Before the

**FEDERAL COMMUNICATIONS COMMISSION**

Washington, D.C. 20554

Carl C. Curatola File No.: EB-04-DL-263

d.b.a. 1 Stop Electronics Citation: C20053250005

1879 N Neltnor Blvd. Sent via Certified

West Chicago, IL 60185 Return Receipt Requested

and First Class U.S. Mail

## 

# CITATION

**Released:** December 6, 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 Carl C.
    Curatola d.b.a. 1 Stop Electronics for violation of Section 302(b)
    of the Act,[^2] and Sections 2.803(a)(1) and 2.815(b)&(c) of the
    Commission's Rules.[^3]

2.  An investigation by the FCC's Dallas Office revealed that the
    Internet domain name 1stopelectronics.com is registered to 1 Stop,
    Carl C., 1879 N. Neltnor, West Chicago, IL 60185 with an e-mail
    address listed as xforce151@aol.com. On July 1, 2004, the State of
    Illinois dissolved the corporation 1 Stop Electronics, Inc. where
    Carl Curatola was listed as the corporation's prior president.
    Furthermore, on November 11, 2004, Carl C. Curatola d.b.a. 1 Stop
    Electronics, through the use of Internet site
    [www.1stopelectronics.com]{.underline} (with the name and telephone
    numbers currently listed on the site as "1 Stop Electronics,
    877-894-1STOP, 630-393-3366, 847-550-1500, and 888-588-1505"),
    offered for sale the following thirty-five (35) non-certified
    Citizens Band transceivers:

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

Connex 3300 \$179.99 "6 Bands of 40 Channels"

Connex 3300 HP \$199.99 "6 Bands of 40 Channels"

Connex 3300 Limited Ed HP \$229.99 "6 Bands of 40 Channels"

Connex 4400 HP \$229.99 "8 Bands of 40 Channels"

Connex 4800 DXL \$299.99 "12 Bands of 40 Channels"

Connex Deer Hunter \$149.99 "3 Bands (120 Ch Export Version)"

Galaxy DX 33 HML \$189.99 "FOR EXPORT USE ONLY"

Galaxy DX 44V \$209.99 "FOR EXPORT USE ONLY"

Galaxy DX 48T \$399.99 "FOR EXPORT USE ONLY"

Galaxy DX55V \$199.99 "FOR EXPORT USE ONLY"

Galaxy DX66V \$269.99 "FOR EXPORT USE ONLY"

Galaxy DX 77HML \$249.99 "FOR EXPORT USE ONLY"

Galaxy DX 88HL \$319.99 "FOR EXPORT USE ONLY"

Galaxy DX 93T \$429.99

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

Galaxy 95T \$429.99 "Echo"

Galaxy DX99V \$349.99 "FOR EXPORT USE ONLY"

General A.P. Hill \$179.99 "6 Bands of 40 Channels"

General Lee \$199.99 "6 Bands"

Magnum 257 \$219.99

Magnum DeltaForce \$239.99 "TURBO Echo"

Magnum Maverick \$229.99 "TURBO Digital Echo"

Magnum OmegaForce \$289.99 "TURBO Digital Echo"

Magnum S-3 \$219.99 "6 Bands"

Magnum S-9 \$359.99 "TURBO™ Digital Echo with Dual Controls"

President Lincoln \$329.99

Ranger RCI 2950DX \$289.99 "FOR EXPORT USE ONLY"

Ranger RCI 2970DX \$399.99 "FOR EXPORT USE ONLY"

Ranger RCI-2995 DX \$539.99

Ranger RCI-6300 F25 \$279.99 "12 Bands of 40CH. (540 CH Export)"

Ranger RCI-6300F Turbo \$399.99 "12 Bands of 40CH. (540 CH Export
Version)"

Ranger RCI-6900F25 \$299.99 "12 Bands of 40CH. (540 CH Export Version)"

Ranger RCI-6900F 150 \$429.99 "12 Bands of 40CH. (540 CH Export
Version)"

SuperStar 121 \$139.99 "Full Channel 27 MHz"

SuperStar 3900 American Spirit \$189.99

Superstar 3900 Plus \$189.99

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.

3.  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 ....". Carl C. Curatola d.b.a. 1 Stop
    Electronics offered these devices for sale in violation of both
    sections.

4.  Carl C. Curatola d.b.a. 1 Stop Electronics marketed these devices as
    amateur and/or Citizens Band transceivers. The Commission has
    evaluated radio frequency 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 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.

6.  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.

7.  In addition to the marketing of the non-certified transceivers
    addressed above, Carl C. Curatola d.b.a. 1 Stop Electronics 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 External RF
    Power Amplifiers requiring certification include, but are not
    limited to, the X Force and Texas Star brands.

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.[^10]

9.  Carl C. Curatola d.b.a. 1 Stop Electronics 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. He must schedule
this interview to take place within 14 days of the date of this
citation. Carl C. Curatola d.b.a. 1 Stop Electronics 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-263 and citation number C20053250005 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.[^13]

> FEDERAL COMMUNICATIONS COMMISSION
>
> James D. Wells
>
> District Director
>
> Dallas Office
>
> FCC Enforcement Bureau

LRB

Cc: Mr. Carl C. Curatola

> d.b.a. 1 Stop Electronics
>
> 27 W054 Roosevelt Rd.
>
> Winfield, IL 60190-1603
>
> Federal Communications Commission
>
> Park Ridge Office Center, Suite 306
>
> 1550 Northwest Highway
>
> Park Ridge, IL 60068-1460

[^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