August 15, 2003


Mr. Randi W. Owen
902 W Veterans Street
Tomah, WI 54660


Amateur license N9UOM Application for Renewal;
Non-Certified Radio Equipment Marketing Case #2002-312
I was just wondering--hasn't this guy been cited before. No biggie, just
curious.





Jerry





Dear Mr. Owen:


Your application for renewal of your Amateur Radio license, filed July 14,
2003, has been forwarded to this office for review.


On June 18, 2002 the Commission notified you that it appeared, based on
Internet Web site www.tomah.com/n9uom/magnum.htm that through Roper
Electronics you are marketing non-certified CB transceivers (such as the
Connex model 3900) and non-certified HF linear amplifiers in violation of
the Communications Act of 1934, as amended, and Commission rules.
Information before the Commission indicates that you are the owner of Roper
Electronics.


The June 2002 letter advised you that Section 302(b) of the Communications
Act provides that "[n]o person shall manufacture, sell, import, 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 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..."

We requested information regarding the marketing of such devices from you
pursuant to Section 308(b) of the Communications Act of 1934, as amended,
and advised you that violations of the Communications Act or the
Commission's rules may subject you to monetary forfeiture of up to $11,000
for each such violation or each day of continuing violation, seizure of
equipment through in rem forfeiture action, and criminal sanctions including
imprisonment. Finally, the June letter notified you that the Commission may
refer for criminal prosecution any violation of its equipment certification
prohibitions; and it will initiate enforcement action against your Amateur
license, including revocation and suspension as well as monetary forfeiture.
Your response to that letter was unspecific as to what actions you were
taking to make certain that you were in compliance with our marketing rules.


In order to determine what action to take on your application, we need more
information regarding the types of equipment you may be marketing and the
certification numbers of any devices required to be certified. In accordance
with Section 308(b) of the Communications Act, you are requested to furnish
this information within 20 days. Failure to respond will result in the
dismissal of your application. We are required to advise you that a
willfully false or misleading response to a letter of this type has been
made punishable by Congress.


CC: FCC Northeast Regional Director