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                             FEDERAL COMMUNICATIONS COMMISSION
                                            ENFORCEMENT BUREAU
                                                ATLANTA OFFICE

                   3575 KOGER BLVD, SUITE 320, DULUTH GA 30096
                                      Telephone (770) 935-3370

March 19, 2004

CB Sales and Service                         FILE No.: EB-04-
AT-024
ATTN:  Mr. Jim Norton                                             
Sent via Certified
190E Lenlock Lane                                                    
Return Receipt requested and
Anniston, AL  36206                                                  
First Class mail

                    CITATION                     Citation 
No.: C200432480001
                                        Released:  March 19, 
2004
By the Enforcement Bureau, Atlanta Office

      1. This is an Official Citation issued pursuant to 
Section 503(b) of  The Communications Act of 1934, as amended 
(``Act''), 1 to Mr. Jim Norton, owner of CB Sales and 
Service, Anniston, Alabama,  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 Atlanta Office 
revealed that on March 11, 2004, you offered for sale at your 
retail store located at 190E Lenlock Lane, Anniston, Alabama, 
eight models of non-certified Citizens Band transceivers, 
namely, a Galaxy model DX66V, a Galaxy model DX 73V, a Galaxy 
model  48T Big Rig Series,  a Galaxy model DX88HL, and a 
Galaxy model DX77HML, a Galaxy DX44V, Galaxy DX33HML, and 
Galaxy model DX99V.  According to Commission's records, these 
devices have not received an FCC equipment authorization 
which is required for Citizens Band transmitters marketed in 
the United States. Furthermore, these devices bore no FCC 
equipment authorization labeling that is required for 
Citizens Band transceivers marketed in the United States.4
  
     3.  Section 302(b) of the Act 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 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...''
Jim Norton's CB Sales and Service's offer for sale of these 
devices violates both sections.

     4.  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 rules 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.  
Five of the Galaxy model CB transceivers previously mentioned 
were identified as having the modification done to enable 
dual use of CB and amateur frequencies.  These units were 
Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL; and 
Galaxy DX77HML.   

    5.  Furthermore, the Commission has revised Section 
2.1204(a)(5) of its rules 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.

    6.   Subsequent violations of the Communications Act 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,  
seizure of equipment through in rem forfeiture action, and 
criminal sanctions including imprisonment.

   7.   Mr. Jim Norton may request a personal interview at 
the closest FCC location to its place of business, namely:

     Federal Communications Commission
     3575 Koger Blvd., Suite 320
     Duluth, GA   30096

which can be contacted by telephone at XXX XXX-XXXX.  Any 
written statement should specify what actions have been taken 
to correct the violation outlined above.  When corresponding 
with the Commission, case number EB-04-AT-024 should be 
referenced.

8.    Any statement or information provided 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 notice is punishable by fine or imprisonment.


                         FEDERAL COMMUNICATIONS COMMISSION



                              Fred Broce
                              District Director, Atlanta 
Office



_________________________

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.  95.409(a) & 2.925(a)