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



In the Matter of                )       
                                )       
Litchfield Radio                )            File  No.  EB-04-DT-
329
                                )
Litchfield, OH                  )            Citation         No. 
C20053236002                            )    

                            CITATION
                                             Released: September 
9, 2005
                                                                                                     

By the District Director, Detroit Office, Northeast Region, 
Enforcement Bureau:

  1.      This is an Official Citation issued pursuant to Section 
     503(b)(5) of  the Communications  Act  of 1934,  as  amended 
     (``Act''),1  to   Litchfield  Radio   (``Litchfield'')   for 
     violation  of  Section  302(b)  of  the  Act,2  and  Section 
     2.803(a)(1) of the Commission's Rules (``Rules'').3

  2.      An investigation  by  the Commission's  Detroit  Office 
     revealed that on July 21, 2005, Litchfield Radio offered for 
     sale at its  store in Litchfield,  Ohio, the following  non-
     certified Citizens Band (``CB'') transceivers:

      NAME       MODEL         PRICE      

      Cobra      150 GTL DX    $199.95
      Connex     CX 3300       $209.95           
      Connex     CX 3300 HP    $249.95  
      Connex     CX 4300 HP    $309.95 
      Galaxy     DX 33 HML     $209.95  
      Galaxy     DX 44V        $229.95  
      Galaxy     DX55V         $209.95  
      Galaxy     DX66V         $279.95  
      Galaxy     DX 93T        $449.95  
      Galaxy     DX99V         $389.95  
      Galaxy     DX2517        $499.99 
      General    Stonewall Jackson     $599.59    
      General    Lee           $249.95 
      General    Longstreet    $269.95
      Magnum     M-1           $249.95
      Magnum     S-3           $249.95
      Magnum     S-6           $299.95
      Magnum     S-9           $359.95

      NAME       MODEL         PRICE      

      Ranger     RCI-6300 OF   $499.95
      Ranger     RCI-6900 F    $369.95  
      RCI        2950 DX       $289.95 
      RCI        2970 DX       $429.95 
      SuperStar  SS-122        $129.95

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 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....''  CB  transmitters 
     must be  certified  pursuant  to Section  95.603(c)  of  the 
     Rules.4   Litchfield's  offer  for  sale  of  these  devices 
     violates both sections. 

  4.      Litchfield   marketed   these   devices   as    amateur 
     transceivers.  The Commission, however,has evaluated  radio 
     frequency devices similar to those listed in paragraph 2 and 
     concluded that  the devices  at issue  are CB  transmitters, 
     becausethey can easily be altered for use as CB devices.  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.5  The  Commission  has  concluded  thatamateur 
     transceivers that "have a built-in capability to operate  on 
     CB frequencies and  can easily be  altered to activate  that 
     capability, such as by moving  or removing a jumper plug  or 
     cutting a single wire''fall within  the definition of a  CB 
     transmitter and 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 Rules  states 
     ``....([CB] Transmitters with  frequency capability for  the 
     Amateur Radio  Services....will  not be  certificated).''  6  
     See also FCC 88-256, 1988 WL488084 (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 Rules7 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.      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,8 
     seizure of equipment through  in rem forfeiture action,  and 
     criminal sanctions including imprisonment.9 

  8.      Litchfield may  request  a personal  interview  at  the 
     Commission's Field  Office nearest  his place  of  business.  
     The nearest  office is  the Detroit  Office, 24897  Hathaway 
     Street, Farmington Hills, Michigan 48335-1552, which you may 
     contact  by  telephone  at  XXX-XXX-XXXX.   Litchfield  must 
     schedule this interview to  take place within fourteen  (14) 
     days  of  the   date  of   this  citation.    Alternatively, 
     Litchfield may submit  a written  statement within  fourteen 
     (14) days of the date of this citation to the above address.  
     Any written statement should specify what actions have  been 
     taken to  correct  the violations  outlined  above.   Please 
     reference  case  number  EB-04-DT-329  and  citation  number 
     C20053236002 when corresponding with the Commission.  

  9.      This Citation shall be sent First Class U.S. Mail  and, 
     Certified Mail,  Return  Receipt  Requested,  to  Litchfield 
     Radio at its address of record.

  10.     The Privacy Act of 197410  requires that we advise  you 
     that  the  Commission   will  use   all  relevant   material 
     information before it,  including any information  disclosed 
     in your reply, to determine what, if any, enforcement action 
     is required to ensure compliance.  Any false statement  made 
     knowingly  and  willfully  in  reply  to  this  Citation  is 
     punishable by fine  or imprisonment  under Title  18 of  the 
     U.S. Code.11  Please be  advised that if  you choose not  to 
     respond to this  Citation and a  forfeiture is issued,  your 
     unresponsiveness will be considered  in our assessment of  a 
     forfeiture amount.

                                                          FEDERAL 
     COMMUNICATIONS COMMISSION



                                                   James A. 
                            Bridgewater
                                                   District 
                            Director

_________________________

147 U.S.C.  503(b)(5)
247 U.S.C.  302(b)
347 C.F.R.  2.803(a)(1)
447 C.F.R.  95.603(c)
5See 47 C.F.R. 95.603(c); 47 C.F.R. 2.803
647 C.F.R.  95.655(a); see also FCC 88-256, 1988 WL488084 
(August 17, 1988).  
747 C.F.R.  2.1204(a)(5) revised effective February 28, 2000.
8See 47 U.S.C.  503(b)(2)(C); 47 C.F.R.  1.80(b)(3)
9See 47 U.S.C.  401, 501, 503, 510
10P.L. 93-579, 5 U.S.C.  552a(e)(3)
1118 U.S.C.  1001 et seq.