Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


Mr. Lamont Davidson d.b.a.                        File No.: EB-04-
DL-040
Walcott CB Sales, Inc.                            Citation: 
C20043250002
2940 North Plainview Road                         Sent via 
Certified
Walcott, IA  52773                                Return Receipt 
Requested
                                                  and First Class 
U.S. Mail


                             CITATION

                                           Released:  April 7, 2004
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. Lamont Davidson d.b.a. Walcott CB Sales, 
       Inc. 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 walcottcb.com is registered to 
       Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott, 
       Iowa 52773 with Lamont Davidson, Walcott CB Sales, Inc. 
       listed as the administrative and technical contact.  
       Furthermore, on February 24, 2004, Mr. Lamont Davidson 
       d.b.a. Walcott CB Sales, Inc. through the Internet site(s) 
       www.walcottcb.com (with an address listed on the site as 
       Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott, 
       IA) offered for sale, the following thirty-four (34) non-
       certified Citizens Band transceivers: 

       NAME       MODEL         PRICE    DESCRIPTION 
       Connex     3300HP        $229.95  Echo Board with Two 
Controls
       Connex     3300HPCF      $239.95  Echo Board with Two 
Controls
       Connex     4400HP        $274.95  Echo Board with Dual 
Controls
       Connex     4800DXL       $374.95  Echo Board with Dual 
Control
       Connex     Coyote Hunter $189.95  AM/FM/PA modes
       Connex     Deerhunter    $149.95  AM/FM/PA modes
       Galaxy     DX33HML       $219.95   
       Galaxy     DX44V         $239.95   
       Galaxy     DX45MP        $289.95  
       Galaxy     48T           $399.95   
       Galaxy     DX55V         $209.95   
       Galaxy     DX66V         $299.95   
       Galaxy     DX73V         $349.95  
       Galaxy     DX77HML       $299.95   
       Galaxy     DX88HL        $369.95   
       NAME       MODEL         PRICE    DESCRIPTION   
       Galaxy     DX93T         $449.95  
       Galaxy     DX99V         $399.99   
       General    Grant         $399.95   
       General    A.P. Hill     $174.95   
       General    Lee           $229.95   
       General    Longstreet    $269.95   
       General    Washington    $229.95   
       Magnum     357DX         $379.95  
       Magnum     DeltaForce    $269.95  
       President  Lincoln       $344.95  
       Ranger     RCI-2950DX    $319.95  10 & 12 meter  
       Ranger     RCI-2970DX    $449.95  10 & 12 meter
       Ranger     RCI-2980WX    $429.95  Base AM-FM-SSB modes
       Ranger     RCI-2985DX    $444.95  10 & 12 meter base AM-FM-
SSB-CW
       Ranger     RCI-2995DX    $554.95  10 & 12 meter base AM-FM-
SSB-CW 
       Ranger     RCI-6300F-25  $299.95  AM-FM modes
       Ranger     RCI-6300F-150 $449.95  AM-FM modes
       Ranger     RCI-6900F-25  $339.95  AM-FM-SSB modes
       Ranger     RCI-6900F-150 $489.95  AM-FM-SSB modes
       

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. Lamont 
       Davidson d.b.a. Walcott CB Sales, Inc's offer for sale of 
       these devices violates both sections. 

     4.   Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc. 
       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. Lamont Davidson d.b.a. 
       Walcott CB Sales, Inc. 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. Lamont Davidson d.b.a. Walcott CB Sales, Inc. may 
       request a personal interview at the closest FCC location to 
       its place of business,11 namely: 

                    Federal Communications Commission
                    Park Ridge Office Center, Suite 306
                    1550 Northwest Highway
                    Park Ridge, Illinois  60068-1460 

which can  be contacted  by  telephone at  XXX  XXX-XXXX.  He  must 
schedule this interview to take place within 14 days of the date of 
this citation.  Mr. Lamont  Davidson d.b.a. Walcott CB  Sales, Inc. 
may submit a written statement  within 14 days of the  date of this 
citation to the following address: 

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

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-DL-040 and 
citation number C20043250002 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:Federal Communications Commission
   Park Ridge Office Center, Suite 306  
   1550 Northwest Hwy
   Park Ridge, IL  60068-1460

   Federal Communications Commission
   Second Floor
   520 NE Colbern Rd
   Lee's Summit, MO  64086


_________________________

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