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1
Federal Communications Commission
Enforcement Bureau
Seattle Field Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034-6927
1-888-CALL FCC (225-5322)
The Quack Shack
FILE No.: EB-04-ST-090
www.thequackshack.com Sent
via Certified
226 5th St. SE
Return Receipt requested and
Soap Lake, WA 98851
First Class mail
CITATION
Citation No.: C20043298002
Released: May 7, 2004
By the Enforcement Bureau, Seattle Office
1. This is an Official Citation issued pursuant to
Section 503(b) of The Communications Act of 1934, as
amended (``Act''), 1 to The Quack Shack, for violation of
Section 302(b) of the Act, 2 Section 2.803(a)(1), Section
2.815(b), and Section 2.815(c) of the Commission's Rules.3
2. An investigation by the FCC's Seattle Office
revealed that on May 4, 2004, you offered for sale through
your Internet site thequackshack.com, non-certified Citizens
Band (CB) transceivers, namely, Galaxy Models DX series,
Amateur service transceivers, namely, RCI Models-
(modifiable) for CB use, and External Radio Frequency Power
Amplifiers (or amplifier kits) for CB use. 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 ``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 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...''
The Quack Shack's offer for sale of these devices violates
both sections.
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. The Galaxy model CB transceivers previously
mentioned were identified as having the modification or the
capability to enable dual use of CB and amateur frequencies.
These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX44T;
Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy
DX77HML.
5. Furthermore, the Commission has revised Section
2.1204(a)(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, The Quack Shack is warned that
Section 302(b) and Section 2.815(c)5 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 below 144 MHz.
Furthermore, Section 2.815(b)6 of the Commission's Rules
prohibits the marketing of External Radio Frequency Power
Amplifiers (or amplifier kits) capable of operating on any
frequency 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 violation,
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.
8. The Quack Shack may request a personal interview at
the closest FCC location to its place of business, namely:
Federal Communications Commission
11410 N.E. 122nd Way Suite 312
Kirkland, WA 98034- 6927
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-ST-090
should be referenced.
9. Any statement or information provided may be used
by the Commission to determine if further enforcement action
is required. Any knowingly or willfully false statement
made in reply to this notice is punishable by fine or
imprisonment.
FEDERAL COMMUNICATIONS COMMISSION
Dennis J. Anderson
District Director, Seattle
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), 2.815(b), & 2.815(c)
4 See 47 C.F.R. §§ 95.409(a) & 2.925(a)
5 47 C.F.R. § 2.815(c)
6 47 C.F.R. § 2.815(b)