Red Monkey--anybody heard of this one?

[C W Morse]

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

 

[SmackDown]

how about a forum on FCC in-activity ??? there's a guy about 3/4 mile away from me on an Imax with a tricked out 25 LTD and a 29 LTD who bleeds me 4 up and 4 down from the center channel and every other word is a foul expletive. I understand his neighbors have call the FC f 'n C countless times and they haven't visited this guy once. His neighbors have cut his coax which made him come back meaner and fouler. I guess the agency is content to sit on their butts googling certain radio types and following the links to the sellers instead of enforcement against troublesome, nuisance stations....

 

[hotrod]

gotta agree with ya.i got a ham operator playing pre-reecorded qso with me and others in our lil ssb group.
hes doing it on 11meters.hes actually been shut down once
but hes slowly getting equiment up again.people wenty
to his house and everything no luck.a guy closer to him
that hes really targeting called the fcc .they said that homeland security is there main thing there working on
what a brush off.buit yet there worried about 10 meter radios being used on 11 meters.sop i guess its ok for a cham to jam up the 11meter freqs. but if a cber even accidently goes
into ham bands they immeditaly get a letter.

 

[todt061458]

well it just goes to show ya what the real agenda is.
Like I have said before it's all about good press and money. Fines equal money. If they stop the import of Export type radios what good would it do? Just import the parts and assemble them in the united states. so on and on it goes.
Cb vs Ham vs More power vs more modulation. Hope the FCC Enforcement continues. 10 meter hams vs 11 meter cbers can't we all just get along :twisted:
?