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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File No.: EB-10-CG-0013
Gary L. Stanford, d.b.a.
) Citation No.: C201132320001
Spark Gap CB Shop
) FRN: 16 7248 90
ILLEGAL MARKETING OF UNAUTHORIZED RADIO FREQUENCY DEVICES
Adopted: June 1, 2011 Released: June 2, 2011
By the District Director, Chicago District Office, Northeast Region,
1. This is an official CITATION issued pursuant to section 503(b)(5) of
the Communications Act of 1934, as amended ("Communications Act"), to
Gary L. Stanford, d.b.a. Spark Gap CB Shop ("Spark Gap CB") for
marketing in the United States unauthorized radio frequency devices
and external radio frequency power amplifiers in violation of section
302(b) of the Communications Act, and sections 2.803(a)(1) and
2.815(b) of the Commission's rules ("Rules").
2. Spark Gap CB should take immediate steps to come into compliance and
to avoid any recurrence of this misconduct. As explained below and as
provided in the Communications Act, future violations of the Rules in
this regard may subject you to substantial monetary penalties, seizure
of equipment, and criminal sanctions.
3. On November 1, 2010, an agent from the Enforcement Bureau's Chicago
Office visited the Spark Gap CB shop located at 926 Woodlawn Road,
Lincoln, Illinois. The agent asked if the store had any amplifiers for
sale and a store employee showed the agent a display case with
external radio frequency power amplifiers for sale from several
different manufacturers. The store employee also suggested that the
agent consider purchasing a ten-meter amateur radio that is modified
to operate on frequencies in the eleven-meter Citizen's Band. The
store employee showed the agent a ten-meter amateur radio that was on
display and operating on a Citizen's Band frequency.
III. applicable law and violations
4. Section 302(b) of the Communications Act provides that "[n]o 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."
5. The applicable implementing regulations for section 302(b) are set
forth in section 2.803, of the Rules. Section 2.803(a)(1) of the Rules
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 ... [i]n 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 as required by S: 2.925 and other relevant sections in this
Additionally, section 2.803(g) of the Rules provides in relevant part
[R]adio frequency devices that could not be authorized or legally operated
under the current rules ... shall not be operated, advertised, displayed,
offered for sale or lease, sold or leased, or otherwise marketed absent a
license issued under part 5 of this chapter or a special temporary
authorization issued by the Commission.
6. Section 2.815(b) of the Rules also provides that "[n]o person shall
manufacture, sell or lease, 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
external radio frequency power amplifier...unless the amplifier has
received a grant of certification in accordance with subpart J of this
part and other relevant parts of this chapter."
7. Dual use CB and amateur radios may not be certificated under the
Commission's rules. Section 95.655(a) of the Rules specifically
states: "...([CB] Transmitters with frequency capability for the
Amateur Radio Services...will not be certificated.)." Accordingly,
such devices cannot legally be imported or marketed in the United
8. Spark Gap CB offered to sell to an individual (an undercover
Enforcement Bureau agent) an external radio frequency power amplifier
and a ten-meter amateur radio with both CB and amateur radio
capability. Accordingly, we find that Spark Gap has violated section
302(b) of the Communications Act and sections 2.803 and 2.815(b) of
the Rules by marketing in the United States external radio frequency
power amplifies and radio frequency devices that are not eligible for
certification. We therefore issue this Citation to Spark Gap for
violating the Rules as discussed above. Spark Gap should take
immediate steps to ensure that it does not import, advertise, or sell
IV. FUTURE COMPLIANCE
9. If, after receipt of this Citation, Spark Gap CB violates the
Communications Act or the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures of up
to $16,000 for each such violation or each day of a continuing
violation and up to $112,500 for any single act or failure to act. In
addition, violations of the Communications Act or the Rules can result
in seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
10. Spark Gap CB may respond to this Citation within thirty (30) days
after the release date of this Citation either through (1) a personal
interview at the closest FCC office, or (2) a written statement. Any
written statements should specify what actions have been taken by
Spark Gap CB Shop to ensure that it does not violate the Rules
governing the marketing of radio frequency devices in the future.
Please reference file number EB-10-CG-0013 when corresponding with the
11. Under the Privacy Act of 1974, 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, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
V. CONTACT INFORMATION
12. The closest FCC office is the Chicago District Office in Park Ridge,
Illinois. You may contact James M. Roop by telephone, 847-813-4660,
to schedule a personal interview, which must take place within thirty
(30) days after the release date of this Citation. You should send any
written statement within thirty (30) days after the release date of
this Citation to: Federal Communications Commission, Chicago Office,
1550 North Northwest Hwy, Suite 306, Park Ridge, Illinois 60068-1460.
13. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, including as much detail as you can. Also, include a way we can
contact you if we need more information. Please allow at least five
(5) days advance notice; last minute requests will be accepted, but
may be impossible to fill. Send an e-mail to firstname.lastname@example.org or call
the Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
To request this document in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format):
202-418-0530 (voice), 202-418-0432 (tty).
VI. ORDERING CLAUSES
14. IT IS ORDERED that a copy of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested, to Gary
L. Stanford, d.b.a. Spark Gap CB Shop, 926 Woodlawn Road, Lincoln,
FEDERAL COMMUNICATIONS COMMISSION
James M. Roop
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302(b).
47 C.F.R. S:S: 2.803(a)(1) and 2.815(b)
47 C.F.R. S: 2.803.
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S: 2.803(g).
47 C.F.R. S: 95.655(a).
See Response from the Commission's General Counsel to the U.S Customs
Service, dated May 17, 1999, 14 FCC Rcd 7797 (1999) (advising U.S. Customs
Service that dual use CB and amateur radios are not acceptable for
importation into the United States).
See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 (". . . no person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.").
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Federal Communications Commission DA 11-984
Federal Communications Commission DA 11-984