![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} January 15, 2008

**[VIA CERTIFIED MAIL]{.underline}**

**[RETURN RECEIPT REQUESTED]{.underline}**

**[AND FACSIMILE AT (801) 437-1714]{.underline}**

Mr. James Royer

President

Absolute Toy Marketing, Inc.,

d/b/a HobbyTron.com

1053 South 1675 West

Orem, UT 84058

> Re: File No. EB-07-SE-250

Dear Mr. Royer:

This is an official **CITATION**, issued pursuant to section 503(b)(5)
of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. §
503(b)(5), for marketing unauthorized radio frequency devices[^1] in the
United States in violation of section 302(b) of the Act, 47 U.S.C. §
302a(b), and section 2.803 of the Commission's rules ("rules"), 47
C.F.R. § 2.803. In addition, you have failed to respond to directives of
the Enforcement Bureau to provide certain information and documents. As
explained below, future violations of these rules may subject Absolute
Toy Marketing, Inc. to monetary forfeitures.

After receiving a complaint, the Spectrum Enforcement Division
("Division") of the Enforcement Bureau began an investigation to
determine whether HobbyTron.com was marketing unauthorized FM
transmitters in the United States. On October 12, 2007, and again on
October 18, 2007, Division personnel observed that the HobbyTron.com
website advertised the sale of assembled FM broadcast transmitters,
including models identified on the website as R-FM30B-WT, R-FM100B-WT,
and UX-150, which did not appear to hold grants of equipment
authorization from the Commission. As part of the investigation, the
Division sent a letter of inquiry ("LOI") to HobbyTron.com on October
22, 2007, requesting, *inter alia*, a copy of the grant of equipment
authorization corresponding to each model of FM transmitter marketed by
HobbyTron.com.[^2] This LOI also made note of the Notice of Apparent
Liability for Forfeiture that had previously been issued against Gibson
Tech Ed Inc., d/b/a HobbyTron.com for willful and repeated violation of
this same marketing rule.[^3]

On November 15, 2007, you responded to our LOI as President of Absolute
Toy Marketing, Inc., d/b/a HobbyTron.com ("Absolute").[^4] Your response
was not supported by an affidavit or declaration under penalty of
perjury, as directed by our LOI. You advised that Absolute became the
owner of the website HobbyTron.com at a public auction in April
2006.[^5] You stated that Absolute sells electronic kits made in Canada
by CanaKit Corporation and transmitters made in the United States by
Ramsey Electronics, Inc.[^6] You stated that some kits sold on your
website have been assembled for export, and you asserted your belief
that these items may be lawfully marketed because your customers are
required to fill out a form on which they state that they will export
the device.[^7] You stated that this export form had previously been
"provided to the FCC with no reply."[^8] You expressed your assumption
that the form was therefore acceptable.[^9] You chose not to answer
several questions that addressed the core of this investigation.
Instead, you asked that we address a new letter to you if your response
did not answer our initial questions.[^10]

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."[^11] Section
2.803(a)(1) of the rules provides:

> \[N\]o 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 § 2.925 and other
> relevant sections in this chapter.[^12]

Section 15.201(b) of the rules provides that radio frequency devices,
such as the FM transmitters at issue, are subject to certification.
Specifically, this rule provides, "intentional radiators operating under
the provisions of this part shall be certificated by the
Commission...prior to the initiation of marketing."[^13]

Absolute acknowledged that it has controlled the Hobbytron.com website
since April 2006. Our investigation confirmed that Absolute has marketed
several FM broadcast transmitters, including models identified on its
HobbyTron.com website as R-FM30B-WT, R-FM100B-WT, and UX-150, which have
not been certificated and thus are not authorized by the Commission.
Accordingly, it appears that Absolute has violated section 302(b) of the
Act and section 2.803(a) of the rules by marketing unauthorized
radiofrequency devices in the United States. Furthermore, Absolute
apparently violated Commission orders by failing to answer material
questions of the LOI and failing to support its response with an
affidavit or declaration, signed under penalty of perjury, which
responds to Enforcement Bureau directives to provide certain information
and documents.

A party may not ignore the directives in a Bureau inquiry letter.[^14]
You are again ordered, pursuant to Sections 4(i), 4(j), and 403 of the
Act, to provide the information sought by our October 22, 2007 LOI. You
must provide this information in the manner indicated therein within 20
days of the date of this citation.

**[If, after receipt of this citation, Absolute violates the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
\$11,000 for each such violation or each day of a continuing
violation]{.underline}.**[^15]

If you choose to do so, you may respond to this citation within 30 days
from the date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business, or (2)
a written statement. Your response should specify the actions that
Absolute is taking to ensure that it does not violate the Commission's
rules governing the marketing and importation of radiofrequency devices
in the future.

The nearest Commission field office is the Denver Field Office. Please
call Kevin M. Pittman at 202-418-1427 if you wish to schedule a personal
interview. You should schedule any interview to take place within 30
days of the date of this letter. You should send any written statement
within 30 days of the date of this letter to:

> Kathryn S. Berthot
>
> Chief, Spectrum Enforcement Division

Enforcement Bureau

Federal Communications Commission

445-12^th^ Street, S.W., Rm. 3-C366

Washington, D.C. 20554

Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(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.

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. § 1001.

Thank you in advance for your anticipated cooperation.

Sincerely,

Kathryn S. Berthot

> Chief, Spectrum Enforcement Division

Enforcement Bureau

Enclosure

[^1]: A "radiofrequency device" is defined as "any device which in its
    operation is capable of emitting radio frequency energy by
    radiation, conduction, or other means." 47 C.F.R. § 2.801.

[^2]: *See* Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
    Division, Enforcement Bureau, Federal Communications Commission, to
    Monique Gibson, Registered Agent, HobbyTron.com (October 22, 2007)
    ("LOI").

[^3]: *See Gibson Tech Ed., Inc.,* Notice of Apparent Liability for
    Forfeiture, 20 FCC Rcd 14438 (Enf. Bur., Spectrum Enf. Div., 2005)
    (finding Gibson Tech Ed, Inc., d/b/a HobbyTron.com apparently liable
    for marketing unauthorized FM broadcast transmitters in violation of
    47 C.F.R. § 2.803(a)), *forfeiture ordered*, 21 FCC Rcd 2915 (Enf.
    Bur., Spectrum Enf. Div., 2006), *recon. denied*, 21 FCC Rcd 9642
    (Enf. Bur. 2006) ("*Gibson Tech*").

[^4]: *See* Letter from Jim Royer, President, Absolute Toy Marketing,
    Inc., d/b/a HobbyTron.com, to Kevin M. Pittman, Spectrum Enforcement
    Division, Enforcement Bureau, Federal Communications Commission
    (November 15, 2007) ("Letter from Jim Royer, November 15, 2007").
    Though this letter is undated, the envelope shows a November 15,
    2007 postmark.

[^5]: *See* i*d*. Previously Gibson Tech Ed., Inc., d/b/a HobbyTron.com
    owned and operated the HobbyTron.com website.

[^6]: *See id*.; *see also* *Ramsey Electronics, Inc.*, Notice of
    Apparent Liability for Forfeiture, 21 FCC Rcd 458 (Enf. Bur. 2006)
    (issuing a Notice of Apparent Liability against the manufacturer for
    its marketing of unauthorized FM transmitter models FM35WT and
    FM100BWT).

[^7]: *See* Letter from Jim Royer, November 15, 2007.

[^8]: *Id.* A sample of the form to which you refer was first obtained
    by Division personnel during the 2004 investigation of Gibson Tech
    Ed., Inc., d/b/a HobbyTron.com for the identical violation of 47
    C.F.R. § 2.803(a). In fact, on two occasions during the 2004
    enforcement action, the Commission expressly stated the effect of
    this form on the company's liability. *See Gibson Tech*, 21 FCC Rcd
    at 9644 ("Accordingly, the 'export agreement' Gibson asks its
    customers to sign does not relieve Gibson of liability for marketing
    unlicensed transmitters."); 20 FCC Rcd at 14440 ¶ 8 ("Gibson's use
    of the 'FM Transmitter Certification Form' appears to be an attempt
    to circumvent the prohibition on marketing of unapproved radio
    frequency devices such as the R-FM25B-WT and R-FM100B-WT.").

[^9]: *See* Letter from Jim Royer, November 15, 2007. The Commission
    also previously addressed your assumption. *See* *Gibson Tech*, 21
    FCC Rcd at 9644 n.22 ("To the extent that Gibson suggests the
    Commission acquiesced in this attempt to circumvent the Commission's
    rules, we note that the Commission is not required to develop
    corporate plans for Rule compliance by individual retail outlets.")
    (citations omitted). Our records indicate your familiarity with the
    2004 investigation of Gibson Tech Ed., Inc. due to your involvement
    on their behalf. *See* Letter from Jim Royer to Brian Butler,
    Spectrum Enforcement Division, Enforcement Bureau, Federal
    Communications Commission (June 22, 2004).

[^10]: *See* Letter from Jim Royer, November 15, 2007.

[^11]: 47 U.S.C. § 302a(b).

[^12]: 47 C.F.R. § 2.803(a)(1).

[^13]: 47 C.F.R. § 15.201(b).

[^14]: *See, e.g.,* *SBC Communications, Inc.,* Forfeiture Order, 17 FCC
    Rcd 7589, 7591 (2002). In *SBC Communications, Inc.*, the Commission
    imposed a \$100,000 forfeiture against a carrier for its willful
    refusal to supply a sworn declaration in response to an Enforcement
    Bureau letter of inquiry. The Commission stated, "\[T\]he order here
    was squarely within the Commission's authority and, in any event,
    parties are required to comply with Commission orders even if they
    believe them to be outside the Commission's authority." *Id.* at
    7591.

[^15]: *See* 47 C.F.R. § 1.80(b)(3).