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.

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






1
     Federal Communications Commission
            Enforcement Bureau
           Seattle Field Office
       11410 NE 122nd Way, Suite 312
         Kirkland, WA  98034-6927
         1-888-CALL FCC (225-5322)


The Quack Shack                                            
FILE No.: EB-04-ST-090
www.thequackshack.com                                  Sent 
via Certified
226 5th St. SE                                                                                             
Return Receipt requested and
Soap Lake, WA  98851                                                                             
First Class mail

                          CITATION

Citation No.: C20043298002                                                             
Released:  May 7, 2004
                                                   

By the Enforcement Bureau, Seattle Office

      1. This is an Official Citation issued pursuant to 
Section 503(b) of  The Communications Act of 1934, as 
amended (``Act''), 1 to The Quack Shack,  for violation of 
Section 302(b) of the Act, 2 Section 2.803(a)(1), Section 
2.815(b), and Section 2.815(c) of the Commission's Rules.3

      2. An investigation by the FCC's Seattle Office 
revealed that on May 4, 2004, you offered for sale through 
your Internet site thequackshack.com, non-certified Citizens 
Band (CB) transceivers, namely, Galaxy Models DX series, 
Amateur service transceivers, namely, RCI Models- 
(modifiable) for CB use, and  External Radio Frequency Power 
Amplifiers (or amplifier kits) for CB use. 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 ``No 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...''

  The Quack Shack's offer for sale of these devices violates 
  both sections.

     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.  The Galaxy model CB transceivers previously 
mentioned were identified as having the modification or the 
capability to enable dual use of CB and amateur frequencies.  
These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX44T; 
Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy 
DX77HML.   

    5.  Furthermore, the Commission has revised Section 
2.1204(a)(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, The Quack Shack is warned that 
Section 302(b) and Section 2.815(c)5 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 below 144 MHz. 
Furthermore, Section 2.815(b)6 of the Commission's Rules 
prohibits the marketing of External Radio Frequency Power 
Amplifiers (or amplifier kits) capable of operating on any 
frequency 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 violation, 
seizure of equipment through in rem forfeiture action, and 
criminal sanctions including imprisonment.

    8.   The Quack Shack may request a personal interview at 
the closest FCC location to its place of business, namely:

     Federal Communications Commission
     11410 N.E. 122nd Way    Suite 312
              Kirkland, WA     98034- 6927

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-ST-090 
should be referenced.

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


                         FEDERAL COMMUNICATIONS COMMISSION



                              Dennis J. Anderson
                              District Director, Seattle 
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), 2.815(b), & 2.815(c)
4 See 47 C.F.R.  95.409(a) & 2.925(a)
5 47 C.F.R.  2.815(c)
6  47 C.F.R.  2.815(b)