Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-07-SF-245
Red Monkey Electronics )
) Citation No.: C20073296030
Fresno, California 93722 )
CITATION
Released: September 25, 2007
By the District Director, San Francisco District Office, Western Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Red Monkey
Electronics for violation of Section 302(b) of the Act and Section
2.803(a)(1) of the Commission's Rules.
2. Investigation by the Enforcement Bureau's San Francisco Office
revealed that on August 30, 2007, Red Monkey Electronics offered for
sale non-certified Citizens Band ("CB") transceivers, namely, Galaxy
Model DX44V and Ranger Model RCI-2970. According to the Commission's
records, these devices have not received a FCC equipment authorization
which is required for Citizens Band transmitters marketed in the
United States.
3. Section 302(b) of the Act states "No 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 "...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..." Red Monkey Electronics' offer for
sale of these devices violates both sections.
4. Dual use CB and amateur radios of the kind at issue here may not be
certificated under the Commission's rules.
5. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
6. Red Monkey Electronics may request an interview at the closest FCC
Office, which is Federal Communications Commission, 5653 Stoneridge
Dr., Ste 105, Pleasanton, CA 94588-8543. You may contact this office
by telephone, (XXX) XXXX-XXXX to schedule this interview, which must
take place within 14 days of this Citation. Red Monkey Electronics may
also submit a written statement to the above address within 14 days of
the date of this Citation. Any written statements should specify what
actions have been taken to correct the violation outlined above.
Please reference file number EB-07-SF-245 when corresponding with the
Commission.
7. Any statement or information provided by you 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 Citation
is punishable by fine or imprisonment.
8. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Red
Monkey Electronics at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director, San Francisco District Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302(b)
47 C.F.R. S: 2.803(a)(1).
Section 95.655(a) of the Rules, 47 C.F.R. S: 95.655(a), states: "[CB]
Transmitters with frequency capability for the Amateur Radio
Services....will not be certificated." See also Amendment of the Part 95,
Subpart E, Technical Regulations in the Personal Radio Services Rules, 3
FCC Rcd 5032 (1988).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-07-SF-245
Red Monkey Electronics )
) Citation No.: C20073296030
Fresno, California 93722 )
CITATION
Released: September 25, 2007
By the District Director, San Francisco District Office, Western Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Red Monkey
Electronics for violation of Section 302(b) of the Act and Section
2.803(a)(1) of the Commission's Rules.
2. Investigation by the Enforcement Bureau's San Francisco Office
revealed that on August 30, 2007, Red Monkey Electronics offered for
sale non-certified Citizens Band ("CB") transceivers, namely, Galaxy
Model DX44V and Ranger Model RCI-2970. According to the Commission's
records, these devices have not received a FCC equipment authorization
which is required for Citizens Band transmitters marketed in the
United States.
3. Section 302(b) of the Act states "No 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 "...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..." Red Monkey Electronics' offer for
sale of these devices violates both sections.
4. Dual use CB and amateur radios of the kind at issue here may not be
certificated under the Commission's rules.
5. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
6. Red Monkey Electronics may request an interview at the closest FCC
Office, which is Federal Communications Commission, 5653 Stoneridge
Dr., Ste 105, Pleasanton, CA 94588-8543. You may contact this office
by telephone, (XXX) XXXX-XXXX to schedule this interview, which must
take place within 14 days of this Citation. Red Monkey Electronics may
also submit a written statement to the above address within 14 days of
the date of this Citation. Any written statements should specify what
actions have been taken to correct the violation outlined above.
Please reference file number EB-07-SF-245 when corresponding with the
Commission.
7. Any statement or information provided by you 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 Citation
is punishable by fine or imprisonment.
8. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Red
Monkey Electronics at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director, San Francisco District Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302(b)
47 C.F.R. S: 2.803(a)(1).
Section 95.655(a) of the Rules, 47 C.F.R. S: 95.655(a), states: "[CB]
Transmitters with frequency capability for the Amateur Radio
Services....will not be certificated." See also Amendment of the Part 95,
Subpart E, Technical Regulations in the Personal Radio Services Rules, 3
FCC Rcd 5032 (1988).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission
10 meter hams vs 11 meter cbers can't we all just get along :twisted: