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#1
February 2nd 04, 02:10 AM
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I knew this one was coming!
Posted: Feb. 01 2004,15:26 From ARRL.net........... ---------------------------------------------------------------------------- ---- Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Mr. Jonathan Edward Stone d.b.a. File No.: EB-03-DL-253 Omnitronics Citation: C200432500001 Pacetronics Sent via Certified P.O. Box 42 Return Receipt Requested Clayton, TX 75637 and First Class U.S. Mail CITATION Released: January 7, 2004 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"), to Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics for violation of Section 302(b) of the Act, and Section 2.803(a)(1) of the Commission's Rules. 2. An investigation by the FCC's Dallas Office revealed that on December18, 2003, Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics through the Internet site(s) www.pacetronics.com (with an address listed on the site as Omnitronics, P.O. Box 42, Clayton, TX 75637) offered for sale, the following thirty (30) non-certified Citizens Band transceivers: NAME MODEL PRICE DESCRIPTION Connex 3300 $179.99 Item #: 736 Connex 3300 High Power $199.99 Item #: 737 Connex 4400 High Power $219.99 Item #: 738 Connex 4800 DXL-E $289.99 Item #: 739 Galaxy DX33HML $159.99 Item #: 744 Galaxy DX44V $189.99 Item #: 745 Galaxy 48T $369.99 clearance Galaxy DX55V $164.99 Item #: 746 Galaxy DX66V $234.99 Item #: 747 Galaxy DX77HML $219.99 Item #: 749 Galaxy DX88HL $314.99 Item #: 750 Galaxy DX99V $339.99 Item #: 753 NAME MODEL PRICE DESCRIPTION General Lee $194.99 Item #: 788 General A.P. Hill $169.99 Item #: 787 General Grant $399.99 Item #: 786 General Longstreet $229.99 Item #: 789 General Sherman $139.99 Item #: 790 Ranger 2950DX $269.99 Item #: 780 Ranger 2970DX $399.99 Item #: 776 Ranger 2980WX $409.99 Item #: 777 Ranger 2985DX $439.99 Item #: 778 Ranger 2995DX $549.99 Item #: 779 Ranger 6300F-25 $269.99 Item #: 781 Ranger 6300F-150 $399.99 Item #: 782 Ranger 6900F-25 $289.99 Item #: 783 Ranger 6900F-150 $429.99 Item #: 784 Superstar 3900 American Spirit $169.99 clearance Superstar 3900HP $169.99 Item #: 795 Superstar 121 $129.99 Item #: 794 Superstar 122 $69.99 clearance 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. Jonathan Edward Stone's (d.b.a. Omnitronics / Pacetronics) offer for sale of these devices violates both sections. 4. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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. 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 rules 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 rules 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. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics is warned that Section 302(b) of the Act2, and Section 2.815© of the Commission's Rules 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 Rules 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, seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment. 9. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics may request a personal interview at the closest FCC location to its place of business, namely: Federal Communications Commission 9330 LBJ Freeway, Suite 1170 Dallas, Texas 75243-3470 which can be contacted by telephone at 214-575-6361. He must schedule this interview to take place within 14 days of the date of this citation. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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(s) outlined above. When corresponding with the Commission, case number EB-03-DL-253 should be referenced. 10. Any statement or information provided may be used by the Commission to determine if further enforcement action is required. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. Jonathan Edward Stone d.b.a. Omnitronics Pacetronics 4430 State Hwy 315 Carthage, TX 75633 |
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#2
February 4th 04, 06:54 PM
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Courtesy of your friends, the AKC
"Jerry" wrote in message .. . Posted: Feb. 01 2004,15:26 From ARRL.net........... ---------------------------------------------------------------------------- ---- Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Mr. Jonathan Edward Stone d.b.a. File No.: EB-03-DL-253 Omnitronics Citation: C200432500001 Pacetronics Sent via Certified P.O. Box 42 Return Receipt Requested Clayton, TX 75637 and First Class U.S. Mail CITATION Released: January 7, 2004 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"), to Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics for violation of Section 302(b) of the Act, and Section 2.803(a)(1) of the Commission's Rules. 2. An investigation by the FCC's Dallas Office revealed that on December18, 2003, Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics through the Internet site(s) www.pacetronics.com (with an address listed on the site as Omnitronics, P.O. Box 42, Clayton, TX 75637) offered for sale, the following thirty (30) non-certified Citizens Band transceivers: NAME MODEL PRICE DESCRIPTION Connex 3300 $179.99 Item #: 736 Connex 3300 High Power $199.99 Item #: 737 Connex 4400 High Power $219.99 Item #: 738 Connex 4800 DXL-E $289.99 Item #: 739 Galaxy DX33HML $159.99 Item #: 744 Galaxy DX44V $189.99 Item #: 745 Galaxy 48T $369.99 clearance Galaxy DX55V $164.99 Item #: 746 Galaxy DX66V $234.99 Item #: 747 Galaxy DX77HML $219.99 Item #: 749 Galaxy DX88HL $314.99 Item #: 750 Galaxy DX99V $339.99 Item #: 753 NAME MODEL PRICE DESCRIPTION General Lee $194.99 Item #: 788 General A.P. Hill $169.99 Item #: 787 General Grant $399.99 Item #: 786 General Longstreet $229.99 Item #: 789 General Sherman $139.99 Item #: 790 Ranger 2950DX $269.99 Item #: 780 Ranger 2970DX $399.99 Item #: 776 Ranger 2980WX $409.99 Item #: 777 Ranger 2985DX $439.99 Item #: 778 Ranger 2995DX $549.99 Item #: 779 Ranger 6300F-25 $269.99 Item #: 781 Ranger 6300F-150 $399.99 Item #: 782 Ranger 6900F-25 $289.99 Item #: 783 Ranger 6900F-150 $429.99 Item #: 784 Superstar 3900 American Spirit $169.99 clearance Superstar 3900HP $169.99 Item #: 795 Superstar 121 $129.99 Item #: 794 Superstar 122 $69.99 clearance 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. Jonathan Edward Stone's (d.b.a. Omnitronics / Pacetronics) offer for sale of these devices violates both sections. 4. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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. 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 rules 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 rules 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. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics is warned that Section 302(b) of the Act2, and Section 2.815© of the Commission's Rules 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 Rules 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, seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment. 9. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics may request a personal interview at the closest FCC location to its place of business, namely: Federal Communications Commission 9330 LBJ Freeway, Suite 1170 Dallas, Texas 75243-3470 which can be contacted by telephone at 214-575-6361. He must schedule this interview to take place within 14 days of the date of this citation. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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(s) outlined above. When corresponding with the Commission, case number EB-03-DL-253 should be referenced. 10. Any statement or information provided may be used by the Commission to determine if further enforcement action is required. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. Jonathan Edward Stone d.b.a. Omnitronics Pacetronics 4430 State Hwy 315 Carthage, TX 75633 |
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#3
February 4th 04, 07:19 PM
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Refusing service...haw haw haw...the fags are
crying...quaking...praying for it to go away. "Jerry" wrote in message .. . Posted: Feb. 01 2004,15:26 From ARRL.net........... ---------------------------------------------------------------------------- ---- Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Mr. Jonathan Edward Stone d.b.a. File No.: EB-03-DL-253 Omnitronics Citation: C200432500001 Pacetronics Sent via Certified P.O. Box 42 Return Receipt Requested Clayton, TX 75637 and First Class U.S. Mail CITATION Released: January 7, 2004 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"), to Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics for violation of Section 302(b) of the Act, and Section 2.803(a)(1) of the Commission's Rules. 2. An investigation by the FCC's Dallas Office revealed that on December18, 2003, Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics through the Internet site(s) www.pacetronics.com (with an address listed on the site as Omnitronics, P.O. Box 42, Clayton, TX 75637) offered for sale, the following thirty (30) non-certified Citizens Band transceivers: NAME MODEL PRICE DESCRIPTION Connex 3300 $179.99 Item #: 736 Connex 3300 High Power $199.99 Item #: 737 Connex 4400 High Power $219.99 Item #: 738 Connex 4800 DXL-E $289.99 Item #: 739 Galaxy DX33HML $159.99 Item #: 744 Galaxy DX44V $189.99 Item #: 745 Galaxy 48T $369.99 clearance Galaxy DX55V $164.99 Item #: 746 Galaxy DX66V $234.99 Item #: 747 Galaxy DX77HML $219.99 Item #: 749 Galaxy DX88HL $314.99 Item #: 750 Galaxy DX99V $339.99 Item #: 753 NAME MODEL PRICE DESCRIPTION General Lee $194.99 Item #: 788 General A.P. Hill $169.99 Item #: 787 General Grant $399.99 Item #: 786 General Longstreet $229.99 Item #: 789 General Sherman $139.99 Item #: 790 Ranger 2950DX $269.99 Item #: 780 Ranger 2970DX $399.99 Item #: 776 Ranger 2980WX $409.99 Item #: 777 Ranger 2985DX $439.99 Item #: 778 Ranger 2995DX $549.99 Item #: 779 Ranger 6300F-25 $269.99 Item #: 781 Ranger 6300F-150 $399.99 Item #: 782 Ranger 6900F-25 $289.99 Item #: 783 Ranger 6900F-150 $429.99 Item #: 784 Superstar 3900 American Spirit $169.99 clearance Superstar 3900HP $169.99 Item #: 795 Superstar 121 $129.99 Item #: 794 Superstar 122 $69.99 clearance 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. Jonathan Edward Stone's (d.b.a. Omnitronics / Pacetronics) offer for sale of these devices violates both sections. 4. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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. 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 rules 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 rules 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. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics is warned that Section 302(b) of the Act2, and Section 2.815© of the Commission's Rules 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 Rules 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, seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment. 9. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics may request a personal interview at the closest FCC location to its place of business, namely: Federal Communications Commission 9330 LBJ Freeway, Suite 1170 Dallas, Texas 75243-3470 which can be contacted by telephone at 214-575-6361. He must schedule this interview to take place within 14 days of the date of this citation. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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(s) outlined above. When corresponding with the Commission, case number EB-03-DL-253 should be referenced. 10. Any statement or information provided may be used by the Commission to determine if further enforcement action is required. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. Jonathan Edward Stone d.b.a. Omnitronics Pacetronics 4430 State Hwy 315 Carthage, TX 75633 |
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#5
February 5th 04, 04:52 PM
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(gw) wrote in message . com...
(PACETRONIC SLAPPA!) wrote in message . com... Refusing service...haw haw haw...the fags are crying...quaking...praying for it to go away. "Jerry" wrote in message .. . Posted: Feb. 01 2004,15:26 From ARRL.net........... ---------------------------------------------------------------------------- ---- Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Mr. Jonathan Edward Stone d.b.a. File No.: EB-03-DL-253 Omnitronics Citation: C200432500001 Pacetronics Sent via Certified P.O. Box 42 Return Receipt Requested Clayton, TX 75637 and First Class U.S. Mail CITATION Released: January 7, 2004 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"), to Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics for violation of Section 302(b) of the Act, and Section 2.803(a)(1) of the Commission's Rules. 2. An investigation by the FCC's Dallas Office revealed that on December18, 2003, Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics through the Internet site(s) www.pacetronics.com (with an address listed on the site as Omnitronics, P.O. Box 42, Clayton, TX 75637) offered for sale, the following thirty (30) non-certified Citizens Band transceivers: NAME MODEL PRICE DESCRIPTION Connex 3300 $179.99 Item #: 736 Connex 3300 High Power $199.99 Item #: 737 Connex 4400 High Power $219.99 Item #: 738 Connex 4800 DXL-E $289.99 Item #: 739 Galaxy DX33HML $159.99 Item #: 744 Galaxy DX44V $189.99 Item #: 745 Galaxy 48T $369.99 clearance Galaxy DX55V $164.99 Item #: 746 Galaxy DX66V $234.99 Item #: 747 Galaxy DX77HML $219.99 Item #: 749 Galaxy DX88HL $314.99 Item #: 750 Galaxy DX99V $339.99 Item #: 753 NAME MODEL PRICE DESCRIPTION General Lee $194.99 Item #: 788 General A.P. Hill $169.99 Item #: 787 General Grant $399.99 Item #: 786 General Longstreet $229.99 Item #: 789 General Sherman $139.99 Item #: 790 Ranger 2950DX $269.99 Item #: 780 Ranger 2970DX $399.99 Item #: 776 Ranger 2980WX $409.99 Item #: 777 Ranger 2985DX $439.99 Item #: 778 Ranger 2995DX $549.99 Item #: 779 Ranger 6300F-25 $269.99 Item #: 781 Ranger 6300F-150 $399.99 Item #: 782 Ranger 6900F-25 $289.99 Item #: 783 Ranger 6900F-150 $429.99 Item #: 784 Superstar 3900 American Spirit $169.99 clearance Superstar 3900HP $169.99 Item #: 795 Superstar 121 $129.99 Item #: 794 Superstar 122 $69.99 clearance 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. Jonathan Edward Stone's (d.b.a. Omnitronics / Pacetronics) offer for sale of these devices violates both sections. 4. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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. 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 rules 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 rules 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. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics is warned that Section 302(b) of the Act2, and Section 2.815© of the Commission's Rules 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 Rules 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, seizure of equipment through in rem forfeiture action, and criminal sanctions including imprisonment. 9. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics may request a personal interview at the closest FCC location to its place of business, namely: Federal Communications Commission 9330 LBJ Freeway, Suite 1170 Dallas, Texas 75243-3470 which can be contacted by telephone at 214-575-6361. He must schedule this interview to take place within 14 days of the date of this citation. Mr. Jonathan Edward Stone d.b.a. Omnitronics / Pacetronics 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(s) outlined above. When corresponding with the Commission, case number EB-03-DL-253 should be referenced. 10. Any statement or information provided may be used by the Commission to determine if further enforcement action is required. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. Jonathan Edward Stone d.b.a. Omnitronics Pacetronics 4430 State Hwy 315 Carthage, TX 75633 stone is going to end of in the federal lockup courtesy of the akc...AKC4L......... You aint AKC unless we say you are, **** off you cum eating cowardly piece of worthless human garbage. |
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#6
February 5th 04, 05:19 PM
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(PACETRONIC SLAPPA!) wrote:
(gw) wrote in message stone is going to end of in the federal lockup courtesy of the akc...AKC4L......... You aint AKC unless we say you are, **** off you cum eating cowardly piece of worthless human garbage. Trouble with his new membership!? -- Flyin' Ryan Newman http://www.ryan12newman.com/carspecs.htm |
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#7
February 5th 04, 06:23 PM
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#8
February 5th 04, 06:39 PM
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(No No Not George) wrote in
om: (PACETRONIC SLAPPA!) Date: Thu, Feb 5, 2004 8:52 AM Message-id: (gw) wrote in message e.com... stone is going to end of in the federal lockup courtesy of the akc...AKC4L......... You aint AKC unless we say you are, **** off you cum eating cowardly piece of worthless human garbage. Doug, this here GW fella swore the AKC pledge last week and frankly since you took so many official vacations as is your right as Grand Poobah of the AKC we need him on our team to fight the bad guys or bad gays as it were so chill out and get with the program. N8 says, new pledges must do 2 weeks of glory hole duty to be considered for initiation.. |
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#9
February 5th 04, 10:41 PM
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(No No Not George) wrote:
(PACETRONIC SLAPPA!) Date: Thu, Feb 5, 2004 8:52 AM Message-id: (gw) wrote in message .com... stone is going to end of in the federal lockup courtesy of the akc...AKC4L......... You aint AKC unless we say you are, **** off you cum eating cowardly piece of worthless human garbage. Doug, this here GW fella swore the AKC pledge last week and frankly since you took so many official vacations as is your right as Grand Poobah of the AKC we need him on our team to fight the bad guys or bad gays as it were so chill out and get with the program. Are you code, or no code? -- Flyin' Ryan Newman http://www.ryan12newman.com/carspecs.htm |
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#10
February 5th 04, 11:39 PM
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Steveo wrote:
(PACETRONIC SLAPPA!) wrote: (gw) wrote in message stone is going to end of in the federal lockup courtesy of the akc...AKC4L......... You aint AKC unless we say you are, **** off you cum eating cowardly piece of worthless human garbage. Trouble with his new membership!? Geo has already ok'd him as akc, is that a conflict of interest? -- Flyin' Ryan Newman http://www.ryan12newman.com/carspecs.htm |
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