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March 17, 2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Estop Electronics, Inc.
d/b/a The Antenna Farm, E-Stop Electronics
Attn: John W. Holbrook
9311 Sedgefield Road
North Fort Myers, FL 33917
Re: File No. EB-05-SE-196
Dear Mr. Holbrook:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Communications Act"), 47 U.S.C. S
503(b)(5), for marketing an unauthorized radio frequency device in the
United States in violation of Section 302(b) of the Communications Act, 47
U.S.C. S 302a(b), and Section 2.803 of the Commission's Rules ("Rules"),
47 C.F.R. S 2.803. As explained below, future violations of the
Commission's rules in this regard may subject your company to monetary
forfeitures.
Your response dated December 5, 2005 to our Letter of Inquiry ("LOI")
issued on November 22, 2005, acknowledged that you marketed an uncertified
radiofrequency device for Citizen's Band ("CB") use, the Magnum Mini radio
transceiver ("Magnum Mini"), through your web site,
[1]www.theantennafarm.com. Furthermore, you indicated that upon receipt of
our December 5, 2005 letter, you ceased marketing the device and
discontinued offering it for sale on your web site.
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
labelled as required by S 2.925 and other relevant sections in this
chapter.
In addition, Section 2.803(g) of the Rules provides that radio frequency
devices that could not be authorized or legally operated "shall not be
operated, advertised, displayed, offered for sale or lease, sold or
leased, or otherwise marketed ...."
Section 95.409 of the Rules, 47 C.F.R. S 95.409, specifies that CB
transmitters must certified. Accordingly, the Magnum Mini must be
authorized in accordance with the FCC's certification procedures prior to
the initiation of marketing in the United States. The Magnum Mini, as
advertised on your web site, operates on 400 channels within the 25.164 to
29.655 MHz frequency range, at an output of 15 watts peak envelope power
in "AM mode." This frequency range, as well as the number of channels, are
clearly beyond what is authorized in Section 95.407(a) of the Rules, 47
C.F.R. S 95.407(a), for CB use. The transmitter power for the Magnum Mini
also exceeds the levels specified in Section 95.409(a) of the Rules, 47
C.F.R. S 95.409(a). Furthermore, Section 95.425(c) of the Rules, 47 C.F.R.
S 95.425(c), explicitly prohibits the operation of CB transmitters on
unauthorized frequencies or illegal power levels. Thus, the Magnum Mini
apparently does not comply with the FCC's technical standards, and
therefore would not be capable of receiving a grant of equipment
certification. Accordingly, it appears that Estop has violated Section
302(b) of the Act, 47 U.S.C. S 302a(b), and Section 2.803 of the Rules, 47
C.F.R. S 2.803 by marketing in the United States a radio frequency device,
that is not authorized and is not eligible for authorization.
If, after receipt of this citation, you violate the Communications Act or
the Commission's rules in any manner described herein, the Commission may
impose monetary forfeitures not to exceed $11,000 for each such violation
or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. Your
response should specify the actions that you are taking to ensure that you
do not violate the Commission's rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office appears to be the Tampa Office in
Tampa, Florida. Please call Gabriel Collazo at 202-418-1160 if you wish
to schedule a personal interview. You should schedule any interview to
take place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to:
Kathryn Berthot
Deputy Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12^th Street, S.W., Rm. 7-C802
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Deputy Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 06-587
1
2
Federal Communications Commission DA 06-587
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
Visible links
1. http://www.theantennafarm.com/