers (PA100 and LPA1WT).  Ramsey's marketing of each 
of these four unauthorized models is a separate violation.  
We find that a forfeiture amount of $7,000 is apparently 
warranted for each of the four models for total of 
$28,000.24  Because the Commission has not taken prior 
enforcement action against Ramsey, we find that Ramsey has a 
history of overall compliance.  Under the Forfeiture Policy 
Statement and Section 1.80(b)(4) of the Rules,25 history of 
overall compliance is a downward adjustment factor for 
Section 503 forfeitures.   We find that a reduction of 
$3,000 from the $28,000 base forfeiture amount is warranted 
on the basis of Ramsey's history of overall compliance.  
Accordingly, we conclude that Ramsey is apparently liable 
for a $25,000 forfeiture.

     13.  Finally, Ramsey apparently is continuing to market 
unauthorized broadcast equipment.  Accordingly, we require, 
pursuant to Section 403 of the Act,26 that Ramsey submit a 
report within 30 days of the date of this NAL describing the 
steps it has taken to come into compliance with the Act and 
the Rules.  

IV.    ORDERING CLAUSES

     14.  Accordingly, IT IS ORDERED that, pursuant to 
pursuant to Section 503(b) of the Act27 and Sections 0.111, 
0.311 and 1.80 of the Rules,28 Ramsey Electronics, Inc., IS 
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE 
in the amount of twenty-five thousand dollars ($25,000) for 
willfully and repeatedly violating Section 302(b) of the Act 
and Sections 2.803(a) and 2.815(b) of the Rules.

     15.  IT IS FURTHER ORDERED that, pursuant to Section 
403 of the Act, Ramsey Electronics, Inc., SHALL SUBMIT the 
report described in paragraph 13 within thirty days of the 
release date of this Notice of Apparent Liability for 
Forfeiture to: Federal Communications Commission, 
Enforcement Bureau, Spectrum Enforcement Division, 445 12th 
Street, S.W., Washington, D.C. 20054.

     16.   IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this Notice of Apparent Liability for Forfeiture and Order, 
Ramsey Electronics, Inc., SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed 
forfeiture.

     17.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment 
by check or money order may be mailed to Federal 
Communications Commission, P.O. Box 358340, Pittsburgh, PA 
15251-8340.  Payment by overnight mail may be sent to Mellon 
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251.   Payment by wire transfer may be made to ABA 
Number 043000261, receiving bank Mellon Bank, and account 
number 911-6106.

     18.    The response, if any, must be mailed to the 
Office of the Secretary, Federal Communications Commission, 
445 12th Street, S.W., Washington, D.C. 20554, ATTN: 
Enforcement Bureau - Spectrum Enforcement Division, and must 
include the NAL/Acct. No. referenced in the caption.

     19.    The Commission will not consider reducing or 
canceling a forfeiture in response to a claim of inability 
to pay unless the petitioner submits:  (1) federal tax 
returns for the most recent three-year period; (2) financial 
statements prepared according to generally accepted 
accounting practices; or (3) some other reliable and 
objective documentation that accurately reflects the 
petitioner's current financial status.  Any claim of 
inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation 
submitted.

     20.    Requests for payment of the full amount of this 
NAL under an installment plan should be sent to: Chief, 
Revenue and Receivable Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.29

     21.   IT IS FURTHER ORDERED that a copy of this Notice 
of Apparent Liability for Forfeiture shall be sent by first 
class mail and certified mail return receipt requested to 
Ramsey Electronics, Inc., 590 Fishers Station Drive, Victor, 
New York 14564, Attention:  Michael A. Leo.  

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief,     Spectrum     Enforcement 
Division

                              

                          

_________________________

1 47 U.S.C. § 302a(b).

2 47 C.F.R. §§ 2.803(a) and (g), 2.815(b). 

3  External RF  power  amplifiers, such  as  the PA100  and 
LPA1WT, are used to boost the power of radio transmitters.

4 A  certification is an equipment  authorization issued by 
the  Commission, based  on  representations  and test  data 
submitted by the applicant.  See 47 C.F.R. § 2.907(a).

5  Letter of  March 4,  2005,  from Kathryn  S. Berthot  to 
Michael A. Leo.

6  Letter of March  28, 2005,  from Michael  A. Leo  to the 
Enforcement   Bureau,    Spectrum   Enforcement   Division, 
Attention: Thomas Fitz-Gibbon.

7  We note  that  Ramsey also  manufactures  and markets  a 
professional 50 watt low  power FM transmitter, model PX50, 
which is certified under FCC ID: PF3PX50.

8 47  C.F.R. § 15.3(o)  defines an intentional  radiator as 
``[a] device  that intentionally generates  radio frequency 
energy by radiation or induction.'' 

9  47 C.F.R.  § 2.801  defines a  radiofrequency device  as 
``any  device  which in  it  its  operation is  capable  of 
emitting radiofrequency energy by radiation, conduction, or 
other means.''

10 47 C.F.R. § 15.201(b).

11 Ramsey acknowledges  in the ``FM100B and  FM35 Series FM 
Transmitter   Certification''   form  provided   with   its 
marketing  materials  that  the  FM35WT  and  FM100BWT  are 
intentional radiators.

12 47 C.F.R. § 2.807(b).

13 See New  Image Electronics, 17 FCC Rcd  3594, 3596 (Enf. 
Bur. 2002).

14 As noted above, Ramsey's  catalog states that the FM35WT 
and FM100BWTdevices ``can only  be shipped outside the USA, 
or within the US if  accompanied by a signed statement that 
the unit will be exported.''  

15 Section  312(f)(1) of  the Act,  47 U.S.C.  § 312(f)(1), 
which  applies  to  violations for  which  forfeitures  are 
assessed  under Section  503(b) of  the Act,  provides that 
``[t]he  term  `willful,'  ...   means  the  conscious  and 
deliberate commission or omission of such act, irrespective 
of any intent  to violate any provision of this  Act or any 
rule or regulation of the Commission authorized by this Act 
....''  See Southern California Broadcasting Co., 6 FCC Rcd 
4387 (1991).

16 Section 312(f)(2) of the  Act provides that ``[t]he term 
`repeated,' ...  means the  commission or omission  of such 
act more  than once or,  if such commission or  omission is 
continuous,  for   more  than  one  day.''    47  U.S.C.  § 
312(f)(2).

17 47 C.F.R. § 2.815(c).

18 47 C.F.R. § 2.815(e) exempts amateur licensees from this 
prohibition  if  they market  no  more  than one  unit  per 
calendar year to another amateur licensee for the amateur's 
personal use and certain technical standards are met.  This 
exemption is clearly inapplicable here.

19 47 C.F.R. § 2.815(d) exempts amateur licensees from this 
prohibition if they  fabricate and market no  more than one 
unit per calendar year to  another amateur licensee for the 
amateur's personal use and  certain technical standards are 
met.  This exemption is clearly inapplicable here.

20 47 U.S.C. § 503(b).

21 47 U.S.C. § 503(b)(2)(D).

22 12  FCC Rcd 17087 (1997),  recon. denied 15 FCC  Rcd 303 
(1999).

23 47 C.F.R. § 1.80.

24 See  Samson Technologies,  Inc., 19  FCC Rcd  4221, 4225 
(2004).

25 See Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 
C.F.R. § 1.80(b)(4), Note  to paragraph (b)(4): Section II. 
Adjustment Criteria for Section 503 Forfeitures.

26 47 U.S.C. § 403

27 47 U.S.C. § 503(b).

28 47 C.F.R. § 0.111, 0.311 and 1.80.

29 See 47 C.F.R. § 1.1914.