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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Mr. Jason Lawrence File No.: EB-04-
DL-156
Total Communications Citation:
C20053250002
CB Radio Trader Sent via
Certified
106 E. Main Return Receipt
Requested
Wilburton, OK 74578 and First Class
U.S. Mail
CITATION
Released: November 2, 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 Mr. Jason Lawrence / Total Communications /
CB Radio Trader 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 cbradiotrader.com is registered to
Total Communications, P.O. Box 761, Wilburton, OK 74578 with
Jason Lawrence, 909 West Main, Wilburton, OK 74578 listed
as the administrative and billing contact. Furthermore, on
August 10, 2004, Mr. Jason Lawrence / Total Communications /
CB Radio Trader, through the Internet site
www.cbradiotrader.com (with an address currently listed on
the site as ``106 E. Main, Wilburton, OK 74578''), offered
for sale the following fifty-five (55) non-certified
Citizens Band transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 3300 $200.00
Connex 3300HP $230.00 ``about 35 Watts PEP''
Connex 3300HP AF $230.00 ``same as the 3300 HP''
Connex 3300HP Confederate $230.00 ``same features
as the 3300HP''
Connex 4400HP $250.00 ``8 Bands of 40 Channels''
Connex Deer Hunter $170.00 ``3 Bands (120 Ch. Export
Version)''
Galaxy DX33HML $210.00 ``Export Radio''
Galaxy DX44V $220.00
Galaxy DX45MP $240.00
Galaxy DX48T $390.00 ``CB Radio'', ``50 watts for
AM and FM''
Galaxy DX55V $195.00
Galaxy DX66V $275.00
Galaxy DX73V $290.00
Galaxy DX77HML $260.00
Galaxy DX88HL $340.00 NAME MODEL PRICE DESCRIPTION
Galaxy DX93T $400.00
Galaxy DX95T $450.00
Galaxy DX99V $370.00
Galaxy DX 2517 $475.00
General Grant $450.00 ``12 Bands of 40 Channels''
General Stonewall Jackson $590.00
General Lee $220.00
Magnum 257 $220.00
Magnum 357 DX $400.00 ``150 Watts''
Magnum A24 $235.00
Magnum Alpha Force $250.00
Magnum Delta Force $299.00
Magnum Omega Force $300.00
Magnum Mini $100.00
Magnum S-3 $250.00 ``50 Watts''
Magnum S3200B $300.00 ``3280 Channels''
Mirage 44DX out of stock ``Export CB Radio has
361 AM/FM Channels''
Mirage 66 $230.00
Mirage 88 $260.00
Mirage 99 $280.00
President Grant $250.00
President Jackson $Out/Stock
President JFK $Out/Stock ``HI/MID/LOW band
selector''
President Lincoln $350.00 ``Band selector''
Ranger RCI 2950DX $320.00
Ranger RCI 2970DX $450.00
Ranger RCI-2980 WX $450.00
Ranger RCI-2985 DX $480.00
Ranger RCI-2995 DX $580.00
Ranger RCI-6300 F25 $300.00
Ranger RCI-6300 F150 $450.00
Ranger RCI-6900 F25 $340.00
Ranger RCI-6900 F150 $490.00
Ranger SS 3900 $150.00
Ranger SS 3900EGHP $220.00 ``. . . has dual echo
control''
Ranger SS 3900GHP $200.00
Ranger VR9000 $250.00
Super Star 121 $155.00 ``120 Channel Design''
Super Star 122 $120.00 ``120 Channel Design''
Super Star 3900HP $190.00 ``25 Watts''
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 ....'' Mr. Jason
Lawrence's (d.b.a. Total Communications and CB Radio Trader)
offer for sale of these devices violates both sections.
4. Mr. Jason Lawrence (d.b.a. Total Communications and CB
Radio Trader) marketed these devices as amateur and/or
Citizens Band transceivers. The Commission has evaluated
radio frequency 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, Mr. Jason Lawrence (d.b.a.
Total Communications and CB Radio Trader) is 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: Hornet, Silver Streak, Texas Star and
Twister.
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. Mr. Jason Lawrence (d.b.a. Total Communications and CB
Radio Trader) 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. He must
schedule this interview to take place within 14 days of the date of
this citation. Mr. Jason Lawrence (d.b.a. Total Communications and
CB Radio Trader) 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-156 and citation number
C20053250002 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. Jason Lawrence
Total Communications
CB Radio Trader
909 West Main
Wilburton, OK 74578
Mr. Jason Lawrence
Total Communications
CB Radio Trader
P.O. Box 761
Wilburton, OK 74578
Mr. Jason F. Lawrence, KC5YEB
Total Communications
CB Radio Trader
Rt. 2, Box 94
Wilburton, OK 74578-9615
Mr. Jason F. Lawrence
Total Communications
CB Radio Trader
1210 Battles Rd
Wilburton, OK 74578
_________________________
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