>Such regulations shall be applicable to the manufacture, import, sale, *offer for sale*, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.
I appreciate the reference to an actual, applicable statute. Based on that, it sounds like whether eBay acting as a marketplace is actually the party offering equipment for sale, rather than merely providing a venue for others to offer it for sale, is something that would have to be figured out by the courts, as would the question of whether the specific regulations the FCC is enforcing actually are pursuant to that section.