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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                  )
                                                           )
Hightech CB Shop                  )      File Number EB-05-TP-066
8391 U.S. 301 South,              )     NAL/Acct. No.200532700009
Jacksonville, Florida 32234       )                FRN 0013520705
                                 )

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released: May 24, 
2005 

By the  District  Director,  Tampa Field  Office,  South  Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that Hightech CB Shop (``Hightech'') 
apparently willfully and repeatedly violated Section 302(b) of 
the Communications Act of 1934, as amended (``Act''),1 and 
Section 2.803(a) of the Commission's Rules (``Rules'')2 by 
offering for sale a non-certified Citizens Band (``CB'') 
transceiver.3  We conclude, pursuant to Section 503(b) of the 
Act,4 that Hightech is apparently liable for a forfeiture in the 
amount of seven thousand dollars ($7,000).

II.  BACKGROUND

     2.   On May 9, 2001, the Commission's Tampa Office of the 
Enforcement Bureau (``Tampa Office'') issued a Citation to 
Hightech for violation of Section 302(b) of the Act and Sections 
2.803(a)(1)5 and 2.815(b)6 of the Rules by offering for sale RF 
linear amplifiers and non-certified CB transceivers at its CB 
shop located at 8391 U.S. 301 S., Jacksonville, Florida.

     3.   On December 13, 2004, the Tampa Office received a 
complaint about the marketing of illegal, non FCC certified 
devices by Hightech at its shop.

     4.   On February 4, 2005, agents from the Tampa Office 
visited the Hightech CB Shop and observed several radio 
transceivers offered for sale on display shelves.  One of the 
agents examined one of the radios, a Connex 3300 HP, and observed 
that the device did not have any markings or labels that 
identified the radio as an FCC certified device.  The agent told 
a shop employee that he was interested in making a purchase and 
requested more information about the radio.  The shop employee 
identified the transceiver as a 10-Meter Amateur Radio, Connex 
3300 HP model, and offered to sell the device to the agent for 
$239.00.  The shop employee stated that the Connex models could 
be easily modified to operate on CB frequencies, that the store 
accepted credit card payments, and that the radio could be 
delivered by mail. 

     5.   On February 7, 2005, an agent from the Tampa Office 
again visited the Hightech CB Shop and requested information 
about the Connex 3300 HP transceiver.  Shop employees offered to 
sell the Connex 3300 HP to the agent for $239.00.  

  III.    DISCUSSION

     6.   Section 503(b) of the Act provides that any person who 
willfully or repeatedly fails to comply substantially with the 
terms and conditions of any license, or willfully or repeatedly 
fails to comply with any of the provisions of the Act or of any 
rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term ``willful'' 
as used in Section 503(b) has been interpreted to mean simply 
that the acts or omissions are committed knowingly.7  The term 
``repeated'' means the commission or omission of such act more 
than once or for more than one day.8 

     7.   Section 302(b) of the Act provides that ``[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.''9  Section 2.803(a) of the Rules provides that: 
``Except as provided elsewhere in this section, 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 such device has been authorized 
by the Commission.''10  

     8.   CB radio transceivers are subject to the equipment 
authorization procedure known as Certification and must be 
certified and properly labeled prior to being marketed or sold in 
the United States.11  Unlike CB radio transceivers, radio 
transmitting equipment that transmits solely on Amateur Radio 
Service (``ARS'') frequencies is not subject to equipment 
authorization requirements prior to manufacture or marketing.  
However, some radio transmitters that transmit in a portion of 
the 10-meter band of the ARS (28.000 to 29.700 MHz) are equipped 
with rotary, toggle, or pushbutton switches mounted externally on 
the unit, which allow operation in the CB bands after completion 
of minor and trivial internal modifications to the equipment.  To 
address these radios, the Commission adopted changes to the CB 
type acceptance requirements by defining a ``CB Transmitter'' as 
``a transmitter that operates or is intended to operate at a 
station authorized in the CB.''12  Section 95.655(a) of the Rules 
also states that no transmitter will be certificated for use in 
the CB service if it is equipped with a frequency capability not 
listed in Section 95.625 of the Rules (CB transmitter channel 
frequencies).13

     9.   On May 9, 2001, the Tampa Office issued a Citation to 
Hightech for violation of Section 302(b) of the Communications 
Act, and Sections 2.803(a)(1) and 2.815(b) of Commission's Rules 
by, among other things, offering for sale a 10-Meter ARS radio 
that could be easily modified to operate on CB frequencies, i.e., 
a non-certified CB transceiver.  On February 4 and 7, 2005, an 
employee at the Hightech CB Shop offered to sell a non-certified 
CB transceiver, specifically a Connex 3300 HP, to an agent from 
the Tampa Office.  On February 4, 2005, an employee at the shop 
told the agent that the Connex 3300 HP could be easily modified 
to operate on CB frequencies.  Prior to the agent's visit to the 
shop, OET tested the Connex models 3300 and 3300 HP and 
determined that they were ARS transceivers that could be easily 
altered for use on CB frequencies.  Accordingly, the Connex 
3300HP is a CB transceiver that cannot be certified under the 
Rules.

     10.  Based on the evidence before us, we find that Hightech 
apparently willfully and repeatedly violated Section 302(b) of 
the Act and Section 2.803(a) of the Rules by offering for sale 
non-certified CB transceivers.

     11.  Pursuant to Section 1.80(b)(4) of the Rules,14 the base 
forfeiture amount for the marketing of unauthorized or non-
compliant equipment is $7,000.  In assessing the monetary 
forfeiture amount, we must also take into account the statutory 
factors set forth in Section 503(b) (2) (D) of Act, which include 
the nature, circumstances, extent, and gravity of the violation, 
and with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and other such matters 
as justice may require.15  Applying the Forfeiture Policy 
Statement, Section 1.80, and the statutory factors to the instant 
case, we conclude that Hightech is apparently liable for a $7,000 
forfeiture.

IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS ORDERED that, pursuant to Section 
503(b) of the Communications Act of 1934, as amended,16 and 
Sections 0.111, 0.311 and 1.80 of the Rules,17 Hightech CB Shop 
IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in 
the amount of seven thousand dollars ($7,000) for willful and 
repeated violation of Section 302(b) of the Act and Section 
2.803(a) of the Rules.

     13.  IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this NAL, Hightech CB Shop SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     14.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission. The payment must include the 
NAL/Acct. No. and FRN No. referenced above. Payment bycheck or 
money order may be mailed to Federal Communications Commission, 
P.O. Box358340,Pittsburgh, PA 15251-8340. Payment by overnight 
mail may be sent toMellon Bank/LB358340,500 Ross Street, Room 
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be 
made to ABA Number043000261, receiving bankMellon Bank, and 
account number911-6106.  Requests for payment of the full amount 
of this NAL under an installment plan should be sent to: Chief, 
Revenue and Receivable Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.18

     15.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Tampa Field 
Office, 2203 N. Lois Avenue, Suite 1215, Tampa, Florida 33607 
within thirty days of the date of this NAL and MUST INCLUDE THE 
NAL/Acct. No. referenced above.

     16.  The Commission will not consider reducing or canceling 
a forfeiture in response to a claim of inability to pay unless 
the petitioner submits: (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared 
according to generally accepted accounting practices (``GAAP''); 
or (3) some other reliable and objective documentation that 
accurately reflects the petitioner's current financial status.  
Any claim of inability to pay must specifically identify the 
basis for the claim by reference to the financial documentation 
submitted.

     17.      IT IS FURTHER ORDERED that a copy of this NAL shall 
be sent by regular mail and Certified Mail Return Receipt 
Requested to High Tech CB Shop, 8391 U.S. 301 South, 
Jacksonville, Florida, 32234.
                    
                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         District Director
                         Tampa Office
                         South Central Region
                         Enforcement Bureau
_________________________

147 U.S.C.  302a(b).

247 C.F.R.  2.803(a).

3CB radio operation is confined to forty specified channels from 
26.965 MHz to 27.405 MHz (carrier frequency).

447 U.S.C.  503(b).  

547 C.F.R.  2.803(a)(1).

647 C.F.R.  2.85(b).

7Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).

8Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'repeated', 
when used with reference to the commission or omission of any 
act, means the commission or omission of such act more than once 
or, if such commission or omission is continuous, for more than 
one day.'' 

947 U.S.C.  302a(b).

1047 C.F.R.  2.803(a). 

11See 47 C.F.R.  2.907, 2.927(a).

1247 C.F.R.  95.603(c) [FCC 88-256], amended changing ``type 
acceptance'' to ``certification'' [FCC 98-58].  See also Extended 
Coverage High Frequency Transceivers, Public Notice 62882, 1996 
WL 242469, available at 
<> (OET, rel. May 13, 1996).

1347 C.F.R.  95.655(a). 

1447 C.F.R.  1.80(b) (4).

1547 U.S.C.  503(b)(2)(D).

1647 U.S.C.  503(b).

1747 C.F.R.  0.111, 0.311, 1.80.

18See 47 C.F.R.  1.1914.