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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
ATLANTA OFFICE
3575 KOGER BLVD, SUITE 320, DULUTH GA 30096
Telephone (770) 935-3370
May 4, 2004
Appalachia Electronics CB Shop FILE No.: EB-
04-AT-069
ATTN: Mr. Gary Linder
Sent via Certified
615 Watt Road
Return Receipt requested and
Knoxville, TN 37992
First Class mail
CITATION Citation No.:
C200432480002
Released: May 4,
2004
By the Enforcement Bureau, Atlanta Office
1. This is an Official Citation issued pursuant to
Section 503(b) of The Communications Act of 1934, as amended
(``Act''), 1 to Mr. Gary Linder, owner of Appalachia
Electronics CB Shop, Knoxville, Tennessee, for violation of
Section 302(b) of the Act, 2 and Sections 2.803(a)(1) of the
Commission's Rules.3
2. An investigation by the FCC's Atlanta Office
revealed that on April 27, 2004, you offered for sale at your
retail store located at 615 Watt Road, Knoxville, Tennessee,
Alabama, four models of non-certified Citizens Band
transceivers, namely, three Connex models 3300 HP, and one
Galaxy model 66. According to Commission's records, these
devices have not received an FCC equipment authorization
which is required for Citizens Band transmitters marketed in
the United States. Furthermore, these devices bore no FCC
equipment authorization labeling that is required for
Citizens Band transceivers marketed in the United States.4
3. Section 302(b) of the Act provides ``{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.'' Section 2.803(a)(1) of the Rules
provides that ``...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: (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...''
4. Additionally, dual use CB and amateur radios of
the kind at issue here may not be certificated under the
Commission's rules. Section 95.655(a) of the rules states:
``...
({CB} Transmitters with frequency capability for the Amateur
Radio Services....will not be
certificated.)'' 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.
5. Furthermore, the Commission has revised Section
2.1204(a)(5)5 of its rules to prohibit all marketing and/or
offering for sale in the United States of such devices even
when the purchaser(s) had provided assurances that the
transceivers are being bought solely for export. ALL
DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE
COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S
RULES.
6. In addition to the marketing of the non-certified
transceivers addressed above, Mr. Gary Linder, owner of
Appalachia Electronics C.B. Shop, is warned that Section
302(b) and Section 2.815(c)6 of the Commission's Rules
requires FCC Type Acceptance or (Certification) of External
Radio Frequency Power Amplifiers (or amplifier kits) capable
of operation on any frequency or frequencies below 144 MHz.
Furthermore, Section 2.815(b)7 of the Commission's Rules
prohibits the marketing of External Radio Frequency Power
Amplifiers (or amplifier kits) capable of operation on any
frequency or frequencies between 24 and 35 MHz.
7. Subsequent 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 violation8,
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.9
8. Mr. Gary Linder may request a personal interview at
the closest FCC location to its place of business10, namely:
Federal Communications Commission
3575 Koger Blvd., Suite 320
Duluth, GA 30096
which can be contacted by telephone at XXX XXX-XXXX. Any
written statement should specify what actions have been taken
to correct the violation outlined above. When corresponding
with the Commission, case number EB-04-AT-069 and Citation
number C200432480002 should be referenced.
9. Any statement or information provided may be used
by the Commission to determine if further enforcement action
is required.11 Any knowingly or willfully false statement
made in reply to this notice is punishable by fine or
imprisonment.12
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director, Atlanta
Office
_________________________
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.409(a), 95.655(a) &2.925(a)
5 47 C.F.R. § 2.1204(a)(5) revised effective February 28,
2000
6 47 C.F.R. § 2.815(c)
7 47 C.F.R. § 2.815(b)
8 See 47 C.F.R. § 1.80(b)(3)
9 See 47 U.S.C. §§ 401, 501, 503, 510
10 See 47 U.S.C. § 503(b)(5)
11 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3)
12 See U.S.C. § 1001