N
nightrider781
Guest
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Carl C. Curatola File No.: EB-04-
DL-263
d.b.a. 1 Stop Electronics Citation:
C20053250005
1879 N Neltnor Blvd. Sent via
Certified
West Chicago, IL 60185 Return Receipt
Requested
and First Class
U.S. Mail
CITATION
Released: December 6, 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''),1 to Carl C. Curatola d.b.a. 1 Stop Electronics
for violation of Section 302(b) of the Act,2 and Sections
2.803(a)(1) and 2.815(b)&(c) of the Commission's Rules.3
2. An investigation by the FCC's Dallas Office revealed that
the Internet domain name 1stopelectronics.com is registered
to 1 Stop, Carl C., 1879 N. Neltnor, West Chicago, IL 60185
with an e-mail address listed as xforce151@aol.com. On July
1, 2004, the State of Illinois dissolved the corporation 1
Stop Electronics, Inc. where Carl Curatola was listed as the
corporation's prior president. Furthermore, on November 11,
2004, Carl C. Curatola d.b.a. 1 Stop Electronics, through
the use of Internet site www.1stopelectronics.com (with the
name and telephone numbers currently listed on the site as
``1 Stop Electronics, 877-894-1STOP, 630-393-3366, 847-550-
1500, and 888-588-1505''), offered for sale the following
thirty-five (35) non-certified Citizens Band transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 3300 $179.99 ``6 Bands of 40 Channels''
Connex 3300 HP $199.99 ``6 Bands of 40 Channels''
Connex 3300 Limited Ed HP $229.99 ``6 Bands of 40
Channels''
Connex 4400 HP $229.99 ``8 Bands of 40 Channels''
Connex 4800 DXL $299.99 ``12 Bands of 40 Channels''
Connex Deer Hunter $149.99 ``3 Bands (120 Ch Export
Version)''
Galaxy DX 33 HML $189.99 ``FOR EXPORT USE ONLY''
Galaxy DX 44V $209.99 ``FOR EXPORT USE ONLY''
Galaxy DX 48T $399.99 ``FOR EXPORT USE ONLY''
Galaxy DX55V $199.99 ``FOR EXPORT USE ONLY''
Galaxy DX66V $269.99 ``FOR EXPORT USE ONLY''
Galaxy DX 77HML $249.99 ``FOR EXPORT USE ONLY''
Galaxy DX 88HL $319.99 ``FOR EXPORT USE ONLY''
Galaxy DX 93T $429.99 NAME MODEL PRICE DESCRIPTION
Galaxy 95T $429.99 ``Echo''
Galaxy DX99V $349.99 ``FOR EXPORT USE ONLY''
General A.P. Hill $179.99 ``6 Bands of 40 Channels''
General Lee $199.99 ``6 Bands''
Magnum 257 $219.99
Magnum DeltaForce $239.99 ``TURBO Echo''
Magnum Maverick $229.99 ``TURBO Digital Echo''
Magnum OmegaForce $289.99 ``TURBO Digital Echo''
Magnum S-3 $219.99 ``6 Bands''
Magnum S-9 $359.99 ``TURBOÔ Digital Echo with
Dual Controls''
President Lincoln $329.99
Ranger RCI 2950DX $289.99 ``FOR EXPORT USE ONLY''
Ranger RCI 2970DX $399.99 ``FOR EXPORT USE ONLY''
Ranger RCI-2995 DX $539.99
Ranger RCI-6300 F25 $279.99 ``12 Bands of 40CH. (540 CH
Export)''
Ranger RCI-6300F Turbo $399.99 ``12 Bands of
40CH. (540 CH Export Version)''
Ranger RCI-6900F25 $299.99 ``12 Bands of 40CH. (540 CH
Export Version)''
Ranger RCI-6900F 150 $429.99 ``12 Bands of
40CH. (540 CH Export Version)''
SuperStar 121 $139.99 ``Full Channel 27 MHz''
SuperStar 3900 American Spirit $189.99
Superstar 3900 Plus $189.99
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 ....''. Carl C. Curatola
d.b.a. 1 Stop Electronics offered these devices for sale in
violation of both sections.
4. Carl C. Curatola d.b.a. 1 Stop Electronics marketed these
devices as amateur and/or Citizens Band transceivers. The
Commission has evaluated radio frequency 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.4 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 Rules5 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, 198<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> . 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 Rules6 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, Carl C. Curatola d.b.a. 1 Stop
Electronics is warned that Section 302(b) of the Act2, and
Section 2.815(c) of the Commission's Rules7 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 Rules8
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. Non-
certified External RF Power Amplifiers requiring
certification include, but are not limited to, the X Force
and Texas Star brands.
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,9
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.10
9. Carl C. Curatola d.b.a. 1 Stop Electronics may request a
personal interview at the closest FCC location to its place
of business,11 namely:
Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, Illinois 60068-1460
which can be contacted by telephone at 847-813-4660. He must
schedule this interview to take place within 14 days of the date of
this citation. Carl C. Curatola d.b.a. 1 Stop Electronics may
submit a written statement within 14 days of the date of this
citation to the following address:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
which can be contacted by telephone at 214-575-6361. Any written
statement should specify what actions have been taken to correct
the violation outlined above. When corresponding with the
Commission, case number EB-04-DL-263 and citation number
C20053250005 should be referenced.
10. Any statement or information provided may be used by the
Commission to determine if further enforcement action is
required.12 Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.13
FEDERAL COMMUNICATIONS
COMMISSION
James D. Wells
District Director
Dallas Office
FCC Enforcement Bureau
LRB
Cc:Mr. Carl C. Curatola
d.b.a. 1 Stop Electronics
27 W054 Roosevelt Rd.
Winfield, IL 60190-1603
Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, IL 60068-1460
_________________________
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.603(c) & 2.803
5 47 C.F.R. § 95.655(a)
6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000
7 47 C.F.R. § 2.815(c)
8 47 C.F.R. § 2.815(b)
9 See 47 C.F.R. § 1.80(b)(3)
10 See 47 U.S.C. §§ 401, 501, 503, 510
11 See 47 U.S.C. § 503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
13 See 18 U.S.C. §1001
IN troulbe
</p>
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Carl C. Curatola File No.: EB-04-
DL-263
d.b.a. 1 Stop Electronics Citation:
C20053250005
1879 N Neltnor Blvd. Sent via
Certified
West Chicago, IL 60185 Return Receipt
Requested
and First Class
U.S. Mail
CITATION
Released: December 6, 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''),1 to Carl C. Curatola d.b.a. 1 Stop Electronics
for violation of Section 302(b) of the Act,2 and Sections
2.803(a)(1) and 2.815(b)&(c) of the Commission's Rules.3
2. An investigation by the FCC's Dallas Office revealed that
the Internet domain name 1stopelectronics.com is registered
to 1 Stop, Carl C., 1879 N. Neltnor, West Chicago, IL 60185
with an e-mail address listed as xforce151@aol.com. On July
1, 2004, the State of Illinois dissolved the corporation 1
Stop Electronics, Inc. where Carl Curatola was listed as the
corporation's prior president. Furthermore, on November 11,
2004, Carl C. Curatola d.b.a. 1 Stop Electronics, through
the use of Internet site www.1stopelectronics.com (with the
name and telephone numbers currently listed on the site as
``1 Stop Electronics, 877-894-1STOP, 630-393-3366, 847-550-
1500, and 888-588-1505''), offered for sale the following
thirty-five (35) non-certified Citizens Band transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 3300 $179.99 ``6 Bands of 40 Channels''
Connex 3300 HP $199.99 ``6 Bands of 40 Channels''
Connex 3300 Limited Ed HP $229.99 ``6 Bands of 40
Channels''
Connex 4400 HP $229.99 ``8 Bands of 40 Channels''
Connex 4800 DXL $299.99 ``12 Bands of 40 Channels''
Connex Deer Hunter $149.99 ``3 Bands (120 Ch Export
Version)''
Galaxy DX 33 HML $189.99 ``FOR EXPORT USE ONLY''
Galaxy DX 44V $209.99 ``FOR EXPORT USE ONLY''
Galaxy DX 48T $399.99 ``FOR EXPORT USE ONLY''
Galaxy DX55V $199.99 ``FOR EXPORT USE ONLY''
Galaxy DX66V $269.99 ``FOR EXPORT USE ONLY''
Galaxy DX 77HML $249.99 ``FOR EXPORT USE ONLY''
Galaxy DX 88HL $319.99 ``FOR EXPORT USE ONLY''
Galaxy DX 93T $429.99 NAME MODEL PRICE DESCRIPTION
Galaxy 95T $429.99 ``Echo''
Galaxy DX99V $349.99 ``FOR EXPORT USE ONLY''
General A.P. Hill $179.99 ``6 Bands of 40 Channels''
General Lee $199.99 ``6 Bands''
Magnum 257 $219.99
Magnum DeltaForce $239.99 ``TURBO Echo''
Magnum Maverick $229.99 ``TURBO Digital Echo''
Magnum OmegaForce $289.99 ``TURBO Digital Echo''
Magnum S-3 $219.99 ``6 Bands''
Magnum S-9 $359.99 ``TURBOÔ Digital Echo with
Dual Controls''
President Lincoln $329.99
Ranger RCI 2950DX $289.99 ``FOR EXPORT USE ONLY''
Ranger RCI 2970DX $399.99 ``FOR EXPORT USE ONLY''
Ranger RCI-2995 DX $539.99
Ranger RCI-6300 F25 $279.99 ``12 Bands of 40CH. (540 CH
Export)''
Ranger RCI-6300F Turbo $399.99 ``12 Bands of
40CH. (540 CH Export Version)''
Ranger RCI-6900F25 $299.99 ``12 Bands of 40CH. (540 CH
Export Version)''
Ranger RCI-6900F 150 $429.99 ``12 Bands of
40CH. (540 CH Export Version)''
SuperStar 121 $139.99 ``Full Channel 27 MHz''
SuperStar 3900 American Spirit $189.99
Superstar 3900 Plus $189.99
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 ....''. Carl C. Curatola
d.b.a. 1 Stop Electronics offered these devices for sale in
violation of both sections.
4. Carl C. Curatola d.b.a. 1 Stop Electronics marketed these
devices as amateur and/or Citizens Band transceivers. The
Commission has evaluated radio frequency 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.4 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 Rules5 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, 198<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> . 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 Rules6 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, Carl C. Curatola d.b.a. 1 Stop
Electronics is warned that Section 302(b) of the Act2, and
Section 2.815(c) of the Commission's Rules7 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 Rules8
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. Non-
certified External RF Power Amplifiers requiring
certification include, but are not limited to, the X Force
and Texas Star brands.
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,9
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.10
9. Carl C. Curatola d.b.a. 1 Stop Electronics may request a
personal interview at the closest FCC location to its place
of business,11 namely:
Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, Illinois 60068-1460
which can be contacted by telephone at 847-813-4660. He must
schedule this interview to take place within 14 days of the date of
this citation. Carl C. Curatola d.b.a. 1 Stop Electronics may
submit a written statement within 14 days of the date of this
citation to the following address:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
which can be contacted by telephone at 214-575-6361. Any written
statement should specify what actions have been taken to correct
the violation outlined above. When corresponding with the
Commission, case number EB-04-DL-263 and citation number
C20053250005 should be referenced.
10. Any statement or information provided may be used by the
Commission to determine if further enforcement action is
required.12 Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.13
FEDERAL COMMUNICATIONS
COMMISSION
James D. Wells
District Director
Dallas Office
FCC Enforcement Bureau
LRB
Cc:Mr. Carl C. Curatola
d.b.a. 1 Stop Electronics
27 W054 Roosevelt Rd.
Winfield, IL 60190-1603
Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, IL 60068-1460
_________________________
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.603(c) & 2.803
5 47 C.F.R. § 95.655(a)
6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000
7 47 C.F.R. § 2.815(c)
8 47 C.F.R. § 2.815(b)
9 See 47 C.F.R. § 1.80(b)(3)
10 See 47 U.S.C. §§ 401, 501, 503, 510
11 See 47 U.S.C. § 503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
13 See 18 U.S.C. §1001
IN troulbe
