**Before the**

## Federal Communications Commission

**Washington, D.C. 20554**

In the Matter of )

> )

Consumer Electronics Service, Inc. ) File No. EB-03-DT-742

)

Austintown, Ohio ) Citation No. C20043236001

CITATION

**Released: October 21, 2003**

By the Enforcement Bureau, Detroit 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 Consumer
    Electronics Service, Inc. ("Consumer Electronics") for violation of
    Section 302(b) of the Act,[^2] and Sections 2.803(a)(1) and 2.815(b)
    of the Commission's Rules ("Rules").[^3]

2.  On July 24, 2003, agents from the Detroit Office of the Federal
    Communications Commission ("FCC") inspected radio transmitting
    equipment at Consumer Electronics, 5407 Mahoning Avenue, Austintown,
    Ohio. They found two models of a Citizens Band radiofrequency
    amplifier ("linear") for sale, in violation of the FCC's marketing
    Rules. The linears were a Matco 225 Plus and Palomar TX-220B.

3.  The linear amplifiers, which you are offering to sell, are not only
    illegal to sell but also illegal to advertise for sale. 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 ......" Section
    2.815(b) of the Rules states: "... no person shall manufacture, sell
    ... any external radio frequency power amplifier or amplifier kit
    capable of operation on any frequencies between 24 and 35 MHz."

4.  Consumer Electronics is hereby warned that selling linear amplifiers
    constitutes a violation of the Federal laws cited above. **THE SALE
    OF ILLEGAL LINEAR AMPLIFIERS MUST BE DISTONTINUED IMMEDIATELY**.

5.  Subsequent violations of the Communications Act or 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,[^4] seizure of equipment through *in rem*
    forfeiture action, and criminal sanctions including
    imprisonment.[^5]

6.  You may request a personal interview at the Commission's Field
    Office nearest your place of business. The nearest office is the
    **Detroit Office, 24897 Hathaway Street, Farmington Hills, Michigan
    48335-1552**, which you can contact by telephone at XXX XXX-XXXX.
    You must schedule this interview to take place within
    twenty-one (21) days of the date of this Citation. Alternatively,
    you may submit a written statement to the above address within
    twenty-one (21) 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-03-DT-742
    when corresponding with the Detroit Office.

7.  This Citation shall be sent shall be sent First Class U.S. Mail and,
    Certified Mail, Return Receipt Requested, to Consumer Electronics
    Service, Inc., 5407 Mahoning Avenue, Austintown, Ohio 44515.

8.  The Privacy Act of 1974[^6] requires that we advise you that the
    Commission will use all relevant material information before it,
    including any information disclosed in your reply, to determine
    what, if any, enforcement action is required to ensure compliance.
    Any false statement made knowingly and willfully in reply to this
    Citation is punishable by fine or imprisonment under Title 18 of the
    U.S. Code.[^7] **Please be advised that if you choose not to respond
    to this Citation and a forfeiture is issued, your unresponsiveness
    will be considered in our assessment of a forfeiture amount**.

> FEDERAL COMMUNICATIONS COMMISSION
>
> James A. Bridgewater
>
> District Director
>
> Detroit Office

[^1]: 47 U.S.C. § 503(b)(5)

[^2]: ^?^ 47 U.S.C. § 302(b)

[^3]: ^?^ 47 C.F.R. § §2.803(a)(1) & 2.815(b)

[^4]: [S*ee*]{.underline} 47 C.F.R. § 1.80(b)(3)

[^5]: ^?^ [S*ee*]{.underline} 47 U.S.C. §§ 401, 501, 503, 510

[^6]: ^?^ P.L. 93-579, 5 U.S.C. § 552a(e)(3)

[^7]: ^?^ 18 U.S.C. § 1001 *et seq.*