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Dealer Cited for selling "export" radios and illegal amplifiers!!!!!!!!

From: Rover
Remote Name: 216.76.153.23
Date: 22 Oct 2003
Time: 17:32:38

Comments

This is what about to happen to dealers and drivers who persist in operating on unauthorized frequencies. Before theFEDERAL COMMUNICATIONS COMMISSIONWashington, D.C. 20554Mr. David P. Pace, Jr. d.b.a. File No.: EB-03-DL-143Pacetronics Sent via CertifiedPace Marketing Return Receipt Requested531-C East Main Street and First Class U.S. MailNacogdoches, TX 75963 CITATIONReleased: July 7, 2003By the Enforcement Bureau, Dallas Office:1. This is an Official Citation issued pursuant to Section 503(b)(5) of the Communications Act of 1934, as amended (``Act''),1 to Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing for violation of Section 302(b) of the Act,2 and Section 2.803(a)(1) of the Commission's Rules.32. An investigation by the FCC's Dallas Office revealed that the Internet domain name PACERADIOS.COM is registered to Pace Marketing, David Pace, P.O. Box 631207, Nacogdoches, TX 75963 with Pace Marketing, David Pace listed as the administrative contact. Furthermore, on June 30, 2003, Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing through its Internet site(s) www.paceradios.com (with an addresses listed on the site as Pace Marketing, 531-C East Main St, Nacogdoches, TX 75961 and Pace Marketing, P.O. Box 631207, Nacogdoches, TX 75961) offered for sale, the following thirty seven (37) non-certified Citizens Band transceivers:NAME MODEL PRICE DESCRIPTIONConnex 4800 DXL $289.99 12 Bands of 40 ChannelsConnex 4400 High Power $219.99 8 Bands of 40 ChannelsConnex 3300 High Power $199.99 Range 25.615 - 28.305Connex 3300 $179.99 Range 25.615 - 28.305Connex Patriot $199.99 Range 25.615 - 28.305Connex Deer Hunter $139.99 Can be converted to operate on 120 Chan.Connex 3300 LE $179.99 Range 25.615 - 28.305Connex 3300 HP LE $199.99 Range 25.615 - 28.305Connex 3300 Coyote Hunter $169.99 . . . CB band, with . . . 120 channels belowGalaxy DX99V $329.99 Robot Talk, Voice ChangerGalaxy DX 93T $429.99 Echo with dual controlsGalaxy DX88HL $314.99 Dual-Control Echo, TalkbackGalaxy DX77HML $219.99 6 bands of 40Ch.Galaxy DX66V $234.99 Dual Control Echo, TalkbackGalaxy DX55V $164.99 equipped as an ideal multi-band radio NAME MODEL PRICE DESCRIPTION Galaxy 48T $369.99 Deluxe Export Radio Galaxy DX45-MP $249.99 Export RadiosGalaxy DX44V $189.99 Dual control echo/reverb Galaxy DX33HML $159.99 dual control echo/reverb, Talkback General Lee $199.99 6 Bands of 40 Channels General A.P. Hill $169.99 6 Bands of 40 Channels General Grant $399.99 12 Bands of 40 Channels ? ? ? General Longstreet $229.99 6 Bands of 40 Channels Magnum 257 $179.99 10 bands of channelsRanger 6900F-25 $289.99 . . . 12-band segmentsRanger 6900F-150 $409.99 . . . 24.2650 - 29.6650 MHzRanger 6900FTB-refurbished $369.99 Export RadiosRanger 6300F-25 $269.99 . . . 12-band segmentsRanger 6300F-150 $389.99 Export RadiosRanger 2995DX $549.99 Export Base Station Ranger 2985DX $439.99 Export Base Station Ranger 2980WX $409.99 Export Base Station Ranger 2970DX $399.99 Export RadiosRanger 2950DX $269.99 Export RadiosSuperstar 3900HP-Gold $239.99 6 Bands 240 Channels Superstar Grant $179.99 120 Channels Superstar 121 $129.99 CB features...with...Upper and Lower FreqAccording to the Commission's records, these devices have not received an FCC equipment authorization which is required for Citizens Band transmitters marketed in the United States. 3. Section 302(b) of the Act2 provides ``[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 Rules3 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: (1) In 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 ....'' Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing's offer for sale of these devices violates both sections.4. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing marketed these devices as amateur transceivers. The Commission has evaluated radiofrequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are not only amateur radios but can easily be altered for use as Citizens Band devices as well. A CB transmitter is a transmitter that operates or is intended to operate at a station authorized for the CB service, and it must be certificated by the FCC prior to marketing or importation.4 The Commission has further concluded that these devices fall within the definition of a CB transmitter and therefore cannot legally be imported or marketed in the United States. See Response from the Commission's General Counsel to U.S. Customs Service dated May 17, 1999, 14 FCC Rcd 7797 (1999).5. Additionally, dual use CB and amateur radios of the kind at issue here may not be certificated under the Commission's rules. Section 95.655(a) of the rules5 states: ``. . . . ( Transmitters with frequency capability for the Amateur Radio Services . . . . will not be certificated.)'' See also FCC 88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use.6. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules6 to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES.7. In addition to the marketing of the non-certified transceivers addressed above, Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing is warned that Section 302(b) of the Act2, and Section 2.815(c) of the Commission's Rules7 requires FCC Type Acceptance (or Certification) of External Radio Frequency Power Amplifiers (or amplifier kits) capable of operation on any frequency or frequencies below 144 MHz. Furthermore, Section 2.815(b) of the Commission's Rules8 prohibits the marketing of External Radio Frequency Power Amplifiers (or amplifier kits) capable of operation on any frequency or frequencies between 24 and 35 MHz. 8. Subsequent violations of the Communications Act and/or of the Commission's Rules may subject the violator to substantial monetary forfeitures not to exceed $11,000 for each such violation or each day of a continuing violation,9 seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment.109. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing may request a personal interview at the closest FCC location to its place of business,11 namely:Federal Communications Commission9330 LBJ Freeway, Suite 1170Dallas, Texas 75243-3470which can be contacted by telephone at 214-575-6361. They must schedule this interview to take place within 14 days of the date of this citation. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing may submit a written statement within 14 days of the date of this Citation to the same address. Any written statement should specify what actions have been taken to correct the violation outlined above. When corresponding with the Commission, case number EB-03-DL-143 should be referenced. 10. Any statement or information provided may be used by the Commission to determine if further enforcement action is required.12 Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.13FEDERAL COMMUNICATIONS COMMISSION

Last changed: February 26, 2004