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


In the Matter of                        )
                              )    File No.: EB-05-AT-023
Chad Jolley                                )
                              )    Citation No.: 
C20063248001
Sparta, Tennessee 38583            )


                          CITATION

                                 Released:  October 14, 2005

By the District Director, Atlanta Office, South Central 
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 Chad Jolley for violation of 
   Section 302(b) of the Act, and Sections 2.803(a)(1) and 
   2.815(b) and (c) of the Commission's Rules (``Rules'').2

2.        Investigation by the Commission's Atlanta Office 
   of the Enforcement Bureau (``Atlanta Office'') revealed 
   that on August 2, 2005, Mr. Jolley offered for sale in 
   the Beavis CB & PC Shop the following twenty-eight (28) 
   non-certified Citizens Band (``CB'') transceivers:

                 NAME /MODEL       PRICE
                 Magnum S-3                  $255.00
                 Magnum S-9                  $350.00
                 Galaxy 95T                  $489.95
                 Galaxy 93T                  $459.95
                 Galaxy 33 HML          $225.00
                 Galaxy 44V                  $245.00
                 Galaxy 55V                  $255.00
                 Galaxy 66V                  $285.00
                 Galaxy 73V                  $385.00
                 Galaxy 77 HML          $285.00
                 Galaxy 88 HML          $355.00
                 Galaxy 99V                  $415.00
                 Galaxy DX2517          $565.00
                 Gen. Stonewall Jackson      $695.00
                 Gen. A.P. Hill              $225.00
                 Gen. Lee                         $250.00
                 Connex 4400HP          $285.00
                 Connex HP                   $245.00
                 Connex                           $225.00
                                                  Northpoint                              
$215.00
                 Ranger 6900                 $320.00
                 RCI 6300                    $295.00
                 Ranger 2950                 $275.00
                 RCI 2970DX                  $445.00
                 Uniden 18XL                 $110.95
                 Mexican 3900HP         $215.00
                 American 3900HP        $245.00
                 Voyager VR9000         $270.00

According to the Commission's records, these devices have 
not received an FCC equipment authorization, which is 
required for CB transmitters marketed in the United States.

3.        Section 302(b) of the Act states ``[n]o person 
   shall manufacture, import, sell, offer for sale, or ship 
   devices or home electronic equipment or systems, or use 
   devices, which fail to comply with regulations 
   promulgated pursuant to this section.''  Section 
   2.803(a)(1) of the Rules states that ``[i]n the case of a 
   device subject to certification, the device is being 
   offered for sale after such device has been authorized by 
   the Commission in accordance with the Rules.''   An agent 
   from the Atlanta Office observed twenty-eight non-
   certified CB transmitters being offered for sale at the 
   Beavis CB & PC Shop, in violation of both of these 
   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 Rules3 
   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 
CB transceiver models previously mentioned were identified 
as having the modification or the capability to enable dual 
use of CB and amateur frequencies.

5.        In addition to the marketing of the non-certified 
   CB transceivers addressed above, Mr. Jolley is warned 
   that Section 302(b) of the Act, and Section 2.815(c) of 
   the Rules4 require FCC type acceptance (or Certification) 
   of External Radio Frequency Power Amplifiers (or 
   amplifier kits) capable of operation on any frequencies 
   below 144 MHz.  On August 2, 2005, an agent from the 
   Atlanta Office observed Mr. Jolley offer for sale at the 
   Beavis CB & PC Shop non-certified External RF power 
   amplifiers capable of operation frequencies between 24 
   and 35 MHz with the following brand names:  Magnum, Texas 
   Star, Brute Force, X-Force, Silver Streak and Palomar.  

6.        Furthermore, the Commission has revised Section 
   2.1204(a)(5) of the Rules5 to prohibit all marketing 
   and/or offering for sale in the United States of such 
   devices even when the seller(s) had provided assurances  
   that the transceivers are being sold solely for export.  
   ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE 
   COMMUNICATIONS ACT OF 1934, AS AMENDED AND THE 
   COMMISSION'S RULES.

             7.          Violations of the Act or the Rules 
may subject the violator to substantial monetary 
forfeitures,6 seizure of equipment through in rem forfeiture 
action, and criminal sanctions, including imprisonment.7

            8.      Mr. Jolley may request an interview at 
the closest FCC Office, which is Federal Communications 
Commission, Atlanta Office 3575 Koger Blvd, Suite 320, 
Duluth, GA  30096.8  You may contact this office by 
telephone, (770) 935-3370, to schedule this interview, which 
must take place within 14 days of this Citation.  Mr. Jolley 
may also submit a written statement to the above address 
within 14 days of the date of this Citation.  Any written 
statements should specify what actions have been taken to 
correct the violation[s] outlined above.  Please reference 
file number EB-05-AT-023 when corresponding with the 
Commission.

            9.      Any statement or information provided by 
you may be used by the Commission to determine if further 
enforcement action is required.9  Any knowingly or willfully 
false statement made in reply to this Citation is punishable 
by fine or imprisonment.10

          10.       IT IS ORDERED that copies of this 
Citation shall be sent by First Class U.S. Mail and 
Certified Mail, Return Receipt Requested to Chad Jolley at 
his address of record and to the Beavis CB & PC Shop.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office 
                         FCC Enforcement Bureau
_________________________

147 U.S.C.  503(b)(5).
247 U.S.C.  302a(b); 47 C.F.R.  2.803(a)(1) and 2.815(b) 
& (c).
347 C.F.R  95.655(a).
447 C.F.R.  2.815(c).
547 C.F.R.  2.1204(a)(5).
647 C.F.R.  1.80(b)(3).
747 U.S.C.  401, 501, 503, 510.
847 U.S.C.  503(b)(5).
9See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
10See 18 U.S.C.  1001 et seq.