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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                 )                                
     Rod Irvin                        )    File No.: EB-06-PO-120      
     d/b/a D&R Communications, Inc.   )    Citation No.: C20073292001  
     Clackamas, Oregon                )                                


                                                  Released: November 16, 2006

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   1. This is an Official Citation issued pursuant to Section 503(b) of the
   Communications Act of 1934, as amended ("Act"), to Rod Irvin, d/b/a D&R
   Communications, Inc., for violation of Section 302(b) of the Act and
   Section 2.803(a)(1) of the Commission's Rules.

   2. An investigation by the Enforcement Bureau's Portland Resident Agent
   Office revealed that on September 5, 2006, Rod Irvin, d/b/a D&R
   Communications, Inc., offered for sale non-certified Citizens Band ("CB")
   transceivers, namely, Cobra 150 GTL DX and Cobra 200 GTL DX models.
   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 " 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..." Rod Irvin, d/b/a D&R Communications, Inc.'s
   offer for sale of these devices violates both sections.

   4. Dual use CB and amateur radios of the kind at issue here may not be
   certificated under the Commission's rules.

   5. 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.

   6. Rod Irvin, d/b/a D&R Communications, Inc. may request a personal
   interview at the closest FCC location to its place of business, namely:

   Federal Communications Commission

   Seattle District Office

   11410 NE 122^nd Way

   Suite 312

   Kirkland, WA 98034-6927

   which can be contacted by telephone at XXX XXX-XXXX. Rod Irvin, d/b/a D&R
   Communications, Inc. may also submit a written statement to the Seattle
   District Office at the address indicated above, within 30 days of the date
   of this Citation. Any written statements should specify what actions have
   been taken to correct the violations outlined above. When corresponding
   with the Commission, case number EB-06-PO-120 should be referenced.

   7. Any statement or information provided by you 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 Citation is
   punishable by fine or imprisonment.

   8. IT IS ORDERED that copies of this Citation shall be sent by First Class
   U.S. Mail and Certified Mail, Return Receipt Requested to Irvin, d/b/a D&R
   Communications, Inc., at his address of record.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 503(b)(5).

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

   47 C.F.R. SS 2.803(a)(1).

   Section 95.655(a) of the rules states: "[CB] Transmitters with frequency
   capability for the Amateur Radio Services....will not be certificated."
   See also Amendment of the Part 95, Subpart E, Technical Regulations in the
   Personal Radio Services Rules, 3 FCC Rcd 5032 (1988).

   See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).

   See 18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission