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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554


Mr. Gene A. Fricke
102 East Hollis St. APT 4A
Nashua, NH 03060    

CERTIFIED MAIL NO.: 7000 1530 0003 4883 5816
RETURN RECEIPT REQUESTED
AND FIRST CLASS U.S. MAIL



                    

                                            File No.:  EB-04-BS-085
                                   Citation Acct. No.: C20053226001
                                   
                             CITATION

                                         Released: December 1, 2004   
By the Enforcement Bureau, Boston 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 Gene A. Fricke for violation of Section 302(b) of the Act,2 and 
Section 2.803(a)(1) of the Commission's Rules.3

  2. Investigation by the FCC's Boston Office revealed that on 
September 13, 2004, Gene A. Fricke offered for sale, via recorded 
transmission on the Citizen Band frequency 27.185 MHz (Channel 19), 
models of non-certified Citizens Band transceivers, namely Galaxy 
transceiver models. According to the Commission's records, these 
devices have not received a FCC equipment authorization, which is 
required, for Citizens Band transmitters marketed in the United 
States.

  3.   Section 302(b) of the Act2 provides ``no 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....''  Gene A. Fricke's offer for 
sale of these devices violates both sections.



       4.   Section 95.603(c) of the Rules requires that ``[e]ach 
CB transmitter (a transmitter that operates or is intended to 
operate at a station authorized in the CB) must be certificated.''  
Section 95.655(a) of the Rules states that ``[n]o transmitter will 
be certificated for use in the CB service if it is equipped with a 
frequency capability not [authorized for CB in Part 95 of the 
Rules].''  This section also states that ``([CB t]ransmitters with 
frequency capability for the Amateur Radio Services ... will not be 
certificated.)''  Additionally, Section 95.655(c) of the Rules 
prohibits any internal or external add-on device that functions to 
extend the transmitting frequency capability of a CB transmitter 
beyond its original capability. 

  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 rules4 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 rules5 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. 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 violation,6 seizure of equipment through in rem 
forfeiture action, and criminal sanctions including imprisonment.7 

      8.  Gene A. Fricke may request a personal interview at the 
closest FCC location to its place of business,8 namely:

                    Federal Communications Commission
                    1 Batterymarch Park
                    Quincy, Massachusetts 02169-7495

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.  Gene A. Fricke. may submit a written statement 
within 14 days of the date of this citation to the following 
address:

                    Federal Communications Commission
                    1 Batterymarch Park
                    Quincy, Massachusetts  02169-7495



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-BS-085 should be referenced.

      9. Any statement or information provided may be used by the 
Commission to determine if further enforcement action is required.9  
Any knowingly or willfully false statement made in reply to this 
notice is punishable by fine or imprisonment.10

    10. IT IS ORDERED that copies of this Citation shall be sent by 
both Certified Mail Return Receipt Requested and First Class U.S. 
Mail to Gene A. Fricke, 102 East Hollis Street, APT 4A, Nashua, NH 
03060

                              FEDERALCOMMUNICATIONS COMMISSION



                              Dennis  Loria
                              District Director
                              Boston 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 47 C.F.R. § 95.655(a)
5 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000
6 See 47 C.F.R. § 1.80(b)(3)
7 See 47 U.S.C. §§ 401, 501, 503, 510
8 See 47 U.S.C. § 503(b)(5)
9 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
10 See 18 U.S.C. §1001