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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of The Enterprise Group, Inc. d/b/a ePowerAmps;
www.epoweramps.com, Omaha, Nebraska ) ) ) ) ) ) ) ) File No.:
EB-FIELDSCR-13-00008481 Citation No.: C201332560001
CITATION AND ORDER
Illegal Marketing of Unauthorized Radio Frequency Devices
Adopted: June 6, 2013 Released: June 6, 2013
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. This is an official CITATION AND ORDER (Citation) issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to The Enterprise Group, Inc. d/b/a
ePowerAmps (ePowerAmps). Specifically, ePowerAmps is being cited for
marketing^ to consumers in the United States and its territories
(United States) through its online website, [1]www.ePowerAmps.com,
unauthorized radio frequency devices in violation of Section 302(b) of
the Act,^ and Sections 2.803, 2.815(b), and 15.201(b) of the
Commission's rules (Rules).^
2. Notice of Duty to Comply With Laws: ePowerAmps should immediately
remove all unauthorized radio frequency devices, specifically modified
Citizens Band (CB) radios and non-certified radio frequency (RF)
amplifiers for use in the 10-12 meter bands, from display (including
online display); cease marketing (including the advertisement and/or
sale of) such devices in the United States; and take steps to avoid
any recurrence of the misconduct described herein. ePowerAmps is
hereby on notice that if it subsequently engages in any conduct of the
type described in this Citation, including any violation of Section
302(b) of the Act or Sections 2.803, 2.815(b), and 15.201(b) of the
Rules, it may be subject to civil and criminal penalties, including
but not limited to substantial monetary fines (forfeitures) and
seizure of equipment. Such forfeitures may be based on both the
conduct that led to this Citation and the conduct following it.^
3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct ePowerAmps to confirm in
writing, within thirty (30) calendar days after the release date of
this Citation, and signed under pernalty of perjury, that it has
ceased marketing unauthorized radio frequency devices on its online
website, [2]www.ePowerAmps.com.
II. background
4. ePowerAmps is an online retailer of CB and Amateur radios, linear
amplifiers, and radio accessories, which specializes in the
"customization of radios."^ On April 8, 11, and 26, 2013, in response
to a complaint that unauthorized devices were being sold on the
website, an agent with the Enforcement Bureau's Kansas City Office
(Kansas City Office) visited the online store of ePowerAmps,
www.ePowerAmps.com, and observed illegally modified CB radios being
offered for sale in the United States.^ Specifically, the agent
observed ePowerAmps market "custom" options or upgrades for 35
different makes and models of certified CB radios. The standard
"Peak-N-Power Tune" option increases the "transmit and overall
performance" for a given CB radio beyond authorized levels and costs
$30, while the upgraded "Peak-N-Power Tune" option with a replacement
transistor component costs $50.^ ePowerAmps also offers an option to
replace a CB radio's original amplifier with a higher powered
replacement amplifier for $99.95 or more, depending on the model of
the replacement amplifier.^ The "Channel Expansion" option, priced at
$50 per radio, expands the authorized frequency range of a given CB
radio to include the "26 mHz range and the upper 27 mHz range."^ Some
CB radio models have an additional upgraded option of installing an
80-channel expansion board for $80.^
5. In addition to the modified CB radios, on April 8, 11, and 26, 2013,
an agent from the Kansas City Office observed over 50 makes and models
of non-certified RF power amplifiers for use on "10-12 meters,"^ also
known as linears, being offered for sale on the ePowerAmps webpage.^
These linears varied in size between 120 Watts and 8200 Watts and
ranged in price between $139.95 and $2,599.99, depending on the make
and model chosen.^ None of the 50 linears offered for sale have FCC
Identification numbers to confirm that the model has been granted an
FCC certification.
6. The agent from the Kansas City Office also observed on April 11 and
26, 2013, that ePowerAmps listed links on their Facebook page to many
of the same customizations and linears advertised on their website.^
III. applicable law and violations
7. Federal law requires that radio frequency devices must be certified in
accordance with the Commission's technical standards before they can
be marketed in the United States.^ 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."^
8. The applicable implementing regulations for Section 302(b) are set
forth in Sections 2.803, 15.201, and 15.3(o) of the Rules.^
Specifically, Section 2.803(a) of the Rules provides, in relevant
part, 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 as required by S 2.925 and other relevant sections in this
chapter.^
Additionally, Section 2.803(g) of the Rules provides in relevant 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.^
9. Pursuant to Section 15.201(b) of the Rules,^ intentional radiators^
(like CB transmitters) cannot be marketed in the United States or its
territories unless they have first been authorized in accordance with
the Commission's certification procedures. Section 2.803(e)(4) of the
Rules defines "marketing" as the "sale or lease, or offering for sale
or lease, including advertising for sale or lease, or importation,
shipment or distribution for the purpose of selling or leasing or
offering for sale or lease."^ In addition, Section 95.409(b) of the
Rules states: "You must not make, or have made, any internal
modification to a certificated CB transmitter. . . . Any internal
modification to a certificated CB transmitter cancels the
certification . . . ."^
10. Pursuant to Section 2.815(b) of the Rules, external radio frequency
power amplifiers capable of operation on frequencies below 144 MHz may
not be offered for sale unless they have first been authorized in
accordance with the Commission's certification procedures.^
11. The record in this case shows that, on April 8, 11, and 26, 2013,
ePowerAmps offered for sale on the Internet, to customers in the
United States, internal modifications or customizations to add more
power and/or frequencies to many makes and models of certificated CB
transmitters, which would void the CB transmitters' certifications.
Accordingly, ePowerAmps offered for sale many non-certificated radio
frequency devices (i.e., CB transmitters). In addition, on April 8,
11, and 26, 2013, ePowerAmps offered for sale on the Internet several
makes and models of external RF power amplifiers that operate on
frequencies in the "10-12 Meter" bands, 28.0-29.7 MHz and 24.89-24.99
MHz, respectively, and that have not been FCC certified. Based on the
foregoing evidence, we find that ePowerAmps violated Section 302(b) of
the Communications Act and Sections 2.803, 2.815(b), and 15.201(b) of
the Rules by marketing and offering for sale in the United States
unauthorized radio frequency devices that do not have valid FCC
certifications.^
IV. REQUEST FOR INFORMATION
12. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
ePowerAmps is directed to confirm in writing that it has ceased
marketing unauthorized radio frequency devices on its online website
(which may include the actions taken to remove these devices from its
webpages to ensure that it does not market the unlawful devices in the
United States) and provide the information requested in the non-public
Appendix A within thirty (30) calendar days after the release date of
this Citation. The request for information concerns ePowerAmps'
external RF power amplifier suppliers and sales, as well as the
disposition of its illegal inventory. A failure to respond in
writing, or the provision of an inadequate, incomplete, or misleading
response, may subject ePowerAmps to additional sanctions.^
V. RESPONDING TO THIS CITATION
13. In addition to the required written information described in
paragraphs 3 and 12, above, ePowerAmps may, if it so chooses, respond
to this Citation--challenging the factual and legal findings
herein--within thirty (30) calendar days from the release date of this
Citation either through (1) a written statement, (2) a teleconference
interview, or (3) a personal interview at the Commission Field Office
nearest to your place of business.
14. If you would like to arrange a teleconference or personal interview,
please contact Ronald D. Ramage at (816) 246-3303. The nearest
Commission Field Office is located in Lee's Summit, Missouri. Such
teleconference or interview must take place within thirty (30)
calendar days of the date of this Citation. If you would like to
submit a written response, including any supporting documentation, you
must send the response within thirty (30) calendar days of the date of
this Citation to the contact and address provided in paragraph 15,
below.
15. All written communications, including the information requested in
paragraphs 3 and 12, above, should be provided to the address below.
Ronald Ramage
Federal Communications Commission
Kansas City Office
* Colbern Rd.
Lee's Summit, MO 64086
Re: EB-FIELDSCR-13-00008481
16. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include as much detail as you can. Also include a way we can
contact you if we need more information. Please allow at least five
(5) business days advance notice; last minute requests will be
accepted, but may be impossible to fill. Send an e-mail to
fcc504@fcc.gov or call the FCC's Consumer & Governmental Affairs
Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format): 202-418-0531 (voice), 202-418-7365 (tty).
17. Please be advised that it is a violation of Section 1.17 of the
Commission's rules (47 C.F.R. S 1.17) for any person or a staff member
of that person to make any false or misleading written or oral
statement of fact. Specifically, no person shall:
(1) In any written or oral statement of fact, intentionally provide
material factual information that is incorrect or intentionally omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading; and
(2) In any written statement of fact, provide material factual information
that is incorrect or omit material information that is necessary to
prevent any material factual statement that is made from being incorrect
or misleading without a reasonable basis for believing that any such
material factual statement is correct and not misleading.^
18. Further, 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.
19. If you violate Section 1.17 of the Commission's rules or the criminal
statute referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Communications
Act.^
20. Under the Privacy Act of 1974, 5 U.S.C. S 552a(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.
VI. FUTURE VIOLATIONS
21. If, after receipt of this Citation, ePowerAmps again violates Section
302(b) of the Act or Sections 2.803, 2.815(b), and 15.201(b) of the
Rules by engaging in conduct of the type described herein, the
Commission may impose monetary forfeitures not to exceed $16,000 for
each such violation or each day of a continuing violation, and up to
$112,500 for any single act or failure to act.^ For instance, the
Commission could impose separate forfeitures for each modified CB
radio or non-certified RF amplifier for use in the 10-12 meter bands
sold or for each day on which such a device is advertised or otherwise
offered for sale. Further, as discussed above, such forfeitures may be
based on both the conduct that led to the Citation and the conduct
following it.^ In addition, violations of the Communications Act or
the Rules also can result in seizure of equipment through in rem
forfeiture actions,^ as well as criminal sanctions, including
imprisonment.^
VI. ORDERING CLAUSES
22. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, The Enterprise Group, Inc. d/b/a ePowerAmps must
provide the written information requested in paragraphs 3 and 12,
above, and in the non-public Appendix. The response to the request for
information must be provided in writing, signed under penalty of
perjury by an authorized official at The Enterprise Group, Inc. d/b/a
ePowerAmps with personal knowledge of the information and
representations provided in the written response, and must be received
by the FCC within thirty (30) calendar days after the release date of
this Citation and Order.
23. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
sent both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested, to The Enterprise Group, Inc. d/b/a ePowerAmps at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
District Director
South Central Region
Enforcement Bureau
^ 47 U.S.C. S 503(b)(5).
^ The term "marketing," as applied in this case, is defined in paragraph
9, infra.
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 2.815(b), 15.201(b).
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent.") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See http://www.epoweramps.com/psc/about_us (last visited May 9, 2013).
^ When an item is placed in the shopping cart, to receive an estimate on
shipping charges, the default entry for choice of country is the United
States. See https://epoweramps.com/psc/index.php?p=shipping_quote (last
visited May 9, 2013).
^ See, e.g, [3]http://epoweramps.com/psc/cb_radios/cobra_25_nw_cb_radio/
(last visited June 5, 2013).
^ See [4]http://epoweramps.com/psc/options_upgrades/ (last visited June 5,
2013).
^ Id.
^ See, e.g, [5]http://epoweramps.com/psc/cb_radios/cobra_25_nw_cb_radio/
(last visited June 5, 2013).
^ The 12 meter band is 24.89-24.99 MHz and the 10 meter band is 28.0-29.7
MHz. See 47 C.F.R. S 97.301.
^ See [6]http://epoweramps.com/psc/linear_amplifiers/ (last visited June
5, 2013).
^ Examples of the non-certified RF amplifiers include Midnight Special
MS500, TNT T100, and xForce x-40.
^ See [7]www.facebook.com/ePowerCommunications.
^ See, e.g., Revision of Part 2 of the Commission's Rules Relating to the
Marketing and Authorization of Radio Frequency Devices, Report and Order,
12 FCC Rcd 4533 (1997).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 15.201, 15.3(o).
^ 47 C.F.R. S 2.803(a)(1).
^ 47 C.F.R. S 2.803(g).
^ 47 C.F.R. S 15.201(b).
^ An "intentional radiator" is a "device that intentionally generates and
emits radio frequency energy by radiation or induction." 47 C.F.R. S
15.3(o).
^ 47 C.F.R. S 2.803(e)(4).
^ 47 C.F.R. S 95.409(b).
^ 47 C.F.R. S 2.815(b).
^ 47 U.S.C. S 302a(b); 47 C.F.R. SS 2.803, 2.814(b), 15.201(b).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, PP 23-28 (2002) (imposing
$100,000 forfeiture for egregious and intentional misconduct, i.e.,
refusing to attest to truthfulness and accuracy of responses to a Letter
Inquiry (LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order,
22 FCC Rcd 15146 (Enf. Bur. 2007) (imposing $4,000 forfeiture for failure
to respond to an LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC
Rcd 3954 (Enf. Bur. 2005) (imposing $20,000 forfeiture for failure to
respond to a USF LOI); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC
Rcd 26065 (Enf. Bur. 2003) (imposing $4,000 forfeiture for failure to
respond to an LOI). See also World Communications Satellite Systems, Inc.,
Notice of Apparent Liability for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur.
2003) (proposing $10,000 forfeiture for a non-responsive reply to an LOI);
Digital Antenna, Inc., Sunrise, Florida, Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 7600 (Enf. Bur. 2007) (proposing $11,000 forfeiture
for failure to provide complete responses to an LOI).
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See paragraph 2, supra.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 13-1316
2
Federal Communications Commission DA 13-1316
References
Visible links
1. http://www.epoweramps.com/
2. http://www.epoweramps.com/
3. http://epoweramps.com/psc/cb_radios/cobra_25_nw_cb_radio/
4. http://epoweramps.com/psc/options_upgrades/
5. http://epoweramps.com/psc/cb_radios/cobra_25_nw_cb_radio/
6. http://epoweramps.com/psc/linear_amplifiers/
7. http://www.facebook.com/ePowerCommunications