**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matter of )

) File No.: EB-05-NY-297

Bob Paul d.b.a. LP Electronics )

) Citation No: C20063238002

Holtsville, New York 11742 )

## 

# CITATION

**Released:** November 29, 2005

By the District Director, New York Office, Northeast Region, Enforcement
Bureau:

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. Bob
    Paul d.b.a. LP Electronics for violation of Section 302(b) of the
    Act,[^2] and Section 2.803(a)(1) of the Commission's Rules
    ("Rules").[^3]

2.  An investigation by agents in the FCC's New York Office revealed
    that on October 27, 2005, Mr. Bob Paul d.b.a. LP Electronics offered
    for sale at his retail store located at 1031 Waverly Avenue,
    Holtsville, New York, six (6) models of non-certified Citizens Band
    (CB) transceivers, namely:

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

GALAXY DX 33 HML \$159.95 "6 Band Radio"

GALAXY DX 45 MP \$279.00 "8 Band Radio"

GALAXY DX 95 T \$479.95 "100 Watts"

RANGER SS 3900 \$289.95 "15 -- 20 Watts"

SUPPERSTAR 3900 G \$159.00 "6 Band Radio"

COBRA 200 GTL DX \$325.00 "100 Watts"

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.  Additionally, agents in the New York Office found that LP
    Electronics at 1031 Waverly Avenue, Holtsville, NY, is listed as the
    contact on the Internet website
    [www.lpelectronics.safeshopper.com](http://www.lpelectronics.safeshopper.com/)
    . On October 21, 2005, agents found that LP Electronics, through the
    use of Internet website
    [www.lpelectronics.safeshopper.com](http://www.lpelectronics.safeshopper.com/),
    offered for sale the following fourteen (14) non-certified Citizens
    Band Transceivers;

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

GALAXY DX 33 HML \$189.95 "6 Band Radio"

GALAXY DX 55 HML \$189.95 "6 Band Radio"

GALAXY DX 66 HML \$259.95 "Echo"

GALAXY DX 45 MP \$234.95 "Echo"

GALAXY DX 99V \$359.95 "8 Band Radio"

GALAXY 95 T \$459.95 "100 Watts"

CONNEX 3300 Confederate \$219.95 "6 Band Radio"

CONNEX 3300 American \$219.95 "6 Band Radio"

CONNEX 3300 HP \$214.95 "15 Watts HP"

RANGER RCI 2970DX \$419.95

RANGER 6900F150 \$424.95 "12 Band Radio"

RANGER RCI 2950DX \$294.95

RANGER 6300 FTB \$419.95 "12 Band Radio"

COBRA 29 NW LTD \$126.95

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.  Section 302(b) of the Act provides "No 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 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 ...."
    CB transmitters must be pursuant to Section 95.603(c) of the
    Rules.[^4] Mr. Bob Paul d.b.a. LP Electronics' offer for sale of
    these devices violates both sections.

5.  Mr. Bob Paul d.b.a. LP Electronics marketed these devices as amateur
    and/or Citizen Band transceivers. The Commission has evaluated
    radiofrequency devices similar to those listed in paragraphs 2 and 3
    and concluded that the devices at issue are not only amateur radios
    but can easily be altered for use as CB 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.[^5] The
    Commission has concluded that amateur transceivers that \"have a
    built-in capability to operate on CB frequencies and can easily be
    altered to activate that capability, such as by moving or removing a
    jumper plug or cutting a single wire" fall within the definition of
    a CB transmitter and 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).

6.  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 states: ". . .\[CB\] Transmitters with
    frequency capability for the Amateur Radio Services . . . will not
    be certificated... ."[^6] 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.

7.  Furthermore, the Commission has revised Section 2.1204(a)(5) of its
    Rules[^7] 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.**

8.  Violations of the Act and/or of the Commission's Rules may subject
    the violator to substantial monetary forfeitures,[^8] seizure of
    equipment through in rem forfeiture action, and criminal sanctions
    including imprisonment.[^9]

9.  Mr. Bob Paul d.b.a. LP Electronics may request an interview at the
    closest FCC Office, which is Federal Communications Commission, New
    York Office, 201 Varick Street, Suite 1151, New York, New York
    10014.[^10] You may contact this office by telephone, (XXX)
    XXX-XXXX, to schedule this interview, which must take place within
    fourteen (14) days of the date of this Citation. Alternatively, you
    may submit a written statement to the above address within
    fourteen (14) days of the date of this Citation. Any written
    statement should specify what actions have been taken to correct the
    violations outlined above. Please reference case number EB-05-NY-297
    when corresponding with the Commission.

10. Any statement or information provided by you may be used by the
    Commission to determine if any further enforcement action is
    required.[^11] Any knowingly or willfully false statement made in
    reply to this Citation is punishable fine or imprisonment.[^12]

11. **IT IS ORDERED** that copies of this Citation shall be sent First
    Class U.S. Mail and, Certified Mail, Return Receipt Requested, to LP
    Electronics at its address of record.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Daniel W. Noel
>
> District Director
>
> New York Office
>
> Northeast Region
>
> Enforcement Bureau

[^1]: 47 U.S.C. § 503(b)(5).

[^2]: 47 U.S.C. § 302(b).

[^3]: 47 C.F.R. § 2.803(a)(1).

[^4]: 47 C.F.R. § 95.603(c).

[^5]: See 47 C.F.R. §§ 95.603(c), 2.803.

[^6]: 47 C.F.R. § 95.655(a); *see* also FCC 88-256, 1988 WL488084
    (August 17, 1988).

[^7]: 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000.

[^8]: 47 C.F.R. § 1.80(b)(3).

[^9]: See 47 U.S.C. §§ 401, 501, 503, 510.

[^10]: 47 U.S.C. § 503(b)(5).

[^11]: See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).

[^12]: See 18 U.S.C. § 1001 *et seq*.