Before the

**FEDERAL COMMUNICATIONS COMMISSION**

Washington, D.C. 20554

Chester J. Massie, Jr. File No.: EB-04-DL-095

H and Y Electrical Supply Company, Inc. Citation: C20053250001

1714 Griffin Gate Road Sent via Certified Mail

Louisville, KY 40205 Return Receipt Requested

##  and First Class U.S. Mail

# CITATION

**Released:** October 14, 2004

By 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
    Chester J. Massie, Jr. / H and Y Electrical Supply Company, Inc. for
    violation of Section 302(b) of the Act,[^2] and Section 2.803(a)(1)
    of the Commission's Rules.[^3]

2.  On September 20, 2004, the FCC received a confidential report
    alleging that H and Y Electrical Supply Company was marketing
    non-certified "10-meter" CB transceivers.

3.  An investigation by the FCC's Dallas Office revealed that Chester J.
    Massie, Jr. / H and Y Electrical Supply Company, Inc. is offering
    for sale in its 2004 / 2005 WHOLESALE CATALOG the following
    non-certified Citizens Band transceivers:

**[NAME]{.underline}** **[MODEL]{.underline}** **[PRICE]{.underline}**
**[DESCRIPTION]{.underline}** **[PAGE]{.underline}**

Connex 3300Patriot \$189.95 "Band selector" "Band HI/LO" 19

Connex 3300R \$164.95 "6 BANDS" 17

Connex 3300HP \$184.95 "6 BANDS" 17

Connex CX4400 HP \$219.95 "8 BANDS" 16

Connex CX4800 DXL/E \$299.95 "12 BANDS 2400 CHANNELS" 16

Connex Deer Hunter \$119.95 "120 CHANNELS" 19

Connex Coyote Hunter \$149.95 "5 BANDS!" 19

Connex Rebel \$169.95 "band selector", "band hi/lo switch" 18

Connex Rebel HP \$189.95 "6 bands" 18

Galaxy DX33HML Call "Channels: 240 AM, 240 FM" 7

Galaxy DX44V Call "Channels: 361 AM, 361 FM" 7

Galaxy DX-48T Call "8 bands!" 6

Galaxy DX55V Call "Channels: 240 AM, 240 FM" 7

Galaxy DX66V Call "Channels: 361 AM, 361 FM" 7, 8

Galaxy DX73V Call "Channels: 361 AM, 361 FM" 7

**[NAME]{.underline}** **[MODEL]{.underline}** **[PRICE]{.underline}**
**[DESCRIPTION]{.underline}** **[PAGE]{.underline}**

Galaxy 77 Call "Channels: 271 AM, 271 FM" 7

Galaxy DX88HL Call "Band Switch" 8

Galaxy DX-93T Call "8 bands!" 6

Galaxy DX95T Call "8 BANDS!" 5

Galaxy DX99V Call "Robot/VC Switch" 8

Galaxy DX2517 Call "Band Select Switch" 3

Galaxy EXR-45mp \$Call "8 bands!" 11

Magnum 257 \$179.95 21

Magnum 357 DX \$349.95 21

Magnum 3200 \$259.95 "240 CHANNELS" 4

Magnum Delta Force \$209.95 "Echo on/Off" 21

Magnum M-1 \$199.95 "6 BANDS" 23

Magnum Mini \$ 69.95 "40, 120, OR 400 CHANNEL RADIO" 20

Magnum Omega Force \$259.05 "TALKBACK" 21

Magnum S-3 \$199.95 "BAND SWITCH", "TALKBACK" 22

Magnum S-9 \$319.95 "8 BANDS" 22

Maverick A24 \$189.95 "BAND \[SWITCH\]", "ECHO ON/OFF" 20

Mirage 66 \$199.95 "BAND CONTROL", "ROBOT/VC" 23

Mirage 88 \$259.95 "Echo", "Band Switch" 23

Ranger RCI-2950DX Call 23

Ranger RCI-2970 Call 23

Ranger RCI-2980WX Call 23

Ranger RCI-2985DX Call 23

Ranger RCI-2995DX Call 23

Ranger RCI-6300F25 Call 23

Ranger RCI-6300F150 Call 23

Ranger RCI-6900F25 Call 23

Ranger RCI-6900F150 Call 23

President Lincoln \$289.95 15 SuperStar 3900 \$159.95 "a-b-c-d-e-f
bands" 13 SuperStar 3900GHP \$159.95 "6 BANDS" 14 SuperStar 3900Plus
\$159.95 "6 BANDS" 12 SuperStar Grant \$189.95 "480 Channels" 14

Voyage 9000 \$199.95 "6 BANDS" 15

According 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.

4.  Additionally, investigation by the FCC's Dallas Office revealed that
    the Internet domain name hyelectronics.com is registered to H & Y
    Electronics Supply Company, 7504 Fegenbush Lane, Louisville, KY
    40228-1571 with Chester Massie-Sr. listed as the administrative
    contact. Furthermore, on October 1, 2004, H&Y Electronics with a
    mailing address listed as P.O. Box 39322, Louisville, KY and
    telephone number listed as 1-502-231-2931, offered for sale through
    its Internet site
    [www.hyelectronics.com](http://www.hyelectronics.com/), the
    following non-certified Citizens Band transceivers:

**[NAME]{.underline}** **[MODEL]{.underline}** **[PRICE]{.underline}**
**[DESCRIPTION]{.underline}**

Connex 4400 HP \$226.55 "Echo Switch", "FOR EXPORT USE ONLY"

Connex 4800 DX LE \$299.95 "2400 CHANNELS"

Connex C-33PATHP \$195.65

Connex C-48DXLE \$308.95

Connex Coyote Hunter \$154.45 "band selector", "FOR EXPORT USE ONLY"

Connex CX-HPCF \$195.65 "echo/off switch", "FOR EXPORT USE ONLY"

Galaxy "88 refurb" \$259.95 "ECHO"

Galaxy DX-2517 \$419.95 "\*for export use only"

Galaxy DX-2547 \$264.95 "\*For export use only"

Magnum 257 \$179.95 "AM/FM/LSB/USB"

Magnum M-1 \$199.95 "Echo", "Top Gun Modulator"

Mirage 66 \$205.95 "MOBILE"

Mirage 88 \$238.95 "SAME FEATURES AS THE GALAXY 88"

Mirage 88 \$267.75 "Band Selector", "FOR EXPORT USE ONLY"

Mirage 99 \$288.35 "Robot/VC", "FOR EXPORT USE ONLY"

Ranger 2950 DX \$253.54

Ranger 2970 DX \$411.99

Super Star 121 \$144.15 "AM/FM Mobile", "FOR EXPORT USE ONLY"

SuperStar 3900 \$144.15

SuperStar 3900 Gold \$185.35 "FOR EXPORT USE ONLY"

SuperStar Gold HP \$169.90

SuperStar Grant \$195.65 "FOR EXPORT USE ONLY"

SuperStar SS-122 \$ 72.05 "10 meter radio for export use only"

According 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.

5.  Section 302(b) of the Act^2^ 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 Rules^3^ 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 ...." Chester J. Massie, Jr. / H and Y
    Electrical Supply Company, Inc. offer for sale of the above listed
    devices violates both sections.

6.  Chester J. Massie, Jr. / H and Y Electrical Supply Company, Inc.
    markets these devices as amateur transceivers. The Commission has
    evaluated radio frequency devices similar to those listed in
    paragraphs 3 and 4, 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).

7.  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 rules[^5] states: ". . . . (\[CB\] 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.

8.  Furthermore, the Commission has revised Section 2.1204(a)(5) of its
    rules[^6] 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.

9.  In addition to the marketing of the non-certified transceivers
    addressed above, Chester J. Massie, Jr. / H and Y Electrical Supply
    Company, Inc. is warned that Section 302(b) of the Act^2^, and
    Section 2.815(c) of the Commission's Rules[^7] 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 Rules[^8] 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. Non-certified
    HF external RF power amplifiers requiring certification include, but
    are not limited to, the following brands: Black Cat, Boomer, Cobra,
    Galaxy, Hornet, HLA, KL, KLV, Little Red Hooker, Magna Force,
    Messenger, Palomar, RM, RM / HLA, RM / KL, Texas Star, X-Force.

10. Subsequent violations of the Communications Act 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.[^10]

11. Chester J. Massie, Jr. / H and Y Electrical Supply Company, Inc. may
    request a personal interview at the closest FCC location to its
    place of business,[^11] namely:

> Federal Communications Commission
>
> Park Ridge Office Center, Suite 306
>
> 1550 Northwest Highway
>
> Park Ridge, Illinois 60068-1460

which can be contacted by telephone at XXX XXX-XXXX. They must schedule
this interview to take place within 14 days of the date of this
citation. Chester J. Massie, Jr. / H and Y Electrical Supply Company,
Inc. may submit a written statement within 14 days of the date of this
citation to the following address:

> Federal Communications Commission
>
> 9330 LBJ Freeway, Suite 1170
>
> Dallas, Texas 75243-3470

which can be contacted by telephone at XXX XXX-XXXX. Any written
statement should specify what actions have been taken to correct the
violation outlined above. When corresponding with the Commission, case
number EB-04-DL-095 and citation number C20053250001 should be
referenced.

12. 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.[^13]

> FEDERAL COMMUNICATIONS COMMISSION
>
> James D. Wells
>
> District Director - Dallas Office

LRB

cc: Federal Communications Commission

> Park Ridge Office Center, Suite 306
>
> 1550 Northwest Highway
>
> Park Ridge, IL 60068-1460
>
> Chester J. Massie, Jr.
>
> H and Y Electrical Supply Company, Inc.
>
> P.O. Box 39322
>
> Louisville, KY 40233

[^1]: 47 U.S.C. § 503(b)(5)

[^2]: 47 U.S.C. § 302a(b)

[^3]: 47 C.F.R. § 2.803(a)(1)

[^4]: [See]{.underline} 47 C.F.R. §§ 95.603(c) & 2.803

[^5]: 47 C.F.R. § 95.655(a)

[^6]: 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000

[^7]: 47 C.F.R. § 2.815(c)

[^8]: 47 C.F.R. § 2.815(b)

[^9]: [S*ee*]{.underline} 47 C.F.R. § 1.80(b)(3)

[^10]: [S*ee*]{.underline} 47 U.S.C. §§ 401, 501, 503, 510

[^11]: [S*ee*]{.underline} 47 U.S.C. § 503(b)(5)

[^12]: *See* Privacy Act of 1974, 5 U.S.C. §552a(e)(3)

[^13]: See 18 U.S.C. §1001