Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of CB Radio Masters, LLC. Rockwall, Texas ) ) ) ) ) ) ) File
No.: EB-FIELDSCR-13-00006850 Citation No.: C201332500001
CITATION AND ORDER
Illegal Marketing of Unauthorized Radio Frequency Devices
Adopted: August 20, 2013 Released: August 20, 2013
By the District Director, Dallas Office, South Central Region, Enforcement
1. This is an official CITATION AND ORDER (Citation) issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to CB Radio Masters, LLC. (Radio
Masters). Specifically, Radio Masters is being cited for marketing^ to
consumers in the United States and its territories (United States) in
its retail store unauthorized radio frequency devices in violation of
Section 302(b) of the Act,^ and Sections 2.803 and 2.815(b) of the
Commission's rules (Rules).^
2. Notice of Duty to Comply With Laws: Radio Masters should immediately
remove all unauthorized radio frequency devices, such as non-certified
radio frequency (RF) amplifiers, from display (including online
display); cease marketing (including the advertisement and/or sale of)
such devices in the United States; and take steps to avoid any
recurrence of the misconduct described herein. Radio Masters is hereby
on notice that if it subsequently engages in any conduct of the type
described in this Citation, including any violation of Section 302(b)
of the Act or Sections 2.803 and 2.815(b) of the Rules, it may be
subject to civil and criminal penalties, including but not limited to
substantial monetary fines (forfeitures) and seizure of equipment.
Such forfeitures may be based on both the conduct that led to this
Citation and the conduct following it.^
3. Radio Masters promotes itself as a CB radio shop catering to truck
drivers in its stores and on its website, www.radiomastercbshop.com.^
On February 14, 2013, agents from the Dallas Office inspected the
Radio Masters CB shop inside the TravelCenters of America (TA)
Truckstop in Rockwall, Texas.^ The agents observed Radio Masters offer
for sale a used External Radio Frequency Amplifier, Palomar 250. The
unit did not have an FCC identification number to confirm that the
model had been granted an FCC certification.
III. applicable law and violations
4. Federal law requires that radio frequency devices must be certified in
accordance with the Commission's technical standards before they can
be marketed in the United States.^ Section 302(b) of the 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
5. The applicable implementing regulations for Section 302(b) are set
forth in Sections 2.803, 2.815, 15.201, and 15.3(o) of the Rules.^
Specifically, Section 2.803(a) of the Rules provides, in relevant
[N]o 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.^
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering for sale or lease, including advertising for sale or
lease, or importation, shipment or distribution for the purpose of selling
or leasing or offering for sale or lease."^
6. Pursuant to Section 2.815(b) of the Rules, external radio frequency
power amplifiers capable of operation on frequencies below 144 MHz may
not be offered for sale unless they have first been authorized in
accordance with the Commission's certification procedures.^
7. The record in this case shows that, on February 14, 2013, Radio
Masters offered for sale to customers in Rockwall, Texas an external
RF power amplifier that had not been FCC certified. Based on the
foregoing evidence, we find that Radio Masters violated Section 302(b)
of the Communications Act and Sections 2.803 and 2.815(b) of the Rules
by marketing and offering for sale in the United States unauthorized
radio frequency devices that do not have valid FCC certifications.^
8. We also specifically caution Radio Masters that, pursuant to Section
15.201(b) of the Rules,^ intentional radiators^ (like CB transmitters)
cannot be marketed in the United States or its territories unless they
have first been authorized in accordance with the Commission's
certification procedures. In addition, Section 95.409(b) of the Rules
states: "You must not make, or have made, any internal modification to
a certificated CB transmitter. . . . Any internal modification to a
certificated CB transmitter cancels the certification . . . ."^
IV. REQUEST FOR INFORMATION
9. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
Radio Masters is directed to provide the information requested in
non-public Appendix A hereto within thirty (30) calendar days after
the release date of this Citation. The request for information
concerns the online store of Radio Masters. A failure to respond in
writing, or an inadequate, incomplete, or misleading response, may
subject Radio Masters to additional sanctions.^
IV. RESPONDING TO THIS CITATION
10. In additon to the required information described in paragraph 9 above,
Radio Masters may, if it so chooses, respond to this
Citation--challenging the factual and legal findings herein--within
thirty (30) calendar days from the release date of this Citation
either through (1) a written statement, (2) a teleconference
interview, or (3) a personal interview at the Commission Field Office
nearest to your place of business.
11. If you would like to arrange a teleconference or personal interview,
please contact the Dallas Office at (214) 575-6361. The nearest
Commission Field Office is located in Dallas, Texas. Such
teleconference or interview must take place within thirty (30)
calendar days of the date of this Citation. If you would like to
submit a written response, including any supporting documentation, you
must send the response within thirty (30) calendar days of the date of
this Citation to the contact and address provided in paragraph 12,
12. All written communications should be provided to the address below.
Federal Communications Commission
9330 LBJ Freeway, #1170
Dallas, TX 75243
13. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include 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) business days advance notice; last minute requests will be
accepted, but may be impossible to fill. Send an e-mail to
email@example.com or call the FCC's Consumer & Governmental Affairs
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format): 202-418-0531 (voice), 202-418-7365 (tty).
14. Please be advised that it is a violation of Section 1.17 of the Rules
(47 C.F.R. S 1.17) for any person or a staff member of that person to
make any false or misleading written or oral statement of fact.
Specifically, no person 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.^
15. Further, the knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this Citation is
punishable by fine or imprisonment under 18 U.S.C. S 1001.
16. If you violate Section 1.17 of the Rules or the criminal statute
referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Communications
17. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material
information before it, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications
Act and the Commission's rules.
V. FUTURE VIOLATIONS
18. If, after receipt of this Citation, Radio Masters again violates
Section 302(b) of the Act or Sections 2.803 or 2.815(b) of the Rules
by engaging in conduct of the type described herein, the Commission
may impose monetary forfeitures not to exceed $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.^ For instance, the Commission
could impose separate forfeitures for each non-certified RF amplifier
sold or for each day on which such a device is advertised or otherwise
offered for sale. Further, as discussed above, such forfeitures may be
based on both the conduct that led to the Citation and the conduct
following it.^ In addition, violations of the Communications Act or
the Rules also can result in seizure of equipment through in rem
forfeiture actions,^ as well as criminal sanctions, including
I. ORDERING CLAUSES
19. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, CB Radio Masters, LLC must provide the information
requested in Non-Public Appendix A to this Citation and Order. The
response to the Request for Information must be provided in the manner
indicated herein and must be received by the FCC within thirty (30)
calendar days after the release date of this Citation and Order.
20. IT IS ORDERED that a copy of this Citation and Order shall be sent
both by First Class U.S. Mail and Certified Mail, Return Receipt
Requested, to CB Radio Masters, LLC at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
South Central Region
^ 47 U.S.C. S 503(b)(5).
^ The term "marketing," as applied in this case, is defined in paragraph
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 2.815(b).
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent.") (emphasis added).
^ See http://radiomastercbshop.com/main.html?src=%2F#1,0 (last visited
July 8, 2013) ("Catering to Truck Drivers Since 1995. We carry a variety
of 10 meter & citizen band radios . . . . Our repairs have no limits, we
can work on any brand of CB, including older models as long as parts can
be found. We do full installs of your cb & coax if needed.")
^ In addition to the Rockwall location, Radio Masters maintains a store in
the main building of the Petro Truck Stop in Weatherford, Texas. See
http://radiomastercbshop.com/main.html?src=%2F#4,0 (last visited July 11,
^ See, e.g., Revision of Part 2 of the Commission's Rules Relating to the
Marketing and Authorization of Radio Frequency Devices, Report and Order,
12 FCC Rcd 4533 (1997).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 15.201, 15.3(o).
^ 47 C.F.R. S 2.803(a)(1).
^ 47 C.F.R. S 2.803(g).
^ 47 C.F.R. S 2.803(e)(4).
^ 47 C.F.R. S 2.815(b).
^ 47 U.S.C. S 302a(b); 47 C.F.R. SS 2.803, 2.815(b).
^ 47 C.F.R. S 15.201(b).
^ An "intentional radiator" is a "device that intentionally generates and
emits radio frequency energy by radiation or induction." 47 C.F.R. S
^ 47 C.F.R. S 95.409(b).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, paras. 23-28 (2002)
($100,000 forfeiture for egregious and intentional misconduct, i.e.,
refusing to attest to truthfulness and accuracy of responses to a Letter
Inquiry (LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture Order,
22 FCC Rcd 15146 (Enf. Bur. 2007) ($4,000 forfeiture for failure to
respond to an LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC
Rcd 3954 (Enf. Bur. 2005) ($20,000 forfeiture for failure to respond to a
USF LOI); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065
(Enf. Bur. 2003) ($4,000 forfeiture for failure to respond to an LOI);
World Communications Satellite Systems, Inc., Notice of Apparent Liability
for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) ($10,000 forfeiture for
a non-responsive reply to an LOI); Digital Antenna, Inc., Sunrise,
Florida, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 7600
(Enf. Bur. 2007) ($11,000 forfeiture for failure to provide complete
responses to an LOI).
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See paragraph 2, supra.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
(...continued from previous page)
Federal Communications Commission DA 13-1780
Federal Communications Commission DA 13-1780