ENFORCEMENT: YET ANOTHER HEFTY ILLEGAL CB GEAR SALES FINE

The Federal Communications Commission has ordered Charles E. Vance III
doing business as CB Candy Electronics to pay a $14,000 monetary
forfeiture. This, for offering for sale non-certified Citizens Band
transceivers and external RF power amplifiers at his place of business
in Ontario, California. Amateur Radio Newsline's Bruce Tennant has
mo

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This is a story that will sound similar to one we reported last week
regarding the advertising and sale of non FCC certified transmitters
for 11 meters. This time around it is illegal C-B gear on a website
that is bringing a hefty monetary forfeiture.

The FCC says that Charles E. Vance III is being fined for willful and
repeated violation of Section 302(b) of the Commissions Act and
Sections 2.803(a)(1) and 2.815© of the Commission's Rules. This,
based on several pieces of non certificated radio transmitting
equipment listed for sale on his CB Candy Electronics website.

Thee FCC says that on June 28, 2005, an agent from the Enforcement
Bureau's Los Angeles Office visited the CB Candy Electronics website.
There he downloaded a sales catalog that displayed and offered for
sale multiple makes and models of non-certificated CB transceivers.
The catalog also included numerous makes and models of external radio
frequency power amplifiers. A review of the Commission's records
revealed that these devices had not received an equipment
authorization from the Commission.

On June 28, 2005, the Los Angeles Office issued a Citation to Vance
for the alleged violations. In a response dated July 21, 2005, a
lawyer for Vance disputed "all legal and factual contentions set forth
in the citation." Vance's council stated that the transceivers listed
in the Citation were legal to sell.

The FCC says that the response did not address the marketing of
external power amplifiers at all. Instead it stated the expectation
that the Citation would be withdrawn within 14 days. The Los Angeles
Office did not withdraw or otherwise cancel the Citation within the
period set forth by counsel for Vance.

Instead, on September 6, 2005, and again on February 3, 2006, an agent
from the Los Angeles Office again visited the CB Candy Electronics
website. The agent downloaded the identical catalog as found on the
website on June 28, 2005. All of the non-certified CB transceivers
and external RF power amplifiers were still being offered for sale.

On March 22, 2006, the Los Angeles Office issued a Notice of Apparent
Liability in the amount of $14,000 to Vance. Vance's legal counsel
filed a response on May 4, 2006, stating he was unable to obtain a
copy of the catalog referenced in the N-A-L from Commission staff and
argued that the refusal to provide him a copy of the catalog was a
denial of due process.

But the FCC disagreed. In affirming the fine, the regulatory agency
said that Sections 0.453 and 0.455 of the Rules detail the records
that are routinely available for public inspection at the Commission.
Unless a type of record is so listed, a request to inspect the record
must be made pursuant to the Commission's Freedom of Information Act
procedures. The FCC says that the type of investigatory records
compiled for this enforcement action are not so listed. Therefore,
Vance's counsel was required to file such a request to obtain them.
But Vance's lawyer filed no such request and, consequently, failed to
invoke the procedure mandated by the Commission to obtain such
records. Therefore the FCC find no merit to his allegation that he
was denied due process.

As to the actual violations, the FCC says that it has received no
other response from Vance to the Notice of Apparent Liability.
Consequently, based on the information before it, and having examined
it according to the statutory factors and in conjunction with the
Forfeiture Policy Statement, it finds that neither reduction nor
cancellation of the proposed $14,000 forfeiture is warranted.

For the Amateur Radio Newsline, I'm Bruce Tennant, K6PZW, in Los
Angeles.

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The $14,000 fine was affirmed on Match 14th . Vance was given the
customary 30 days to pay or to file a further appeal. (FCC)