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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Mr. Brandon Smith File No.: EB-04-
DL-033
Mr. John Jackson Citation:
C20043250003
d.b.a. Wholesale CB Radio Sent via
Certified
5320 North Hwy 97 Return Receipt
Requested
Sand Springs, OK 74063 and First Class
U.S. Mail
CITATION
Released: August 6, 2004
By the Enforcement Bureau, Dallas Office:
1. This is an Official Citation issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended
(``Act''),1 to Messrs. Brandon Smith and John Jackson d.b.a.
Wholesale CB Radio for violation of Section 302(b) of the
Act,2 and Sections 2.803(a)(1) and 2.815(b)&(c) of the
Commission's Rules.3
2. An investigation by the FCC's Dallas Office revealed that
the Internet domain name wholesalecbradio.com is registered
to Smith & Jackson, Inc., 1032 N. Birch, Sand Springs, OK
74063 with John Jackson, brandonjjgs@AOL.COM, Smith &
Jackson Inc., 1032 N. Birch, Sand Springs, OK 74063 listed
as the administrative and technical contact. Furthermore,
on July 29, 2004, Messrs. Brandon Smith and John Jackson
d.b.a. Wholesale CB Radio through the Internet site
www.wholesalecbradio.com (with an address currently listed
on the site as ``Wholesale CB Radio, 5320 North Hwy 97, Sand
Springs, OK 74063'', but previously listed as ``1032 N.
Birch, Sand Springs, OK 74063'') offered for sale, the
following fifty-five (55) non-certified Citizens Band
transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 3300 $179.99 ``Export CB Radio'',
``AM/FM'', ``Band Switch''
Connex 3300LE $189.99 ``Export CB Radio'',
``AM/FM'', ``Band Switch``
Connex 3300HP $214.99 ``Export CB Radio'', ``Band
Switch-Hi/Low''
Connex 3300HP LE $229.99 ``Export CB Radio'', ``Band
Switch-Hi/Low''
Connex 3300HP Patriot Ed $219.99 ``Export CB
Radios'', ``25.615-28.305'', 6 bands
Connex 4400HP $229.99 ``Export CB Radio'', ``over
300 channels''
Connex 4800DXL $309.99 ``Export CB Radio'', ``12
Bands''
Connex Coyote Hunter $169.99 ``Export CB Radio'', ``5
band, selector''
Connex Deer Hunter $159.99 ``Export CB Radio'', ``3
band''
Galaxy DX33HML $169.99 ``Export Radio''
Galaxy DX44V $199.99 ``Export Radio''
Galaxy DX45MP $229.99 ``CB Radio'', ``Band
selector (8 pos)''
Galaxy 48T $349.99 ``CB Radio'', ``50 watts for
AM and FM''
Galaxy DX55V $179.99 ``Export Radio''
NAME MODEL PRICE DESCRIPTION
Galaxy DX66V $259.99 ``Export Radio'', ``8
Watts''
Galaxy DX77HML $239.99 ``Export Radio'', 10w AM /
25w SSB
Galaxy DX88HL $319.99 ``CB Radio'', ``band
switch''
Galaxy DX93T $389.99 ``CB Radio'', 20w AM/FM, 50w
SSB
Galaxy DX95T $429.99 ``Export CB Radio'', 200w
PEP AM&SSB
Galaxy DX99V $349.99 ``CB Radio'', ``band
control''
Galaxy DX 2517 $449.99 ``Base Export CB Radio'',
``band select''
General Grant $439.99 ``Export Radio'', ``12 Bands
of 40 Channels''
General A.P. Hill $189.95 ``Export Radio'', ``6 Bands
of 40 Channels''
General Stonewall Jackson $529.99 ``10 Meter Export
Base'', ``Mods included''
General Lee $209.99 ``Export Radio'', ``6 Bands
of 40 Channels''
General Longstreet $239.99 ``Export Radio'', ``6 Bands
of 40 Channels''
Magnum 257 $199.99 ``10 Meter CB Radio'', ``30
watts output power''
Magnum 357 DX $369.99 ``10 Meter CB Amateur
Radio''
Magnum DeltaForce $239.99 ``10 Meter CB Radio''
Magnum Megaforce S45 $279.99 ``10 Meter CB Radio''
Magnum S-3 $219.99 ``10 Meter CB Radio''
Magnum S-9 $339.99 ``10 meter Radio'', 9w AM /
40w SSB/FM
Magnum S 3200 $299.99 ``10 Meter Export has 8
bands of Channels''
Maverick A24 $204.99 ``10 Meter CB Radio'',
``AM/FM Modes''
Mirage 44 $209.95 ``Export CB Radio has 361
AM/FM Channels''
Mirage 88 $319.95 ``Export CB Radio'', 361
channels
Mirage 2950 EX $289.95 ``Export CB Radio'', 8w
AM/FM, 25w SSB
Mirage 6600 $259.95 ``Export CB Radio'',
``AM/FM'', ``Band switch''
Mirage 9900 HP $349.95 ``Export CB Radio has 361
Channels''
President HR-2510 Used
Ranger R.C.I. 2950 DX $299.99 ``Export 10
meter'', ``30watts'', ``CB/PA''
Ranger R.C.I. 2970 DX $419.99 ``Export 10
meter'', ``100watts+'', ``CB/PA''
Ranger RCI-2980WX $479.95 ``CB Radio'', base, 10w
AM/FM/CW, 25w SSB
Ranger RCI-2985 $474.95 ``Export CB Radio'', base,
AM/FM/CW, SSB
Ranger RCI-2995DX $594.95 ``Export CB Radio'', base
50w / 150w Ranger RCI-6300 F25 $279.99 ``Export CB
Radio'', ``Band selector (12 pos)''
Ranger RCI-6300 F150 $399.99 ``Export CB Radio'',
``100watts+''
Ranger RCI-6900 F25 $309.99 ``Export CB Radio'', ``40w''
Ranger RCI-6900 F150 $439.99 ``Export CB Radio'',
``100watts+''
Ranger SS 3900GHP $189.99 ``Export'', ``CB Radio'',
``Band selector (6)''
Ranger SS 3900GHP-M $199.99 ``Export'', ``CB Radio'',
``Band selector (6)''
Superstar 121 $159.99 ``Export CB Radio'', ``band
switch''
Superstar Chrome Face $194.99 ``360 Channels'', ``channel
9 switch''
Superstar SS 3900HP Gold $229.99 ``Export CB
Radio'', ``Band Selector (A-F)''
Voyage VR 9000 $239.99 ``Export CB Radio'', 12w AM
/ 25w PEP
According to the Commission's records, these devices have not
received an FCC equipment authorization which is required for
Citizens Band transmitters marketed in the United States.
3. Section 302(b) of the Act2 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 Rules3
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 ....'' Messrs. Brandon
Smith's and John Jackson's (d.b.a. Wholesale CB Radio) offer
for sale of these devices violates both sections.
4. Messrs. Brandon Smith and John Jackson d.b.a. Wholesale
CB Radio marketed these devices as amateur and/or Citizens
Band transceivers. The Commission has evaluated
radiofrequency devices similar to those listed in paragraph
2 and concluded that the devices at issue are not only
amateur radios but can easily be altered for use as Citizens
Band devices as well. A CB transmitter is a transmitter
that operates or is intended to operate at a station
authorized for the CB service, and it must be certificated
by the FCC prior to marketing or importation.4 The
Commission has further concluded that these devices fall
within the definition of a CB transmitter and therefore
cannot legally be imported or marketed in the United States.
See Response from the Commission's General Counsel to U.S.
Customs Service dated May 17, 1999, 14 FCC Rcd 7797 (1999).
5. 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 Rules5 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.
6. Furthermore, the Commission has revised Section
2.1204(a)(5) of its Rules6 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.
7. In addition to the marketing of the non-certified
transceivers addressed above, Messrs. Brandon Smith and John
Jackson d.b.a. Wholesale CB Radio are warned that Section
302(b) of the Act2, and Section 2.815(c) of the Commission's
Rules7 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) of the
Commission's Rules8 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. Non-certified External RF Power Amplifiers
requiring certification include, but are not limited to, the
following brands: Boomer, Cobra, Comet, Galaxy, Golden
Eagle, Intruder, KL, KLV, Magna Force, Messenger, Palomar,
RM, Sandman, Shockwave, Skipper, Tennessee Walker, Texas
Star, TNT and XForce.
8. Subsequent violations of the Communications Act and/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 violation,9
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.10
9. Messrs. Brandon Smith and John Jackson d.b.a. Wholesale
CB Radio may request a personal interview at the closest FCC
location to its place of business,11 namely:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
which can be contacted by telephone at XXX XXX-XXXX. They must
schedule this interview to take place within 14 days of the date of
this citation. Messrs. Brandon Smith and John Jackson d.b.a.
Wholesale CB Radio may submit a written statement within 14 days of
the date of this citation to the following address:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
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-DL-033 and citation number
C20043250003 should be referenced.
10. Any statement or information provided may be used by the
Commission to determine if further enforcement action is
required.12 Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.13
FEDERAL COMMUNICATIONS
COMMISSION
James D. Wells
District Director - Dallas
Office
LRB
Cc:Mr. Brandon Smith
Mr. John Jackson
d.b.a. Wholesale CB Radio
1032 Birch
Sand Springs, OK 74063
_________________________
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. §§ 95.603(c) & 2.803
5 47 C.F.R. § 95.655(a)
6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000
7 47 C.F.R. § 2.815(c)
8 47 C.F.R. § 2.815(b)
9 See 47 C.F.R. § 1.80(b)(3)
10 See 47 U.S.C. §§ 401, 501, 503, 510
11 See 47 U.S.C. § 503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
13 See 18 U.S.C. §1001