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


Clay Allen Thompson                               File No.: EB-04-
DL-257
Clay Thompson, Inc.                               Citation: 
C20053250004
d.b.a. Clay's Little Radio Shop                   Sent via 
Certified
70503 IH-20                                       Return Receipt 
Requested
Mingus, TX  76463                                 and First Class 
U.S. Mail


                             CITATION

                                         Released: November 8, 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 Clay Allen Thompson and Clay Thompson, Inc., 
       d.b.a. Clay's Little Radio Shop 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 Dallas Office revealed that 
       the Internet domain name claysradioshop.com is registered to 
       Clay's Little Radio Shop, 70503 IH20, Mingus, TX  76463.  
       Furthermore, on November 4, 2004, Clay Allen Thompson / Clay 
       Thompson, Inc., d.b.a. Clay's Little Radio Shop through the 
       use of Internet site www.claysradioshop.com (with the name 
       and address currently listed on the site as ``Clay's Radio 
       Shop, 70503 IH-20, Gordon, TX  76453''), offered for sale 
       the following twenty-six (26) non-certified Citizens Band 
       transceivers: 

      NAME       MODEL         PRICE   DESCRIPTION 
      Connex     3300          $179.95 ``6 Bands of Operation'', 
``Echo''
      Connex     3300 CF       $215.95 ``6 Bands of Operation'', 
``Echo'' 
      Connex     3300 HP       $206.95 ``6 Bands of Operation'', 
``Echo'' 
      Connex     3300 USF      $215.95 ``6 Bands of Operation'', 
``Echo'' 
      Connex     4400 High Power       $229.95    ``8 Bands of 
Operation'', ``Echo'' 
      Connex     4800 HPE      $314.95 ``12 Bands of Operation'', 
``Echo''  
      Galaxy     DX-33HML      $179.95 ``6 Band AM/FM'',  ``Built 
in Echo''
      Galaxy     DX-44         $197.95 ``8 Band AM/FM'', ``Built in 
Echo'' 
      Galaxy     DX 48T        $386.95 ``8 Band 150 watt AM/FM'' 
      Galaxy     DX-55V        $179.95  
      Galaxy     DX66V         $251.95 ``8 Band AM/FM'', ``Built in 
Echo'' 
      Galaxy     DX 73V        $278.95 ``8 Band AM/FM'', Robo 
Voice''  
      Galaxy     DX-77HML      $242.95 ``6 Band AM/FM/SSB'', 
``Built in Echo''  
      Galaxy     DX 88HL       $332.95 ``8 Band AM/FM/SSB'', 
``Built in Echo'' 
      Galaxy     DX 93T        $413.95       NAME       MODEL         PRICE   DESCRIPTION     
      Galaxy     DX 95T        $449.95 
      Galaxy     DX99V         $359.95 ``8 Band AM/FM/SSB'', 
``Voice Changer'' 
      General    Grant         $439.95 ``12 Band AM/FM/SSB/CW'' 
      General    Stonewall Jackson     $649.95     
      General    Lee           $229.95 ``6 Band AM/FM'', ``Echo'' 
      Ranger     RCI 2950      $299.95 
      Ranger     RCI 2970DX    $429.95 ``150W SSB, 50W AM/FM/CW'' 
      Ranger     RCI 6300F25   $299.95 ``12 Bands of Channels'', 
Echo''  
      Ranger     RCI 6300 F150 $429.95 ``12 Bands of Channels'', 
Echo''   
      Ranger     RCI 6900 F25  $339.95 ``12 Bands of Channels'', 
``Echo'' 
      Ranger     RCI 6900 F150 $449.95 ``12 Bands of Channels'', 
``Echo''  

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 ....''  Clay Allen 
       Thompson / Clay Thompson, Inc., d.b.a. Clay's Little Radio 
       Shop offered these devices for sale in violation of both 
       sections. 

     4.   Clay Allen Thompson / Clay Thompson, Inc., d.b.a. Clay's 
       Little Radio Shop 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, Clay Allen Thompson / Clay 
       Thompson, Inc., d.b.a. Clay's Little Radio Shop 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. 

     8.   Subsequent violations of the Communications Act and/or 
       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.   Clay Allen Thompson / Clay Thompson,  Inc., d.b.a. Clay's 
       Little Radio  Shop 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. Clay  Allen  Thompson /  Clay Thompson,  Inc., 
d.b.a. Clay's  Little Radio  Shop  may submit  a written  statement 
within 14 days of  the date of  this Citation to the  same address.  
Any written statement should  specify what actions have  been taken 
to correct  the violation(s)  outlined  above.  When  corresponding 
with the Commission, case  number EB-04-DL-257 and  citation number 
C20053250004 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
                                   FCC Enforcement Bureau

LRB 
Cc:Mr. Clay Allen Thompson  
   Clay Thompson, Inc.  
   d.b.a. Clay's Little Radio Shop 
   70503 IH-20  
   Gordon, TX  76453 

   Mr. Clay Allen Thompson 
   d.b.a. Clay's Little Radio Shop 
   3972 Lazy Bend Rd. 
   Millsap, TX  76066-3823 


_________________________

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