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 Federal  Communications  Commission 
 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. 


 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) 
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 Federal  Communications  Commission 
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 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 


 4  See  47  C.  F.  R.  §  1.80(  b)(  3) 
 5  See  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. 
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