The FCC has finally closed the "export" radio loophole and has made its first
bust. The case is still pending. Read section 6 of the citation carefully.
Could this be the end?
Bandit
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Mr. David P. Pace, Jr. d.b.a. File No.: EB-03-
DL-143
Pacetronics Sent via
Certified
Pace Marketing Return Receipt
Requested
531-C East Main Street and First Class
U.S. Mail
Nacogdoches, TX 75963
CITATION
Released: July 7, 2003
By the Enforcement Bureau, Dallas 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 Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing for
violation of Section 302(b) of the Act,2 and Section 2.803(a)(1) of
the Commission's Rules.3
2. An investigation by the FCC's Dallas Office revealed that the
Internet domain name PACERADIOS.COM is registered to Pace
Marketing, David Pace, P.O. Box 631207, Nacogdoches, TX 75963 with
Pace Marketing, David Pace listed as the administrative contact.
Furthermore, on June 30, 2003, Mr. David P. Pace, Jr. d.b.a.
Pacetronics / Pace Marketing through its Internet site(s)
www.paceradios.com (with an addresses listed on the site as Pace
Marketing, 531-C East Main St, Nacogdoches, TX 75961 and Pace
Marketing, P.O. Box 631207, Nacogdoches, TX 75961) offered for
sale, the following thirty seven (37) non-certified Citizens Band
transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 4800 DXL $289.99 12 Bands of 40 Channels
Connex 4400 High Power $219.99 8 Bands
of 40 Channels
Connex 3300 High Power $199.99 Range
25.615 - 28.305
Connex 3300 $179.99 Range 25.615 - 28.305
Connex Patriot $199.99 Range 25.615 - 28.305
Connex Deer Hunter $139.99 Can be converted to
operate on 120 Chan.
Connex 3300 LE $179.99 Range 25.615 - 28.305
Connex 3300 HP LE $199.99 Range 25.615 - 28.305
Connex 3300 Coyote Hunter $169.99 . . . CB
band, with . . . 120 channels below
Galaxy DX99V $329.99 Robot Talk, Voice Changer
Galaxy DX 93T $429.99 Echo with dual controls
Galaxy DX88HL $314.99 Dual-Control Echo,
Talkback
Galaxy DX77HML $219.99 6 bands of 40Ch.
Galaxy DX66V $234.99 Dual Control Echo,
Talkback
Galaxy DX55V $164.99 equipped as an ideal
multi-band radio
NAME MODEL PRICE DESCRIPTION
Galaxy 48T $369.99 Deluxe Export Radio
Galaxy DX45-MP $249.99 Export Radios
Galaxy DX44V $189.99 Dual control echo/reverb
Galaxy DX33HML $159.99 dual control echo/reverb,
Talkback
General Lee $199.99 6 Bands of 40 Channels
General A.P. Hill $169.99 6 Bands of 40 Channels
General Grant $399.99 12 Bands of 40 Channels
? ? ?
General Longstreet $229.99 6 Bands of 40 Channels
Magnum 257 $179.99 10 bands of channels
Ranger 6900F-25 $289.99 . . . 12-band segments
Ranger 6900F-150 $409.99 . . . 24.2650 - 29.6650
MHz
Ranger 6900FTB-refurbished $369.99 Export
Radios
Ranger 6300F-25 $269.99 . . . 12-band segments
Ranger 6300F-150 $389.99 Export Radios
Ranger 2995DX $549.99 Export Base Station
Ranger 2985DX $439.99 Export Base Station
Ranger 2980WX $409.99 Export Base Station
Ranger 2970DX $399.99 Export Radios
Ranger 2950DX $269.99 Export Radios
Superstar 3900HP-Gold $239.99 6 Bands 240 Channels
Superstar Grant $179.99 120 Channels
Superstar 121 $129.99 CB features...with...Upper
and Lower Freq
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. Section 302(b) of the Act2 provides ``[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.''
Section 2.803(a)(1) of the Rules3 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 ....'' Mr. David P. Pace, Jr.
d.b.a. Pacetronics / Pace Marketing's offer for sale of these
devices violates both sections.
4. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing
marketed these devices as amateur transceivers. The Commission has
evaluated radiofrequency devices similar to those listed in
paragraph 2 and concluded that the devices at issue are not only
amateur radios but can easily be altered for use as Citizens Band
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.4 The Commission has further concluded that these
devices fall within the definition of a CB transmitter and
therefore 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).
5. 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 rules5 states: ``. . . . ([CB]
Transmitters with frequency capability for the Amateur Radio
Services . . . . will not be certificated.)'' See also FCC 88-256,
1988 WL 488084 (August 17, 1988). 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.
6. Furthermore, the Commission has revised Section 2.1204(a)(5)
of its rules6 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.
7. In addition to the marketing of the non-certified transceivers
addressed above, Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace
Marketing is warned that Section 302(b) of the Act2, and Section
2.815(c) of the Commission's Rules7 requires FCC Type Acceptance
(or Certification) of External Radio Frequency Power Amplifiers (or
amplifier kits) capable of operation on any frequency or
frequencies below 144 MHz. Furthermore, Section 2.815(b) of the
Commission's Rules8 prohibits the marketing of External Radio
Frequency Power Amplifiers (or amplifier kits) capable of operation
on any frequency or frequencies between 24 and 35 MHz.
8. Subsequent violations of the Communications Act and/or of 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,9 seizure of equipment through in rem
forfeiture action, and criminal sanctions including imprisonment.10
9. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing may
request a personal interview at the closest FCC location to its
place of business,11 namely:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
which can be contacted by telephone at 214-575-6361. They must
schedule this interview to take place within 14 days of the date of
this citation. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace
Marketing may submit a written statement within 14 days of the date
of this Citation to the same address. Any written statement should
specify what actions have been taken to correct the violation
outlined above. When corresponding with the Commission, case
number EB-03-DL-143 should be referenced.
10. Any statement or information provided may be used by the
Commission to determine if further enforcement action is
required.12 Any knowingly or willfully false statement made in
reply to this notice is punishable by fine or imprisonment.13
FEDERAL COMMUNICATIONS
COMMISSION
James D. Wells
District Director - Dallas
Office
LRB
Cc:Mr. David P. Pace, Jr. d.b.a.
Pacetronics
Pace Marketing
P.O. Box 631207
Nacogdoches, TX 75963
_________________________
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.603(c) & 2.803
5 47 C.F.R. § 95.655(a)
6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000
7 47 C.F.R. § 2.815(c)
8 47 C.F.R. § 2.815(b)
9 See 47 C.F.R. § 1.80(b)(3)
10 See 47 U.S.C. §§ 401, 501, 503, 510
11 See 47 U.S.C. § 503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
13 See 18 U.S.C. §1001