$150,000 fine to a Ramco Distributors, Inc for selling so-called "10 Meter 'Amateur' Radios! :shock:
Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File No. EB-06-SE-124 Ramko Distributors, Inc. ) NAL/Acct. No. 200732100023 Toledo, Ohio ) FRN: 0016293854 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 30, 2007 Released: March 30, 2007 By the Commission: I. introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Ramko Distributors, Inc. ("Ramko") apparently liable for marketing 17 models of non-certified radio transceivers, in apparent willful and repeated violation of Section 302(b) of the Communications Act of 1934, as amended ("Act"), and Section 2.803 of the Commission's Rules ("Rules"). The subject devices are neither Commission authorized, nor eligible for such authorization. Based on the facts and circumstances before us, we conclude that Ramko is apparently liable for a forfeiture in the amount of one hundred fifty thousand dollars ($150,000). II. background 2. Section 302 of the Act authorizes the Commission to make reasonable regulations, consistent with the public interest, governing the interference potential of equipment that emits radio frequency energy, and prohibits, among other things, the offering for sale of radio frequency devices to the extent that such activity does not comply with these regulations. The purpose of this section is to ensure that radio transmitters and other electronic devices meet certain standards to control interference before they reach the market. Specifically, 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." Section 2.803(a)(1) of the Commission's implementing regulations provides that: Except as provided elsewhere in this section, 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 ... [i]n the case of a device that is 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 as required by S 2.925 and other relevant sections in this chapter. In addition, Section 2.803(g) of the Rules provides that: [R]adio frequency devices that could not be operated or legally authorized under the current rules ... shall not be operated, advertised, displayed, offered for sale or lease, sold or leased, or otherwise marketed .......................
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For the rest of the story (if interested), go to
www.fcc.gov/eb and scroll down to Ramco Distributors. This the latest salvo in the on-going effort by FCC to stop the illegal purchase, use, and the "bootlegging" that has occurred on the 10 Meter band (and below on 26 MHZ)
Stay Safe.
RR