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Thomas Wilson dba Redman CB Stop

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Released: March 5, 2014

Federal Communications Commission

DA 14-301

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)


Thomas Wilson DBA
)
File No.: EB-FIELDNER-13-00011682
Redman CB Stop
)
Citation No.: C201432400001
www.redmancb.com
)
)

Absecon, New Jersey
)
)

CITATION

Illegal Marketing of Unauthorized Radio Frequency Devices

Adopted:

March 5, 2014

Released:

March 5, 2014
By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:

I.

INTRODUCTION

1. This is an official

CITATION

(Citation) issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended (Communications Act or Act),1 to Thomas Wilson dba Redman
CB Stop (Redman CB Stop). Specifically, Redman CB Stop is being cited for marketing to consumers in the
United States unauthorized radio frequency devices in violation of Section 302(b) of the Act,2 and Sections
2.803, and 2.815(b) of the Commission’s rules (Rules).3
2.
Notice of Duty to Comply With Laws: Redman CB Stop should take immediate steps to
discontinue the marketing of unauthorized radio frequency devices, and to avoid any recurrence of the
misconduct described herein. Redman CB Stop is hereby on notice that if it subsequently engages in any
conduct of the type described in this Citation, including any violation of Section 302(b) of the Act or
Sections 2.803, and 2.815(b) of the Rules, it may be subject to civil and criminal penalties, including but not
limited to substantial monetary fines (forfeitures) and seizure of equipment. Such forfeitures may be based
on both the conduct that led to this Citation and the conduct following it.4


1 47 U.S.C. § 503(b)(5).
2 47 U.S.C. § 302a(b).
3 47 C.F.R. §§ 2.803, 2.815(b).
4 See 47 U.S.C § 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st Sess. at 9 (1977) (If a person or entity that
has been issued a citation by the Commission thereafter engages in the conduct for which the citation of violation was
sent, the subsequent notice of apparent liability “would attach not only for the conduct occurring subsequently but also
for the conduct for which the citation was originally sent
.”) (emphasis added).

Federal Communications Commission

DA 14-301

II.

BACKGROUND

3. Redman CB Stop is an online retailer of Citizen Band (CB) and Amateur Radio Service (ARS)
radios, linear amplifiers, and radio accessories at www.redmancb.com (Redman CB Website). On October
15, 2013, and October 17, 2013, in response to a complaint, an agent with the Enforcement Bureau’s
Philadelphia Office (Philadelphia Office) browsed the Redman CB Website and observed for sale 16 makes
and models of non-certified RF power amplifiers capable of operation with both CB 11 meter transceivers and
ARS 10 meter transceivers.5 Examples of the non-certified RF amplifiers observed on the Redman CB
Website included the Fatboy 900 Mobile Amplifier, Zombie Products 500 Watt ERP Linear Amplifier 2290
Driver, and the Palomar FET 450 HD Export Ham Radio Mosfet Linear Amplifier. According to
Commission records, these devices have not received an FCC grant of certification, which is required for
external radio frequency power amplifiers operating on frequencies below 144 MHz and marketed in the
United States.6 In addition, Section 2.815(b)(1) of the Rules prohibits persons from offering for sale any
external radio frequency power amplifier that is capable of amplification in the CB Band, i.e., between 26 MHz
and 28 MHz.7

III.

APPLICABLE LAW AND VIOLATIONS

4. Federal law requires that radio frequency devices must be certified in accordance with the
Commission’s technical standards before they can be marketed in the United States.8 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.”9
5. The applicable implementing regulations for Section 302(b) are set forth, inter alia, in Sections
2.803 and 2.815 of the Rules.10 Section 2.803 of the Rules provides, in relevant part, that:
(a) Marketing, as used in this section, includes sale or lease, or offering for sale or lease,
including advertising for sale or lease, or importation, shipment, or distribution for the
purpose of selling or leasing or offering for sale or lease.
(b) General rule. No person may market a radio frequency device unless: (1) For devices
subject to authorization under certification, the device has been authorized in accordance
with the rules in subpart J of this chapter and is properly identified and labeled as required
by § 2.925 and other relevant sections in this chapter; or (2) For devices subject to
authorization under verification or Declaration of Conformity in accordance with the rules in
subpart J of this chapter, the device complies with all applicable technical, labeling,


5 The 10 meter band is 28.0-29.7 MHz. See 47 C.F.R. § 97.301. The 11 meter band is 26.965-27.405 MHz. See 47
C.F.R. § 95.407.
6 See 47 C.F.R. § 2.815(b).
7 47 C.F.R. § 2.815(b)(2).
8 See, e.g., Revision of Part 2 of the Commission’s Rules Relating to the Marketing and Authorization of Radio
Frequency Devices
, Report and Order, 12 FCC Rcd 4533 (1997).
9 47 U.S.C. § 302a(b).
10 47 C.F.R. §§ 2.803, 15.3(o).
2

Federal Communications Commission

DA 14-301

identification and administrative requirements. . . .11
Section 2.815(b) of the Rules provides that external radio frequency power amplifiers12 capable of operation
on frequencies below 144 MHz may not be offered for sale unless they have first been authorized in
accordance with the Commission’s certification procedures.13 Section 2.815(b)(1) of the Rules prohibits
persons from offering for sale any external radio frequency power amplifier that is capable of amplification in
the frequency band between 26-28 MHz.14
6. The record in this case shows that, on October 15, 2013, and October 17, 2013, Redman CB Stop
offered for sale on the Redman CB Website, to customers in the United States, several makes and models of
non-certified external RF power amplifiers that are capable of operating in both the CB 10 meter band (28.0-
29.7 MHz) and the ARS 11 meter band (26.965-27.405 MHz). Specifically, the devices observed on the
Redman CB Website were non-certified devices capable of operating on frequencies below 144 MHz, in
violation of Section 2.815(b) of the Rules, and capable of amplification in the frequency band between 26-28
MHz, in violation of Section 2.815(b)(1). Based on the foregoing evidence, we find that Redman CB Stop
violated Section 302(b) of the Act and Sections 2.803 and 2.815(b) of the Rules by marketing and offering
for sale in the United States unauthorized radio frequency devices that do not have valid FCC certifications
and, to the extent the devices operate in the frequency band between 26-28 MHz, are not eligible to receive
FCC certification.15

IV.

RESPONDING TO THIS CITATION

7. Redman CB Stop may, if it so chooses, respond to this Citation—challenging the factual and
legal findings herein—within thirty (30) calendar days from the release date of this Citation either through
(1) a written statement, (2) a teleconference interview, or (3) a personal interview at the Commission Field
Office nearest to your place of business.
8. If you would like to arrange a teleconference or personal interview, please contact David
Dombrowski at (215) 741-3016. The nearest Commission Field Office is located in Langhorne,
Pennsylvania. Such teleconference or interview must take place within thirty (30) calendar days of the date
of this Citation. If you would like to submit a written response, including any supporting documentation,
you must send the response within thirty (30) calendar days of the date of this Citation to the contact and
address provided in paragraph 10, below.
9. All written communications should be provided to the address below.


11 47 C.F.R. § 2.803(a)–(b). Section 2.807(b) of the Rules provides that radio frequency devices manufactured solely
for export are exempt from the requirements of Sections 302(c) of the Act and Section 2.803 of the Rules. 47 C.F.R. §
2.807(b). We note, however, that the exemption applies only to devices that are actually exported and therefore an
“export only” disclaimer provided on a website that offers devices for purchase in the United States would not qualify
a manufacturer for an exemption under Section 2.807(b) of the Rules. See e.g., Inter Tech FM, Notice of Apparent
Liability for Forfeiture, 24 FCC Rcd 9020 (Enf. Bur. 2009)(finding that the exemption in Section 2.807(b) only applies
to devices that the manufacturer actually exports).
12 An external radio frequency power amplifier is defined as “any device which, (1) when used in conjunction with a
radio transmitter as a signal source is capable of amplification of that signal, and (2) is not an integral part of a radio
transmitter as manufactured.” See 47 C.F.R. § 2.815(a).
13 47 C.F.R. § 2.815(b).
14 47 C.F.R. § 2.815(b)(2).
15 47 U.S.C. § 302a(b); 47 C.F.R. §§ 2.803, 2.814(b).
3

Federal Communications Commission

DA 14-301

David C. Dombrowski
Re: EB-FIELDNER-13-00011682
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
10. Reasonable accommodations for people with disabilities are available upon request. Include a
description of the accommodation you will need, and include as much detail as you can. Also include a way
we can contact you if we need more information. Please allow at least five (5) business days advance notice;
last minute requests will be accepted, but may be impossible to fill. Send an e-mail to fcc504@fcc.gov or
call the FCC’s Consumer & Governmental Affairs Bureau:

For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);

For accessible format materials (braille, large print, electronic files, and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
11. Please be advised that it is a violation of Section 1.17 of the Commission’s rules (47 C.F.R. §
1.17) for any person or a staff member of that person to make any false or misleading written or oral
statement of fact. Specifically, no person shall:
(1) In any written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information that is
necessary to prevent any material factual statement that is made from being
incorrect or misleading; and
(2) In any written statement of fact, provide material factual information that is
incorrect or omit material information that is necessary to prevent any material
factual statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is correct
and not misleading.16
12. Further, the knowing and willful making of any false statement, or the concealment of any
material fact, in reply to this Citation is punishable by fine or imprisonment under 18 U.S.C. § 1001.
13. If you violate Section 1.17 of the Commission’s rules or the criminal statute referenced above,
you may be subject to further legal action, including monetary fines pursuant to Section 503 of the
Communications Act.17
14. Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are informing you that the
Commission’s staff will use all relevant material information before it, including information that you
disclose in your interview or written statement, to determine what, if any, enforcement action is required to
ensure your compliance with the Communications Act and the Commission’s rules.


16 47 C.F.R. § 1.17.
17 47 U.S.C. § 503.
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Federal Communications Commission

DA 14-301

VI.

FUTURE VIOLATIONS

15. If, after receipt of this Citation, Redman CB Stop again violates Section 302(b) of the Act or
Sections 2.803 amd 2.815(b) of the Rules by engaging in conduct of the type described herein, the
Commission may impose monetary forfeitures not to exceed $16,000 for each such violation or each day of a
continuing violation, and up to $112,500 for any single act or failure to act.18 For instance, the Commission
could impose separate forfeitures for each non-certified RF amplifier for use in the 10-12 meter bands sold
or for each day on which such a device is advertised or otherwise offered for sale. Further, as discussed
above, such forfeitures may be based on both the conduct that led to the Citation and the conduct following
it.19 In addition, violations of the Communications Act or the Rules also can result in seizure of equipment
through in rem forfeiture actions,20 as well as criminal sanctions, including imprisonment.21

V.

ORDERING CLAUSES

16.

IT IS ORDERED

that a copy of this Citation shall be sent both by First Class U.S. Mail and
Certified Mail, Return Receipt Requested, to Thomas Wilson dba Redman CB Stop at his address of record.

FEDERAL COMMUNICATIONS COMMISSION

David C. Dombrowski
District Director
Northeast Region
Enforcement Bureau


18 See 47 U.S.C. §§ 401, 501, 503; 47 C.F.R. § 1.80(b)(7). This amount is subject to further adjustment for inflation
(see 47 C.F.R. § 1.80(b)(9)), and the forfeiture amount applicable to any violation will be determined based on the
statutory amount designated at the time of the violation.
19 See paragraph 2, supra.
20 See 47 U.S.C. § 510.
21 See 47 U.S.C. §§ 401, 501.
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