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


Mr. Jason Lawrence                                File No.: EB-04-
DL-156
Total Communications                              Citation: 
C20053250002
CB Radio Trader                                   Sent via 
Certified
106 E. Main                                       Return Receipt 
Requested
Wilburton, OK  74578                              and First Class 
U.S. Mail


                             CITATION

                                         Released: November 2, 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. Jason Lawrence / Total Communications / 
       CB Radio Trader 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 cbradiotrader.com is registered to 
       Total Communications, P.O. Box 761, Wilburton, OK 74578 with 
       Jason Lawrence, 909 West Main, Wilburton, OK  74578 listed 
       as the administrative and billing contact.  Furthermore, on 
       August 10, 2004, Mr. Jason Lawrence / Total Communications / 
       CB Radio Trader, through the Internet site 
       www.cbradiotrader.com (with an address currently listed on 
       the site as ``106 E. Main, Wilburton, OK  74578''), offered 
       for sale the following fifty-five (55) non-certified 
       Citizens Band transceivers: 

      NAME       MODEL         PRICE   DESCRIPTION 
      Connex     3300          $200.00 
      Connex     3300HP        $230.00 ``about 35 Watts PEP'' 
      Connex     3300HP AF     $230.00 ``same as the 3300 HP'' 
      Connex     3300HP Confederate    $230.00    ``same features 
as the 3300HP'' 
      Connex     4400HP        $250.00 ``8 Bands of 40 Channels'' 
      Connex     Deer Hunter   $170.00 ``3 Bands (120 Ch. Export 
Version)'' 
      Galaxy     DX33HML       $210.00 ``Export Radio'' 
      Galaxy     DX44V         $220.00 
      Galaxy     DX45MP        $240.00 
      Galaxy     DX48T         $390.00 ``CB Radio'', ``50 watts for 
AM and FM'' 
      Galaxy     DX55V         $195.00  
      Galaxy     DX66V         $275.00 
      Galaxy     DX73V         $290.00  
      Galaxy     DX77HML       $260.00  
      Galaxy     DX88HL        $340.00        NAME       MODEL         PRICE   DESCRIPTION     
      Galaxy     DX93T         $400.00 
      Galaxy     DX95T         $450.00 
      Galaxy     DX99V         $370.00  
      Galaxy     DX 2517       $475.00 
      General    Grant         $450.00 ``12 Bands of 40 Channels''
      General    Stonewall Jackson     $590.00    
      General    Lee           $220.00 
      Magnum     257           $220.00 
      Magnum     357 DX        $400.00  ``150 Watts'' 
      Magnum     A24           $235.00  
      Magnum     Alpha Force   $250.00  
      Magnum     Delta Force   $299.00  
      Magnum     Omega Force   $300.00  
      Magnum     Mini          $100.00  
      Magnum     S-3           $250.00 ``50 Watts'' 
      Magnum     S3200B        $300.00 ``3280 Channels''
      Mirage     44DX          out of stock  ``Export CB Radio has 
361 AM/FM Channels'' 
      Mirage     66            $230.00  
      Mirage     88            $260.00  
      Mirage     99            $280.00  
      President  Grant         $250.00 
      President  Jackson       $Out/Stock    
      President  JFK           $Out/Stock    ``HI/MID/LOW band 
selector'' 
      President  Lincoln       $350.00 ``Band selector'' 
      Ranger     RCI 2950DX    $320.00 
      Ranger     RCI 2970DX    $450.00 
      Ranger     RCI-2980 WX   $450.00 
      Ranger     RCI-2985 DX   $480.00 
      Ranger     RCI-2995 DX   $580.00 
      Ranger     RCI-6300 F25  $300.00 
      Ranger     RCI-6300 F150 $450.00 
      Ranger     RCI-6900 F25  $340.00 
      Ranger     RCI-6900 F150 $490.00 
      Ranger     SS 3900       $150.00 
      Ranger     SS 3900EGHP   $220.00 ``. . . has dual echo 
control''
      Ranger     SS 3900GHP    $200.00 
      Ranger     VR9000        $250.00 
      Super Star 121           $155.00 ``120 Channel Design''
      Super Star 122           $120.00 ``120 Channel Design''
      Super Star 3900HP        $190.00 ``25 Watts''
       

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. Jason 
       Lawrence's (d.b.a. Total Communications and CB Radio Trader) 
       offer for sale of these devices violates both sections. 

     4.   Mr. Jason Lawrence (d.b.a. Total Communications and CB 
       Radio Trader) marketed these devices as amateur and/or 
       Citizens Band transceivers.  The Commission has evaluated 
       radio frequency 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. Jason Lawrence (d.b.a. 
       Total Communications and CB Radio Trader) 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.  Non-certified External RF Power Amplifiers 
       requiring certification include, but are not limited to, the 
       following brands: Hornet, Silver Streak, Texas Star and 
       Twister.  

     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. Jason Lawrence (d.b.a. Total Communications and CB 
       Radio Trader) 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.  He  must 
schedule this interview to take place within 14 days of the date of 
this citation.  Mr. Jason Lawrence (d.b.a. Total Communications and 
CB Radio Trader) 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-156 and citation number 
C20053250002 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. Jason Lawrence 
   Total Communications 
   CB Radio Trader 
   909 West Main 
   Wilburton, OK  74578 

   Mr. Jason Lawrence 
   Total Communications 
   CB Radio Trader 
   P.O. Box 761 
   Wilburton, OK  74578

   Mr. Jason F. Lawrence, KC5YEB 
   Total Communications 
   CB Radio Trader 
   Rt. 2, Box 94 
   Wilburton, OK  74578-9615

   Mr. Jason F. Lawrence 
   Total Communications 
   CB Radio Trader 
   1210 Battles Rd 
   Wilburton, OK  74578  


_________________________

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