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                             FEDERAL COMMUNICATIONS COMMISSION
                                            ENFORCEMENT BUREAU
                                                ATLANTA OFFICE

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

May 4, 2004

Appalachia  Electronics CB Shop                 FILE No.: EB-
04-AT-069
ATTN:  Mr. Gary Linder                                               
Sent via Certified
615 Watt Road                                                               
Return Receipt requested and
Knoxville, TN   37992                                                   
First Class mail

                    CITATION                    Citation No.: 
C200432480002
                                         Released:  May 4, 
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. Gary Linder,  owner of Appalachia 
Electronics CB Shop, Knoxville, Tennessee, for violation of 
Section 302(b) of the Act, 2 and Sections 2.803(a)(1) of the 
Commission's Rules.3

          2. An investigation by the FCC's Atlanta Office 
revealed that on April 27, 2004, you offered for sale at your 
retail store located at 615 Watt Road, Knoxville, Tennessee, 
Alabama, four models of non-certified Citizens Band 
transceivers, namely, three  Connex  models 3300 HP, and one 
Galaxy model 66.  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...''

          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.  

     5.  Furthermore, the Commission has revised Section 
2.1204(a)(5)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.    In addition to the marketing of the non-certified 
transceivers addressed above, Mr. Gary Linder, owner of 
Appalachia Electronics C.B. Shop, is warned that Section 
302(b) and Section 2.815(c)6 of the Commission's Rules 
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)7 of the Commission's Rules 
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.

      7.   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 violation8, 
seizure of equipment through in rem forfeiture action, and 
criminal sanctions including imprisonment.9
   

     8.   Mr. Gary Linder may request a personal interview at 
the closest FCC location to its place of business10, 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-069 and Citation 
number C200432480002 should be referenced.







     9.    Any statement or information provided may be used 
by the Commission to determine if further enforcement action 
is required.11  Any knowingly or willfully false statement 
made in reply to this notice is punishable by fine or 
imprisonment.12



                         FEDERAL COMMUNICATIONS COMMISSION





                              Fred L. 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), 95.655(a) &2.925(a)
5 47 C.F.R.  2.1204(a)(5) revised effective February 28, 
2000
6 47 C.F.R.  2.815(c)
7 47 C.F.R.  2.815(b)
8 See 47 C.F.R.  1.80(b)(3)
9 See 47 U.S.C.  401, 501, 503, 510
10 See 47 U.S.C.  503(b)(5)
11 See Privacy Act of 1974, 5 U.S.C.  552a(e)(3) 
12 See U.S.C.  1001