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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-04-DL-034

   Stephen L. Tork )

   ) Citation No.: C20063250001

   d.b.a. Hotshot CB II )

   d.b.a. Hotshot's CB Shop )


   Pauls Valley, Oklahoma 73075 )


                                                 Released: September 29, 2006

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"),  to Stephen L.
       Tork d.b.a. Hotshot CB II ("Stephen L. Tork") for violation of Section
       302(b) of the Act, and Sections 2.803(a)(1), 2.815(b) and 2.815(c) of
       the Commission's Rules ("Rules").

    2. Investigation by the Commission's Dallas Office of the Enforcement
       Bureau ("Dallas Office") revealed that on July 21, 2006, Stephen L.
       Tork offered for sale non-certified Citizens Band ("CB") transceivers,
       namely, Galaxy models DX55V and DX48T, Superstar model 121, General
       model AP Hill, and Northpoint model NT-9-HP. These transceivers did
       not have FCC ID labels indicating they had been certified. According
       to Commission records, these devices have not received an FCC
       equipment authorization, which is required for CB transmitters
       marketed in the United States.

    3. Stephen L. Tork also offered for sale several non-certified External
       Radio Frequency Power Amplifiers, namely models made by Texas Star,
       Hotshot, and Palomar.

    4. 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..." Stephen L. Tork's
       offering for sale of the transceivers listed in paragraph 2 violates
       both of these sections.

    5. Although Stephen L. Tork marketed the devices listed in paragraph 2 as
       10 meter mobile radios, the Commission has evaluated devices similar
       to those at issue and concluded that they fall within the definition
       of a CB transmitter because they can be easily configured to operate
       on CB frequencies.

    6. Additionally, dual use CB and amateur radios of the kind at issue here
       may not be certificated under the Rules.

    7. Section 2.815(c) of the Rules prohibits the manufacture, sale, or
       offering for sale of any External Radio Frequency Power Amplifier (or
       amplifier kits) capable of operation on any frequency below 144 MHz
       unless the amplifier has received a grant of type acceptance.
       Furthermore, Section 2.815(b) of the Rules prohibits the sale or
       marketing of External Radio Frequency Power Amplifiers (or amplifier
       kits) capable of operating on any frequency between 24 and 35 MHz.
       Stephen L. Tork's offering for sale of the non-certified External
       Radio Frequency Power Amplifier brands listed in paragraph 3 violates
       both of these sections and Section 302(b) of the Act.

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

    9. Stephen L. Tork may request an interview at the closest Commission
       Office, which is Federal Communications Commission, 9330 LBJ Freeway,
       #1170, Dallas, Texas 75243. You may contact this office by telephone,
       XXX XXX-XXXX, to schedule this interview, which must take place within
       14 days of this Citation. Stephen L. Tork 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 violations outlined above. Please reference file
       number EB-04-DL-034  when corresponding with the Commission.

   10. 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.

   11. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to
       Stephen L. Tork at his address of record and to the address of record
       for Hotshot CB II.


   James D. Wells

   District Director, Dallas Office

   South Central 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), 2.815(b), 2.815(c).

   See Letter from Christopher Wright, General Counsel, FCC to John Atwood,
   Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797
   (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S 95.603(b)
   ("transmitter that operates or is intended to operate at a station
   authorized for the CB service").

   47 C.F.R. S 95.655(a); 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.

   47 C.F.R. S 2.815(c).

   47 C.F.R. S 2.815(b).

   47 C.F.R. S 1.80(b)(3).

   47 U.S.C. SS 401, 501, 503, 510.

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

   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