The FCC has finally closed the "export" radio loophole and has made its first
bust. The case is still pending. Read section 6 of the citation carefully.

Could this be the end?

Bandit



Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554


Mr. David P. Pace, Jr. d.b.a. File No.: EB-03-
DL-143
Pacetronics Sent via
Certified
Pace Marketing Return Receipt
Requested
531-C East Main Street and First Class
U.S. Mail
Nacogdoches, TX 75963


CITATION

Released: July 7, 2003
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 Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing for
violation of Section 302(b) of the Act,2 and Section 2.803(a)(1) of
the Commission's Rules.3

2. An investigation by the FCC's Dallas Office revealed that the
Internet domain name PACERADIOS.COM is registered to Pace
Marketing, David Pace, P.O. Box 631207, Nacogdoches, TX 75963 with
Pace Marketing, David Pace listed as the administrative contact.
Furthermore, on June 30, 2003, Mr. David P. Pace, Jr. d.b.a.
Pacetronics / Pace Marketing through its Internet site(s)
www.paceradios.com (with an addresses listed on the site as Pace
Marketing, 531-C East Main St, Nacogdoches, TX 75961 and Pace
Marketing, P.O. Box 631207, Nacogdoches, TX 75961) offered for
sale, the following thirty seven (37) non-certified Citizens Band
transceivers:

NAME MODEL PRICE DESCRIPTION
Connex 4800 DXL $289.99 12 Bands of 40 Channels
Connex 4400 High Power $219.99 8 Bands
of 40 Channels
Connex 3300 High Power $199.99 Range
25.615 - 28.305
Connex 3300 $179.99 Range 25.615 - 28.305
Connex Patriot $199.99 Range 25.615 - 28.305
Connex Deer Hunter $139.99 Can be converted to
operate on 120 Chan.
Connex 3300 LE $179.99 Range 25.615 - 28.305
Connex 3300 HP LE $199.99 Range 25.615 - 28.305
Connex 3300 Coyote Hunter $169.99 . . . CB
band, with . . . 120 channels below
Galaxy DX99V $329.99 Robot Talk, Voice Changer
Galaxy DX 93T $429.99 Echo with dual controls
Galaxy DX88HL $314.99 Dual-Control Echo,
Talkback
Galaxy DX77HML $219.99 6 bands of 40Ch.
Galaxy DX66V $234.99 Dual Control Echo,
Talkback
Galaxy DX55V $164.99 equipped as an ideal
multi-band radio
NAME MODEL PRICE DESCRIPTION
Galaxy 48T $369.99 Deluxe Export Radio
Galaxy DX45-MP $249.99 Export Radios
Galaxy DX44V $189.99 Dual control echo/reverb
Galaxy DX33HML $159.99 dual control echo/reverb,
Talkback
General Lee $199.99 6 Bands of 40 Channels
General A.P. Hill $169.99 6 Bands of 40 Channels
General Grant $399.99 12 Bands of 40 Channels
? ? ?
General Longstreet $229.99 6 Bands of 40 Channels
Magnum 257 $179.99 10 bands of channels
Ranger 6900F-25 $289.99 . . . 12-band segments
Ranger 6900F-150 $409.99 . . . 24.2650 - 29.6650
MHz
Ranger 6900FTB-refurbished $369.99 Export
Radios
Ranger 6300F-25 $269.99 . . . 12-band segments
Ranger 6300F-150 $389.99 Export Radios
Ranger 2995DX $549.99 Export Base Station
Ranger 2985DX $439.99 Export Base Station
Ranger 2980WX $409.99 Export Base Station
Ranger 2970DX $399.99 Export Radios
Ranger 2950DX $269.99 Export Radios
Superstar 3900HP-Gold $239.99 6 Bands 240 Channels
Superstar Grant $179.99 120 Channels
Superstar 121 $129.99 CB features...with...Upper
and Lower Freq


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 ....'' Mr. David P. Pace, Jr.
d.b.a. Pacetronics / Pace Marketing's offer for sale of these
devices violates both sections.

4. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing
marketed these devices as amateur transceivers. The Commission has
evaluated radiofrequency 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, 1988). 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, Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace
Marketing 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.

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. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace Marketing may
request a personal interview at the closest FCC location to its
place of business,11 namely:

Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470

which can be contacted by telephone at 214-575-6361. They must
schedule this interview to take place within 14 days of the date of
this citation. Mr. David P. Pace, Jr. d.b.a. Pacetronics / Pace
Marketing may submit a written statement within 14 days of the date
of this Citation to the same address. Any written statement should
specify what actions have been taken to correct the violation
outlined above. When corresponding with the Commission, case
number EB-03-DL-143 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
LRB

Cc:Mr. David P. Pace, Jr. d.b.a.
Pacetronics
Pace Marketing
P.O. Box 631207
Nacogdoches, TX 75963
_________________________

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

"Bandit" wrote in message
m...
The FCC has finally closed the "export" radio loophole and has made its
first
bust. The case is still pending. Read section 6 of the citation
carefully.

Could this be the end?

This is not the end.
This is not the beginning of the end.
This is, the end of the beginning..

(For bonus points, what movie? )


It does seem like a step in the right direction.
It weakens all their regulatory efforts, when they allow something like this
to continue for years.
At best, it will get rid of the "off the shelf" rigs, and force them to buy
ham rigs, or do it underground with mods.

Only some serious field enforcement will make an impact on the use.

On Fri, 17 Oct 2003 12:13:55 -0500, "Dave VanHorn" wrote:


"Bandit" wrote in message
om...
The FCC has finally closed the "export" radio loophole and has made its
first
bust. The case is still pending. Read section 6 of the citation
carefully.

Could this be the end?

This is not the end.
This is not the beginning of the end.
This is, the end of the beginning..

(For bonus points, what movie? )


It does seem like a step in the right direction.
It weakens all their regulatory efforts, when they allow something like this
to continue for years.
At best, it will get rid of the "off the shelf" rigs, and force them to buy
ham rigs, or do it underground with mods.

Only some serious field enforcement will make an impact on the use.




http://www.imdb.com/title/tt0097883/

Am I right?

Donnie (N4JZH)

''Behold how good and well brethren dwell together in unity''

http://www.imdb.com/title/tt0097883/

Am I right?

Bingo!

It's on cable this week.
I preferred the book, but the movie dosen't suck.
In the book, the deaders were being harvested for their organs.

It's on cable this week.
I preferred the book, but the movie dosen't suck.
In the book, the deaders were being harvested for their organs.

PS: "The barbie murders" is another one that should have made it to the
movies.

"Dave VanHorn" wrote in message ...
It's on cable this week.
I preferred the book, but the movie dosen't suck.
In the book, the deaders were being harvested for their organs.

PS: "The barbie murders" is another one that should have made it to the
movies.

oh so you enjoy movies like that......??? hmm .......well that makes
sense........it would appear your tastes are impecible......

"Dave VanHorn" wrote in
message ...

It does seem like a step in the right direction.

Amen.

It weakens all their regulatory efforts, when
they allow something like this
to continue for years.

It does prove when a group effort is made to
complain about a problem to the FCC that action
will sooner or later be taken. It took some years
for the Ham community asking the FCC to get rig of
the unlicensed 10m operators but they are finally
moving on the issue.

At best, it will get rid of the "off the shelf"
rigs, and force them to buy
ham rigs, or do it underground with mods.

It will go a LONG WAY to eliminate the ignorant
users, i.e. those who buy a radio with "extra"
channels all ready in them, from the
across-the-counter-dealers. This would be mostly
your typical truck-stop CB chop-shop.

Only some serious field enforcement will make an
impact on the use.

Check the truck drivers at the weight stations.
Find a non FCC aproved CB radio, and no Ham
ticket, give them a big fine and take the radio on
the spot. The truckers will get the word out, to
the general CB user population, that the ax is
coming down on the use of non FCC aproved radios
on 11m.


--
Leland C. Scott
KC8LDO

Saw this on a Tee-shirt:

"I am a
bomb
technician
if you see me
running
try to keep up "

Check the truck drivers at the weight stations.
_
Like Rush Limbaugh said, "Round up the addicts and drug users."
_
Find a non FCC aproved CB radio, and no

Ham ticket, give them a big fine and take the

radio on the spot.
_
Like Rush Limbaugh said, "Round up suspected users and if they are found
in possession of narcotics, send the criminal away to prison and throw
away the key."
_

The truckers will get the word out, to the

general CB user population, that the ax is

coming down on the use of non FCC aproved

radios on 11m.

_
Like the dittoheads who bought into their lying-ass, hypocritical false
Messiah's rants, you freeband and call for enforement against others.
Liars and perverts and hypcocrites, oh, my. : )

--
Leland C. Scott

KC8LDO

Have this on a Tee-shirt:


"T"

"Twistedhed" wrote in
message

n.webtv.net...
Like the dittoheads who bought into their
lying-ass, hypocritical false
Messiah's rants, you freeband and call for
enforement against others.
Liars and perverts and hypcocrites, oh, my. : )

==================================
"Twistedhed"
wrote in message

tv.net...

"Not at all. If you ever paid attention, you would
know I care not what
people think, forget remember, or do. It just
doesn't matter to me.

====================================

_____________________________________________
From: (Twistedhed)
Newsgroups: rec.radio.cb
Subject: KC8LDO Question
Date: Wed, 30 Jul 2003 09:58:08 -0400 (EDT)
Organization: WebTV Subscriber
X-WebTV-Signatu 1
ETAtAhUAoy0iz+udQfCy1mhf6SzrYj0RpzQCFD6
zgoAg10Kh3V+pAnr1lJWaO9ba

snip
Of course I'm a lousy troll,,,
snip
____________________________________________


--------------------------------------------------
--------------------------------------------------
-----
"Twistedhed" wrote in
message

on.webtv.net...
snip
,,if such acts bring you pleasure,,,,,you have my
permission to "make a fool of" me any time
snip
--------------------------------------------------
-----------------------

--
==========================================
Subject: More Twistedhed's Blathering
Newsgroups: rec.radio.cb
Author: (Twistedhed)
Date: 2001-03-26 17:20:06 PST

in

t
wrote:
nice forgery Dougie but the headers don't lie.
Undoubtedly you don't understand how the Usenet
works so I will explain it to you, my anonymous
acolyte
what do you know of my life? The jockstrap you
sent
in the mail is a trophy of your docile worship of
me and it hangs proudly above my mantle
I will never cease pirate CB activity as long as
it irks
you or someone like you. However, as a
consolation
and to ease your suffering, I will stay within
the
confines of the freeband for now. The saucer men
tell
me I have a good signal in the pile
=====================================

You need to spend more of your time QSL'ing with
your "saucer men" buddies. Now if you stay good,
and don't annoy people on the news group, Santa
Claus will bring you a brand new Star Trek
Communicator for Xmas. Just think about all the
flying saucer contacts you can make with that!
Heck, you'll be back here after Xmas babbling
about how you talked to Captain Kirk. You might
even have Scottie beam you up for a quick vist
too.
8-))

--
Leland C. Scott
KC8LDO

ARRL Member
NCI Member

Charter member of the
Lawrence Technological University
Wireless Society W8LTU

Google "Leland Scott" and "Docent".


LMAO! The link shows Lelnad in a dress...his interests are very much on
par with the voob mans warblings concerning his hallucinated viking
comments. Quick, someone copy the pic of Lelnad wearing a dress before
he has it removed like his pal N8WWM did.


Merry Christmas, Lelnad!