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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-06-DL-130

   Cindy Tork )

   Stephen L. Tork ) Citation No.: C20063250002

   Fred Cordell )

   Kimla Cordell )


   d.b.a. CBs at Their Best )


   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 Cindy Tork,
       Stephen L. Tork, Fred Cordell, Kimla Cordell d.b.a. CBs At Their Best
       ("CBs At Their Best") 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

    2. Investigation by the Commission's Dallas Office of the Enforcement
       Bureau revealed that on July 19, 2006, CBs At Their Best, through the
       use of internet website, offered for sale
       thirty non-certified Citizens Band ("CB") transceivers as follows:

     Brand       Model            Price    

     Connex      3300             $185.00  

     Connex      3300HP           $220.00  

     Connex      3300LEHP         $230.00  

     Connex      3300Patriot      $230.00  

     Connex      4400HP           $240.00  

     Connex      4800HPE          $?       

     Galaxy      DX2517           $450.00  

     Galaxy      DX2547           $339.00  

     Galaxy      DX33HML          $199.00  

     Galaxy      DX44V            $219.00  

     Galaxy      DX55V            $190.00  

     Galaxy      DX66V            $265.00  

     Galaxy      DX77HML          $240.00  

     Galaxy      DX88HL           $325.00  

     Galaxy      DX93T            $430.00  

     Galaxy      DX99V            $360.00  

     General     General Lee      $210.00  

     Magnum      S-3              $230.00  

     Magnum      S-9              $359.95  

     Ranger      2950DX3          $315.00  

     Ranger      2970DX3          $419.00  

     Ranger      2980DX           $449.00  

     Ranger      2985DX           $490.00  

     Ranger      2995DX           $559.00  

     Ranger      6300F150-Turbo   $405.00  

     Ranger      6300F25          $299.99  

     Ranger      6900F150         $434.99  

     Ranger      6900F25          $315.00  

     Superstar   121              $135.00  

     Superstar   3900G            $189.00  

   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. CBs At Their Best, through the use of internet website,  also offered for sale non-certified External
       Radio Frequency Power Amplifiers as follows:

     Brand        Model    Price    

     Texas Star   250HDV   $175.00  

     Texas Star   DX400V   $275.00  

     Texas Star   DX500V   $325.00  

     Texas Star   DX667V   $385.00  

     Texas Star   DX1200   $500.00  

     Texas Star   DX1600   $600.00  

     Texas Star   ModV     $115.00  

     Twister      XL250V   $149.95  

     Twister      XL350    $225.00  

     Twister      XL400V   $310.00  

     Twister      XL800    $395.00  

    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..." CBs At Their Best's
       offering for sale of the transceivers listed in paragraph 2 violates
       both sections.

    5. Although CBs At Their Best 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.
       CBs At Their Best's offering for sale of the non-certified External
       Radio Frequency Power Amplifiers listed in paragraph 3 violates both
       sections of the Rules 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. Cindy Tork, Stephen L. Tork, Fred Cordell, Kimla Cordell d.b.a. CBs At
       Their Best may request an interview at the closest FCC 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. Cindy Tork, Stephen L. Tork, Fred Cordell, Kimla
       Cordell d.b.a. CBs At Their Best 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-06-DL-130  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  Cindy
       and Stephen L. Tork, Fred and Kimla Cordell at  their addresses of
       record and the address of record for CBs At Their Best.


   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(c).

   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