******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                )    File No.: EB-04-LA-133
                               )
Charles E. Vance III            )    Citation No.: C20053290006
d/b/a/ CB Candy                 )
                               )
Ontario, California 



                          CITATION

                                    Released:  June 28, 2005

By the District Director, Los Angeles District Office, 
Western Region, Enforcement Bureau:

      1. This is an Official Citation issued pursuant to 
Section 503(b) of the Communications Act of 1934, as amended 
(``Act''),1 to Charles E. Vance, III d/b/a CB Candy, 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 Commission's Los Angeles 
Office revealed that on June 28, 2005, you offered for sale 
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. 
  
  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...''

Charles E. Vance, III d/b/a CB Candy'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.     

    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, Charles E. Vance, III d/b/a CB 
Candy is warned that Section 302(b) and Section 2.815(c)4 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)5 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.   Charles E. Vance, III d/b/a CB Candy may request a 
personal interview at the closest FCC location to its place 
of business, namely:

     Federal Communications Commission
     18000 Studebaker Road
     Suite 660
             Cerritos, CA  90703

which can be contacted by telephone at 562-865-0598. Charles 
E. Vance, III d/b/a CB Candy may also submit a written 
statement to the Los Angeles District Office at the address 
indicated above, within 30 days of the date of this 
Citation.  Any written statements should specify what 
actions have been taken to correct the violations outlined 
above.  When corresponding with the Commission, case number 
EB-04-LA-133 should be referenced.



     9.    Any statement or information provided by you may 
be used by the Commission to determine if further 
enforcement action is required.6  Any knowingly or willfully 
false statement made in reply to this Citation is punishable 
by fine or imprisonment.7


     


                         FEDERAL COMMUNICATIONS COMMISSION




                         Catherine Deaton
                         District Director
                         Los Angeles District Office
                         Western Region
                         Enforcement Bureau
_________________________

147 U.S.C. § 503(b)(5).
 
247 U.S.C. § 302a(b).

347 C.F.R. §§ 2.803(a)(1), 2.815(b), & 2.815(c). 
447 C.F.R. § 2.815(c).   
5         
47 C.F.R. § 2.815(b).
 
6See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).

7See 18 U.S.C. § 1001 et seq.