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


Mr. Brandon Smith                                 File No.: EB-04-
DL-033
Mr. John Jackson                                  Citation: 
C20043250003
d.b.a. Wholesale CB Radio                         Sent via 
Certified
5320 North Hwy 97                                 Return Receipt 
Requested
Sand Springs, OK  74063                           and First Class 
U.S. Mail


                             CITATION

                                           Released: August 6, 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 Messrs. Brandon Smith and John Jackson d.b.a. 
       Wholesale CB Radio for violation of Section 302(b) of the 
       Act,2 and Sections 2.803(a)(1) and 2.815(b)&(c) of the 
       Commission's Rules.3  

     2.   An investigation by the FCC's Dallas Office revealed that 
       the Internet domain name wholesalecbradio.com is registered 
       to Smith & Jackson, Inc., 1032 N. Birch, Sand Springs, OK  
       74063 with John Jackson, brandonjjgs@AOL.COM, Smith & 
       Jackson Inc., 1032 N. Birch, Sand Springs, OK  74063 listed 
       as the administrative and technical contact.  Furthermore, 
       on July 29, 2004, Messrs. Brandon Smith and John Jackson 
       d.b.a. Wholesale CB Radio through the Internet site 
       www.wholesalecbradio.com (with an address currently listed 
       on the site as ``Wholesale CB Radio, 5320 North Hwy 97, Sand 
       Springs, OK  74063'', but previously listed as ``1032 N. 
       Birch, Sand Springs, OK  74063'') offered for sale, the 
       following fifty-five (55) non-certified Citizens Band 
       transceivers: 

      NAME       MODEL         PRICE   DESCRIPTION 
      Connex     3300          $179.99 ``Export CB Radio'', 
``AM/FM'', ``Band Switch''
      Connex     3300LE        $189.99 ``Export CB Radio'', 
``AM/FM'', ``Band Switch``
      Connex     3300HP        $214.99 ``Export CB Radio'', ``Band 
Switch-Hi/Low''
      Connex     3300HP LE     $229.99 ``Export CB Radio'', ``Band 
Switch-Hi/Low''
      Connex     3300HP Patriot Ed     $219.99    ``Export CB 
Radios'', ``25.615-28.305'', 6 bands
      Connex     4400HP        $229.99 ``Export CB Radio'', ``over 
300 channels''
      Connex     4800DXL       $309.99 ``Export CB Radio'', ``12 
Bands''
      Connex     Coyote Hunter $169.99 ``Export CB Radio'', ``5 
band, selector''
      Connex     Deer Hunter   $159.99 ``Export CB Radio'', ``3 
band''
      Galaxy     DX33HML       $169.99 ``Export Radio'' 
      Galaxy     DX44V         $199.99 ``Export Radio''
      Galaxy     DX45MP        $229.99 ``CB Radio'', ``Band 
selector (8 pos)''
      Galaxy     48T           $349.99 ``CB Radio'', ``50 watts for 
AM and FM'' 
      Galaxy     DX55V         $179.99 ``Export Radio'' 

      NAME       MODEL         PRICE   DESCRIPTION     
      Galaxy     DX66V         $259.99 ``Export Radio'', ``8 
Watts''
      Galaxy     DX77HML       $239.99 ``Export Radio'', 10w AM / 
25w SSB 
      Galaxy     DX88HL        $319.99 ``CB Radio'', ``band 
switch'' 
      Galaxy     DX93T         $389.99 ``CB Radio'', 20w AM/FM, 50w 
SSB
      Galaxy     DX95T         $429.99 ``Export CB Radio'', 200w 
PEP AM&SSB
      Galaxy     DX99V         $349.99 ``CB Radio'', ``band 
control'' 
      Galaxy     DX 2517       $449.99 ``Base Export CB Radio'', 
``band select''
      General    Grant         $439.99 ``Export Radio'', ``12 Bands 
of 40 Channels''
      General    A.P. Hill     $189.95 ``Export Radio'', ``6 Bands 
of 40 Channels''
      General    Stonewall Jackson     $529.99    ``10 Meter Export 
Base'', ``Mods included''
      General    Lee           $209.99 ``Export Radio'', ``6 Bands 
of 40 Channels''
      General    Longstreet    $239.99 ``Export Radio'', ``6 Bands 
of 40 Channels'' 
      Magnum     257           $199.99 ``10 Meter CB Radio'', ``30 
watts output power''
      Magnum     357 DX        $369.99 ``10 Meter CB Amateur 
Radio'' 
      Magnum     DeltaForce    $239.99 ``10 Meter CB Radio'' 
      Magnum     Megaforce S45 $279.99 ``10 Meter CB Radio'' 
      Magnum     S-3           $219.99 ``10 Meter CB Radio'' 
      Magnum     S-9           $339.99 ``10 meter Radio'', 9w AM / 
40w SSB/FM
      Magnum     S 3200        $299.99 ``10 Meter Export has 8 
bands of Channels''
      Maverick   A24           $204.99 ``10 Meter CB Radio'', 
``AM/FM Modes''
      Mirage     44            $209.95 ``Export CB Radio has 361 
AM/FM Channels'' 
      Mirage     88            $319.95 ``Export CB Radio'', 361 
channels 
      Mirage     2950 EX       $289.95 ``Export CB Radio'', 8w 
AM/FM, 25w SSB 
      Mirage     6600          $259.95 ``Export CB Radio'', 
``AM/FM'', ``Band switch''
      Mirage     9900 HP       $349.95 ``Export CB Radio has 361 
Channels''
      President  HR-2510               Used
      Ranger     R.C.I. 2950 DX        $299.99    ``Export 10 
meter'', ``30watts'', ``CB/PA''
      Ranger     R.C.I. 2970 DX        $419.99    ``Export 10 
meter'', ``100watts+'', ``CB/PA''
      Ranger     RCI-2980WX    $479.95 ``CB Radio'', base, 10w 
AM/FM/CW, 25w SSB
      Ranger     RCI-2985      $474.95 ``Export CB Radio'', base, 
AM/FM/CW, SSB
      Ranger     RCI-2995DX    $594.95 ``Export CB Radio'', base 
50w / 150w       Ranger        RCI-6300 F25  $279.99   ``Export CB 
Radio'', ``Band selector (12 pos)''
      Ranger     RCI-6300 F150 $399.99 ``Export CB Radio'', 
``100watts+''
      Ranger     RCI-6900 F25  $309.99 ``Export CB Radio'', ``40w''
      Ranger     RCI-6900 F150 $439.99 ``Export CB Radio'', 
``100watts+''
      Ranger     SS 3900GHP    $189.99 ``Export'', ``CB Radio'', 
``Band selector (6)''
      Ranger     SS 3900GHP-M  $199.99 ``Export'', ``CB Radio'', 
``Band selector (6)''
      Superstar  121           $159.99 ``Export CB Radio'', ``band 
switch''
      Superstar  Chrome Face   $194.99 ``360 Channels'', ``channel 
9 switch''
      Superstar  SS 3900HP Gold        $229.99    ``Export CB 
Radio'', ``Band Selector (A-F)''
      Voyage     VR 9000       $239.99 ``Export CB Radio'', 12w AM 
/ 25w PEP
       

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 ....''  Messrs. Brandon 
       Smith's and John Jackson's (d.b.a. Wholesale CB Radio) offer 
       for sale of these devices violates both sections. 

     4.   Messrs. Brandon Smith and John Jackson d.b.a. Wholesale 
       CB Radio marketed these devices as amateur and/or Citizens 
       Band 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, Messrs. Brandon Smith and John 
       Jackson d.b.a. Wholesale CB Radio are 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.  Non-certified External RF Power Amplifiers 
       requiring certification include, but are not limited to, the 
       following brands: Boomer, Cobra, Comet, Galaxy, Golden 
       Eagle, Intruder, KL, KLV, Magna Force, Messenger, Palomar, 
       RM, Sandman, Shockwave, Skipper, Tennessee Walker, Texas 
       Star, TNT and XForce.  

     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.   Messrs. Brandon Smith and John Jackson d.b.a. Wholesale 
       CB Radio 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  XXX XXX-XXXX.   They must 
schedule this interview to take place within 14 days of the date of 
this citation.   Messrs.  Brandon  Smith  and John  Jackson  d.b.a. 
Wholesale CB Radio 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-033 and citation number 
C20043250003 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. Brandon Smith 
   Mr. John Jackson 
   d.b.a. Wholesale CB Radio 
   1032 Birch 
   Sand Springs, OK  74063 
_________________________

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