Federal Communications Commission DA 08-74
   January 15, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE AT (801) 437-1714
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 devices1
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 Commissions 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
  
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). 
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C.  20554
Federal Communications Commission DA 08-74
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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
  
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 id.  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 
companys 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 (Gibsons 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 Commissions 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).
Federal Communications Commission DA 08-74
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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 Commissionprior 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 
Commissions 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.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 Commissions 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 Commissions 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
445-12th 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 
Commissions staff will use all relevant material information before it, including information that you 
  
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 Commissions authority and, in any event, parties are required to comply with Commission 
orders even if they believe them to be outside the Commissions authority.  Id. at 7591.  
15 See 47 C.F.R.  1.80(b)(3).
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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 Commissions 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