Popular CB Dealer gets cited for selling "exports"

[C W Morse]

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

) File No.: EB-06-PO-169

Michael T. Kersnowski )

d/b/a RadioActive Radio ) Citation No.: C20073292003

)

Salem, Oregon 97302 )

)

CITATION

Released: February 23, 2007

By the Resident Agent, Portland Resident Agent 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 Michael T.
Kersnowski d/b/a RadioActive Radio for violation of Section 302(b) of
the Act, and Sections 2.803(a)(1), 2.815(b) and 2.815(c) of the
Commission's Rules ("Rules").

2. Investigation by the Commission's Portland Resident Agent Office of
the Enforcement Bureau revealed that on November 28, 2006, RadioActive
Radio, through the use of internet website www.RadioActiveRadios.com,
offered for sale forty-four non-certified Citizens Band ("CB")
transceivers as follows:


Brand Model

Connex 3300 HP

Connex 4600 Turbo

Connex 4300 HP 300

Connex 4300 HP

Connex General Washington

Connex General Lee

Connex 4800HPE

Connex Deer Hunter

Galaxy 2517

Galaxy 2547

Galaxy 99V

Galaxy 88HL

Galaxy 77

Galaxy 66V

Galaxy 55

Galaxy 33HML

Galaxy 45MP

Galaxy 48T

Galaxy 93T

Galaxy 95T

General General Jackson

Magnum S6

Magnum S9

Magnum S3RF

Magnum Delta Force

Magnum Omega Force

Magnum Mini

Mirage 6600

Mirage 88H/L

Mirage 9900

RCI 2980WX

RCI 2985DX

RCI 2995DX

RCI 2985DX

RCI 2950

RCI 2970

RCI 6300F25

RCI 6300F150

RCI Voyage VR-9000

Super Star 36

Super Star 3900

Super Star 3900GHPM

Super Star 3900GHPA

Stryker 440


According to Commission records these devices have not received an FCC
equipment authorization, which is required for CB transmitters marketed in
the United States.

3. RadioActive Radio, through the use of internet website
www.RadioActiveRadios.com, also offered for sale ten non-certified
External Radio Frequency Power Amplifiers as follows:


Brand Model

Palomar 225

Palomar 250

Palomar Delux Modulator

Palomar 450

Palomar 600

Palomar 900V

Davemade M80

Davemade M200

Davemade M400

Davemade Straight 8


4. Section 302(b) of the Act provides: "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..." RadioActive Radio's
offering for sale of the transceivers listed in paragraph 2 violates
both sections.

5. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Rules.

6. Section 2.815(c) of the Rules prohibits the manufacture, sale, or
offering for sale of any External Radio Frequency Power Amplifier (or
amplifier kits) capable of operation on any frequency below 144 MHz
unless the amplifier has received a grant of type acceptance.
Furthermore, Section 2.815(b) of the Rules prohibits the sale or
marketing of External Radio Frequency Power Amplifiers (or amplifier
kits) capable of operating on any frequency between 24 and 35 MHz.
RadioActive Radio's offering for sale of the non-certified External
Radio Frequency Power Amplifiers listed in paragraph 3 violates both
sections of the Rules and Section 302(b) of the Act.

7. Violations of the Act or the Rules may subject the violator to
substantial monetary forfeitures, seizure of equipment through in rem
forfeiture action, and criminal sanctions, including imprisonment.

8. Michael T. Kersnowski d/b/a RadioActive Radio may request an interview
at the closest FCC Office, which is Federal Communications Commission,
11410 N.E. 122^nd Way, Suite 312, Kirkland, Washington 98034. You may
contact this office by telephone, XXX XXX-XXXX, to schedule this
interview, which must take place within 14 days of this Citation.
Michael T. Kersnowski d/b/a RadioActive Radio 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 violations outlined above. Please reference
file number EB-06-PO-169 when corresponding with the Commission.

9. 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.

10. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Michael T. Kersnowski at his address of record and the address of
record for RadioActive Radio.

FEDERAL COMMUNICATIONS COMMISSION

Binh Nguyen

Resident Agent

Portland Resident Agent Office

Western Region

Enforcement Bureau

47 U.S.C. S 503(b)(5).

47 U.S.C. S 302a(b).

47 C.F.R. SS 2.803(a)(1), 2.815(b), 2.815(c).

Section 95.655(a) of the rules 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 2.815(c).

47 C.F.R. S 2.815(b).

47 C.F.R. S 1.80(b)(3).

47 U.S.C. SS 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

4

Federal Communications Commission

 

[sleepwalker]

guess he got the super duper dynamo wack pack

 

[C2]

u beat me 2 it

 

[jessejamesdallas]

I noticed he has already taken down the Davemade line...Guess he's not going to be selling Dave's anymore...

 

[Seminoles]

I noticed he has already taken down the Davemade line...Guess he's not going to be selling Dave's anymore...

Looks like the web site is down too.

 

[FL Native]

i didnt check the FCC site but i heard on radio yesterday that H&Y got the wacked pack aswell.

 

[C W Morse]

Some of the websites have continued to sell "exports" inspite earlier warnings. H & Y was one of them. I wouldn't be surprised to see the next round including high fines. :?

73

CWM

 

[lords]

everything has a price to pay when caught...some brag,some don't most loose in the long run...as expected..
welcome to the under World of one day I will be caught!
Now days its a harder spanking,just because its basicly based on how long you have been not caught and how much you own for sale!

 

[todt061458]

Did not Mr wackpack come here once and tell us he was laughing all the way to the bank?

 

[DTB Radio]

Looks like he's still got all the bad stuff advertised for sale, too....

 

[C W Morse]

Michael Powell is the Chairman of FCC and as far as I know, he is NOT an Amateur licensee. He is another career bureacrat so many other gov't employees.

According to the Communications Act of 1934, FCC is charged with the responsibility of enforcing Title 47, US Code. In that vein, they may, indeed, regulate, and enforce the use of and sale of RF equipment. The way they regulate so-called "10 Meter" radios is by placing them on a list BY NAME as not meeting one or more of the existing FCC regulations.
FCC MAY prevent the sale of any RF generating equipment according to their existing regulations. IOW, so long as they abide by the law, they can disallow about ANY radio they so desire. What the law states is, (paraphrase) these "10 Meter" radios that appear on their list may not be imported or sold. PERIOD. How a licensed Amateur obtains such a radio, FCC doesn't care. After all, the radio is legal for an Amateur to use within the strictures of his license. (again, See
Communications Act of 1934 as amended).

Since FCC receives NONE of the fines levied, they have NO vested interest in "making money" off illegal radios; the fines go into the US General Fund while FCC operates on a budget allocated by Congress.

In all honesty, *IF* folks had stayed I N S I D E the legal 40 channels, I doubt FCC would have CARED about the junk "ham" radios. But, no, they couldn't be satisfied with what was allocated to them; they wanted to go anywhere, use any amount of power they chose without restriction. To H E Double Hockey Sticks with the privileges of others. Once "freebanders" started showing up where they don't belong--especially on the 10 M ham band, they can't really expect that the licensed (rightful users) to just sit there and allow it to go on!

The REASON these radios EXIST is so CBers can thwart the law against "extra" channels and more power than is allowed by Part 95, US Code. So, right or wrong, depending on one's point of view, this is WHY FCC is going after them. The illegal stations create interference to legitimate communications. If it weren't for those illegal radios, it would be slightly harder for bandit operators to filch legit frequencies.

The RIGHT way to get those "extra" channels is to take the Amateur test. Why people cling to "outlaw" ways as if it were some sort of badge of courage is beyond me! Staying within the law, I bagged Sicily on 20 Meters today, and that was quite a thrill without having to look over my shoulder!

73

CWM


.

 

[NorthStar]

I thought Kevin Martin replaced Powell?

 

[C W Morse]

Mea Culpa! You are right.


CWM

 

[C W Morse]

Very simple! It's because Amateurs are allowed to use a TOASTER if they can get it to transmit, or to build a transmitter if they so desire. There is absolutely NOTHING underhanded about it on any point. The object of the restrictions against "10 meter" radios that have "channels" and "bands" to cover ONE band is to preclude their use on the CB band. HOW Amateurs procure, obtain, assemble, equipment is not of concern to FCC so long as their operations are in compliance with Part 97. The "export" radios are nothing but an attempt to sneak under Part 97 regulations on certification and circumvent Part 95's restrictions on "extra" channels and power. Cutting to the chase, CB operators are required to use
certified FORTY channel, FOUR watt CB radios without additions or modications. Period. There's no getting around that. "Export" radios don't "fool" anybody. They don't appeal to most hams, and their "extra channels" and 25++ watts are targeted towards CBers! So, recognizing this fact, FCC simply placed each radio on a list (FCC Technology Center) by NAME to preclude their use and make it possible to distinguish between REAL "ham" radios and those who are actually illegal CB radios.

CWM

 

[Sonwatcher]

This just seems like a paradox to me. Can't sell them not even offer to sell them, illegal to market in any way within the borders of the United States by US Customs Law. YET the FCC says it's ok to buy them. Look at a quote from an order against a dealer by the FCC-

Although the Commission has clarified that a
transmitter intended to operate in the CB band
includes ARS transmitters that can be easily modified
to operate on CB frequencies, the Commission has never
stated that intent to operate in the CB bands can be
determined through the actions of a seller of an ARS
transceiver. Moreover, our Rules prohibit the sale or
lease or offering for sale or lease of non-certified
CB transmitters and do not prohibit the purchase of
such devices.

http://www.fcc.gov/eb/Orders/2005/DA-05-3125A1.html

Then they refer to the 1934 Communications Act as Amended-

Section 302(b) of the Act provides: "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)

So they say you can't sell them or offer them for sale or lease nor can you use them but you can buy one.

Figure that mess out :roll: