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1 STOP CB Shop Fined $7,000

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  #9  
Old 05-18-2009, 12:38 PM
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in the end.. Its probably cheaper to just pay the fine, compared to hiring lawyers to fight it. I hope i'm wrong about that one though
You're not wrong about that. Lawyers are always the only ones that come out ahead.

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  #10  
Old 05-18-2009, 02:18 PM
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Originally Posted by moleculo View Post
You're not wrong about that. Lawyers are always the only ones that come out ahead.
If you win, the FCC has to pay your attorney fees under the Equal Access to Justice Act

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Old 05-18-2009, 03:33 PM
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Originally Posted by C W Morse View Post
FCC continuing to step up enforcement against CB dealers and shops that insist on selling "export" or so-called "10 Meter" radios.




Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File Number: EB-05-TP-330 Ben Metzger dba 1 Stop ) Communications / 1 Stop CB Shop NAL/Acct. No.: 200732700004 ) Titusville, Florida FRN:0015839350 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 12, 2006 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop in Titusville, Florida apparently willfully and repeatedly violated Section 302(b) of the Commissions Act of 1934, as amended ("Act"), and Section 2.803(a)(1) of the Commission's Rules ("Rules") by offering for sale non-certified Citizens Band ("CB") transceivers. We conclude, pursuant to Section 503(b) of the Act, that Mr. Metzger is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. On March 21, 2006, the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office") issued Mr. Metzger / 1 Stop Communications / 1 Stop CB Shop a Citation for marketing at his store in Titusville non-certified CB transceivers, including Connex models 3300, CX 3300HP, CX 4400HP and Galaxy models DX44 and DX88HL, in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 3. In a response dated March 31, 2006, Mr. Metzger stated that the radio models listed in the Citation were Amateur Radio Service ("ARS") radios, which do not require type acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." 4. In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested that the Citation be withdrawn, because the radios were marketed and sold as ARS radios, not CB radios. The Citation was not withdrawn. 5. On June 22, 2006, agents from the Tampa Office revisited the 1 Stop CB Shop in Titusville and observed a "40 Channel" Connex CX 3300HP amateur transceiver along with other uncertified radios in the display case. The Commission's Office of Engineering and Technology ("OET") previously tested Connex models very similar to the CX 3300HP and determined them to be non-certified CB transceivers because they could be easily modified to operate on CB frequencies. The agents inquired whether this particular Connex could operate on both CB channels and amateur bands. Mr. Metzger stated that there were easy directions on the Internet which show how to modify the radio to operate on CB frequencies. He also stated that he could easily modify the radio to operate on the CB channels for a small "tune-up" charge. The agents paid him for the radio and the "tune-up." Mr. Metzger handed them the modified Connex CX 3300HP transceiver about 15-20 minutes later and then demonstrated how to use the different toggle switches on the radio to switch from the amateur band to the different CB channels. The agents later determined that the modified Connex radio purchased from the 1 Stop CB Shop was capable of operating on frequencies from 25.615 MHz to 28.305 MHz with an output power that varied from 2.4 watts to 15 watts. III. DISCUSSION 6. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 7. Section 302(b) of the Act provides that "[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 Rules provides that "[e]xcept as provided elsewhere in this section, 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 in the case of a device subject to certification such device has been authorized by the Commission . . . ." 8. CB radio transceivers are subject to the equipment authorization procedure known as Certification and must be certified and properly labeled prior to being marketed or sold in the United States. Unlike CB radio transceivers, radio transmitting equipment that transmits solely on ARS frequencies is not subject to equipment authorization requirements prior to manufacture or marketing. However, some radio transmitters that transmit in a portion of the 10-meter band of the ARS (28.000 to 29.700 MHz) are equipped with rotary, toggle, or pushbutton switches mounted externally on the unit, which allow operation in the CB bands after completion of minor and trivial internal modifications to the equipment. To address these radios, the Commission adopted changes to the CB type acceptance requirements by defining a "CB Transmitter" as "a transmitter that operates or is intended to operate at a station authorized in the CB." Section 95.655(a) of the Rules also states that no transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not listed in Section 95.625 of the Rules (CB transmitter channel frequencies). 9. On March 21, 2006, Mr. Metzger received a Citation for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules, by offering for sale various non-certified CB transceivers, including Connex model CX 3300HP. On June 22, 2006, an agent purchased a Connex CX 3300HP from the 1 Stop CB Shop. Mr. Metzger specifically told the agent that this ARS transceiver could be easily modified to operate on CB frequencies. He also performed those modifications within 20 minutes for the agent for a small fee and demonstrated how the radio, modified by him, could be operated on CB frequencies. Accordingly, the Connex CX 3300HP sold by 1 Stop CB Shop on June 22, 2006 was a non-certified CB transceiver, i.e. an ARS transceiver that could be easily altered and was in fact modified for use on CB frequencies. OET previously tested models very similar to the Connex CX 3300HP and determined that they too were ARS transceivers that could be easily altered for use on CB frequencies. 10. Based on the evidence before us, we find that Mr. Metzger apparently willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a)(1) of the Rules by offering for sale and selling non-certified CB transceivers at the 1 Stop CB Shop, his store in Titusville, Florida. 11. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for the importation or marketing of unauthorized equipment is seven thousand dollars ($7,000). In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Metzger is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, Suite 1215, 2203 N. Lois Avenue, Tampa, FL 33607-2356, and must include the NAL/Acct. No. referenced in the caption. 16. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted. 17. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Associate Managing Director, Financial Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C. 20554. 18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop, at his address of record and to his counsel, Michael C. Olson, 4400 MacArthur Boulevard, Suite 230, Newport Beach, CA 92660. FEDERAL COMMUNICATIONS COMMISSION Ralph Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 U.S.C. S 302a(b). 47 C.F.R. S 2.803(a)(1). CB radio operation is confined to forty specified channels from 26.965 MHz to 27.405 MHz (carrier frequency). 47 U.S.C. S 503(b). 47 C.F.R. S 95.603(c). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." 47 U.S.C. S 302a(b). 47 C.F.R. S 2.803(a)(1). See 47 C.F.R. SS 2.907, 2.927(a). 47 C.F.R. S 95.603(c) [FCC 88-256], amended changing "type acceptance" to "certification" [FCC 98-58]. See also Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999) ("OGC Letter"); Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at > (OET, rel. May 13, 1996); and Love's Travel Stops, Forfeiture Order, DA 06-1936 (Enf. Bur. September 29, 2006). 47 C.F.R. S 95.655(a). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 302a(b), 503(b); 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 2.803(a)(1). See 47 C.F.R. S 1.1914. (...continued from previous page)
It say right there that these radios are not to be offered for sale and or imported into these United States of America which makes it an illegal act for any person within the territory of these United States of America to posses them.

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  #12  
Old 05-18-2009, 03:39 PM
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I heard the FCC is going to start waterboarding violaters.

Also I'm not sure if anyone noticed but this violation is 2 1/2 years old.



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Old 05-18-2009, 04:29 PM
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My you are observant/ and so is this thread.

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Old 05-18-2009, 06:14 PM
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Originally Posted by mackmobile43 View Post
My you are observant/ and so is this thread.
Hahahahahahah Evidently I'm only half observant.

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  #15  
Old 05-18-2009, 06:48 PM
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thank god all i have is my barefoot 78 uniden elite. 4 watt deadkey

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  #16  
Old 05-18-2009, 10:43 PM
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Originally Posted by mackmobile43 View Post
It say right there that these radios are not to be offered for sale and or imported into these United States of America which makes it an illegal act for any person within the territory of these United States of America to posses them.
If you read my first post, you would know that the FCC lost its lawsuit to enforce the fine. In any event, it is only the sale, not possession which is claimed to be a violation of the regulations. Government employees buy these radios for their own use, using government credit cards to buy them.

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