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   Before the

   Federal Communications Commission

                              Washington, DC 20554

   In the Matter of DNJ Radio Fremont, California ) ) ) ) ) ) File No.:
   EB-FIELDWR-12-00005117 Citation No.: C201332960001




                               CITATION AND ORDER

           Illegal Marketing of Unauthorized Radio Frequency Devices

   Adopted: August 14, 2013 Released: August 15, 2013

   By the District Director, San Francisco District Office, Western 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 DNJ Radio (DNJ). Specifically, DNJ
        is being cited for the marketing of unauthorized radio frequency
        devices in violation of Section 302(b) of the Communications Act^ and
        Sections 2.803 and 2.815 of the Commission's rules (Rules).^

     2. Notice of Duty to Comply With Law: DNJ should take immediate steps to
        come into compliance, to discontinue the marketing of unauthorized
        radio frequency devices, and to avoid any recurrence of this
        misconduct described herein. DNJ 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 and 2.815 of the Rules, it may be subject to civil
        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 DNJ to respond in writing,
        within thirty (30) calendar days after the release date of this
        Citation, and signed under penalty of perjury, with descriptions of
        the specific action(s) taken or plans to cease the marketing of
        unauthorized radio frequency devices, to preclude recurrence of these
        violations, and also a timeline for completion of any corrective
        action(s).

   II. BACKGROUND

     4. The Enforcement Bureau's San Francisco Office received reports that
        DNJ Radio offered for sale non-certified Citizen Band (CB) and
        Amateur Radio Service (ARS) linear amplifiers in Fremont, California.
        DNJ Radio was reportedly offering for sale non-certified amplifiers
        and kits on the internet website www.dnjradio.com (DNJ Radio
        Website).^ A San Francisco agent investigated the reports and browsed
        the DNJ Radio Website on October 25, 2012, and again on August 2,
        2013, and confirmed that DNJ Radio was offering for sale
        non-certified RM Italy linear amplifiers and amplifier kits capable
        of operation with both CB 11 meter transceivers and ARS 10 meter
        transceivers. A partial listing follows:

   Brand Name  Model

   RM Italy AD 203 Stinger Board

   RM Italy PCN-60 Stinger Board

   RM Italy KLV 550 Linear Amplifier

   RM Italy KLV 1000 Linear Amplifier

   RM Italy HLA-150V Plus HF Professional Linear Amplifier

   RM Italy HLA-300V Plus HF Professional Linear Amplifier

   RM Italy KL 35 Mobile Unit Amplifier

   RM Italy KL 60 Mobile Unit Amplifier

   RM Italy KL 200 Mobile Unit Amplifier

   RM Italy KL 203 Mobile Unit Amplifier

   RM Italy KL 300 Mobile Unit Amplifier

   RM Italy KL 300P Mobile Unit Amplifier

   RM Italy KL 400 HF Amplifier

   RM Italy KL 500 Mobile Unit Amplifier

   RM Italy KL 501 HF Amplifier

   According to Commission records, these devices have not received an FCC
   grant of certification, which is required for external radio frequency
   power amplifiers operating on frequencies below 144 MHz and marketed in
   the United States.^

   III. APPLICABLE LAW AND VIOLATIONS

     5. 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."^

     6. The applicable implementing regulations for Section 302(b) are set
        forth in Section 2.803 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.^

   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."^

     7. Section 2.815(a) of the Rules states that "...an external radio
        frequency power amplifier is any device which, (1) when used in
        conjunction with a radio transmitter as a signal source is capable of
        amplification of that signal, and (2) is not an integral part of a
        radio transmitter as manufactured."^ The devices listed in paragraph
        4 meet this definition. Section 2.815(b) states that "[n]o 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 capable of operation on any
        frequency or frequencies below 144 MHz unless the amplifier has
        received a grant of certification in accordance with subpart J of
        this part..."^ The devices listed in paragraph 4 have not received a
        grant of certification from the FCC and they operate on frequencies
        below 144 MHz. Section 2.815(b)(1) states that an "... external radio
        frequency power amplifier shall not be capable of amplification in
        the frequency band 26 - 28 MHz."^ All the devices listed in paragraph
        4 have specifications that state they operate in this frequency band.
        Section 2.803(b)(4) in part states that "...an external radio
        frequency power amplifier ...intended for use in the Amateur Radio
        Service..." must also have a grant of certification from the FCC.^
        Again, there are no grants of certification from the FCC for the
        equipment listed in paragraph 4.

     8. DNJ Radio provides a disclaimer on its website for the devices listed
        in paragraph 4 that states that "[a]ll RM Italy Units are for
        industrial, scientific, medical, or export use only. It is a
        violation of US FCC regulations to use it on 11 meter band in US."^
        The amplifiers in question, however, are being offered for sale from
        within the United States and anyone within the United States could
        buy the devices regardless of the disclaimer.

     9. The record in this case shows that, on October 25, 2012, and August
        2, 2013, DNJ Radio offered for sale on the DNJ Radio Website, to
        customers in the United States, non-certified linear amplifiers and
        amplifier kits capable of operation with both CB and ARS
        transceivers. Accordingly, DNJ Radio offered for sale multiple
        non-certificated radio frequency devices. Based on the foregoing
        evidence, we find that DNJ Radio violated Section 302(b) of the
        Communications Act and Sections 2.803 and 2.815 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

    10. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
        DNJ is directed to describe in writing the steps it has taken or
        plans to take to cease the marketing of unauthorized radio frequency
        devices and provide the information requested below, as well as a
        timeline for any corrective actions, within thirty (30) calendar days
        after the release date of this Citation. A failure to respond in
        writing, or an inadequate, incomplete, or misleading response, may
        subject DNJ to additional sanctions.^

     i. Provide a list of amplifiers manufactured, marketed, and/or imported
        by RM Italy which are capable of use with both CB and ARS
        transceivers. For each model, provide a technical specifications
        sheet which includes the frequencies the device operates on, power
        limits, and the manufacturer and/or importer of the device, if the
        manufacturer or importer is not RM Italy. For each model, provide any
        equipment certification, authorization, verification and/or
        declaration of conformity issued to RM Italy or the manufacturer
        and/or importer pursuant to the FCC's equipment authorization rules
        for each model listed. For each model, also provide the supporting
        documentation and test reports submitted or created by RM Italy to
        support the equipment authorization grant.

     ii. Provide documents that RM Italy has created concerning the use of
         linear amplifiers on both CB and ARS transceivers and warnings to
         users as to the operation on both CB and ARS frequency bands.
         Provide any documents created by RM Italy in which it notifies the
         sellers, buyers or users of its linear amplifiers of the potential
         violations of FCC regulations for use with CB and ARS transceivers,
         and/or an offer to sell the devices in the United States.

     iii. Provide any and all information and documents received, created or
          obtained, as part of the DNJ Radio investigation to determine if RM
          Italy is licensed or authorized to sell, 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 certified or non-certified linear amplifiers.

   V. RESPONDING TO THIS CITATION

    11. In addition to the required written information described in
        paragraphs 3 and 10, above, DNJ may, if it so chooses, respond to
        this Citation--challenging the factual and legal findings
        herein--within thirty (30) 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.

    12. If you would like to arrange a teleconference or personal interview,
        please contact David Hartshorn at (925) 416-9717. The nearest
        Commission Field Office is located in Pleasanton, California. 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 13, below.

    13. All written communications, including the information requested in
        paragraphs 3 and 10, above, should be provided to the address below.

   Federal Communications Commission

   San Francisco District Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, California 94588-8543

   Re: EB-FIELDWR-12-00005117

    14. 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 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).

    15. 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.^

    16. 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.

    17. 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.^

    18. 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

    19. If, after receipt of this Citation, DNJ again violates Section 302(b)
        of the Act or Sections 2.803 or 2.815 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 day on which a non-certificated CB
        transmitter or external RF amplifier is sold or for each day on which
        a non-certified RF 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.^

   VII. ORDERING CLAUSES

    20. IT  IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
        Communications Act, DNJ must provide the written information
        requested in paragraphs 3 and 10, above. The response to the request
        for information must be provided in writing, signed under penalty of
        perjury by an authorized official at DNJ 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.

    21. IT  IS FURTHER ORDERED that a copy of this Citation and Order shall
        be sent by First Class U.S. Mail and by Certified Mail, Return
        Receipt Requested, to DNJ Radio at 3920 Argonaut Way, #333, Fremont,
        California, 94538-1304.

   FEDERAL COMMUNICATIONS COMMISSION

   David K. Hartshorn

   District Director

   San Francisco 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. SS 2.803, 2.815.

   ^  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.

   ^ Information was also obtained that DNJ offered these types of devices
   for sale on the websites www.amazon.com, www.ebay.com, and www.ioffer.com.

   ^ See 47 C.F.R. S 2.815(b).

   ^ 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. S 2.803.

   ^ 47 C.F.R. S 2.803(a).

   ^ 47 C.F.R. S 2.803(g).

   ^ 47 C.F.R. S 2.803(e)(4).

   ^ 47 C.F.R. S 2.815(a).

   ^ 47 C.F.R. S 2.815(b).

   ^ 47 C.F.R. S 2.815(b)(1).

   ^47 C.F.R. S 2.815(b)(4).

   ^  See DNJ Radio Website
   http://www.dnjradio.com//product_info.php?products_id=231 (last visited
   August 2, 2013).

   ^ 47 U.S.C. S 302a(b); 47 C.F.R. SS 2.803, 2.815.

   ^ 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) ($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) ($4,000 forfeiture for failure to respond to an
   LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC Rcd 3954 (Enf.
   Bur. 2005) ($20,000 forfeiture for failure to respond to a USF LOI);
   Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur.
   2003) ($4,000 forfeiture for failure to respond to an LOI); 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. 2008) (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.

   Federal Communications Commission DA 13-1755

   7

   Federal Communications Commission DA 13-1755