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FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Clay Allen Thompson File No.: EB-04-
Clay Thompson, Inc. Citation:
d.b.a. Clay's Little Radio Shop Sent via
70503 IH-20 Return Receipt
Mingus, TX 76463 and First Class
Released: November 8, 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 Clay Allen Thompson and Clay Thompson, Inc.,
d.b.a. Clay's Little Radio Shop for violation of Section
302(b) of the Act,2 and Sections 2.803(a)(1) of the
2. An investigation by the FCC's Dallas Office revealed that
the Internet domain name claysradioshop.com is registered to
Clay's Little Radio Shop, 70503 IH20, Mingus, TX 76463.
Furthermore, on November 4, 2004, Clay Allen Thompson / Clay
Thompson, Inc., d.b.a. Clay's Little Radio Shop through the
use of Internet site www.claysradioshop.com (with the name
and address currently listed on the site as ``Clay's Radio
Shop, 70503 IH-20, Gordon, TX 76453''), offered for sale
the following twenty-six (26) non-certified Citizens Band
NAME MODEL PRICE DESCRIPTION
Connex 3300 $179.95 ``6 Bands of Operation'',
Connex 3300 CF $215.95 ``6 Bands of Operation'',
Connex 3300 HP $206.95 ``6 Bands of Operation'',
Connex 3300 USF $215.95 ``6 Bands of Operation'',
Connex 4400 High Power $229.95 ``8 Bands of
Connex 4800 HPE $314.95 ``12 Bands of Operation'',
Galaxy DX-33HML $179.95 ``6 Band AM/FM'', ``Built
Galaxy DX-44 $197.95 ``8 Band AM/FM'', ``Built in
Galaxy DX 48T $386.95 ``8 Band 150 watt AM/FM''
Galaxy DX-55V $179.95
Galaxy DX66V $251.95 ``8 Band AM/FM'', ``Built in
Galaxy DX 73V $278.95 ``8 Band AM/FM'', Robo
Galaxy DX-77HML $242.95 ``6 Band AM/FM/SSB'',
``Built in Echo''
Galaxy DX 88HL $332.95 ``8 Band AM/FM/SSB'',
``Built in Echo''
Galaxy DX 93T $413.95 NAME MODEL PRICE DESCRIPTION
Galaxy DX 95T $449.95
Galaxy DX99V $359.95 ``8 Band AM/FM/SSB'',
General Grant $439.95 ``12 Band AM/FM/SSB/CW''
General Stonewall Jackson $649.95
General Lee $229.95 ``6 Band AM/FM'', ``Echo''
Ranger RCI 2950 $299.95
Ranger RCI 2970DX $429.95 ``150W SSB, 50W AM/FM/CW''
Ranger RCI 6300F25 $299.95 ``12 Bands of Channels'',
Ranger RCI 6300 F150 $429.95 ``12 Bands of Channels'',
Ranger RCI 6900 F25 $339.95 ``12 Bands of Channels'',
Ranger RCI 6900 F150 $449.95 ``12 Bands of Channels'',
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 ....'' Clay Allen
Thompson / Clay Thompson, Inc., d.b.a. Clay's Little Radio
Shop offered these devices for sale in violation of both
4. Clay Allen Thompson / Clay Thompson, Inc., d.b.a. Clay's
Little Radio Shop 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
7. In addition to the marketing of the non-certified
transceivers addressed above, Clay Allen Thompson / Clay
Thompson, Inc., d.b.a. Clay's Little Radio Shop 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
8. Subsequent violations of the Communications Act and/or
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. Clay Allen Thompson / Clay Thompson, Inc., d.b.a. Clay's
Little Radio Shop 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. Clay Allen Thompson / Clay Thompson, Inc.,
d.b.a. Clay's Little Radio Shop may submit a written statement
within 14 days of the date of this Citation to the same address.
Any written statement should specify what actions have been taken
to correct the violation(s) outlined above. When corresponding
with the Commission, case number EB-04-DL-257 and citation number
C20053250004 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
James D. Wells
FCC Enforcement Bureau
Cc:Mr. Clay Allen Thompson
Clay Thompson, Inc.
d.b.a. Clay's Little Radio Shop
Gordon, TX 76453
Mr. Clay Allen Thompson
d.b.a. Clay's Little Radio Shop
3972 Lazy Bend Rd.
Millsap, TX 76066-3823
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