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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Litchfield Radio ) File No. EB-04-DT-
329
)
Litchfield, OH ) Citation No.
C20053236002 )
CITATION
Released: September
9, 2005
By the District Director, Detroit Office, Northeast Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended
(``Act''),1 to Litchfield Radio (``Litchfield'') for
violation of Section 302(b) of the Act,2 and Section
2.803(a)(1) of the Commission's Rules (``Rules'').3
2. An investigation by the Commission's Detroit Office
revealed that on July 21, 2005, Litchfield Radio offered for
sale at its store in Litchfield, Ohio, the following non-
certified Citizens Band (``CB'') transceivers:
NAME MODEL PRICE
Cobra 150 GTL DX $199.95
Connex CX 3300 $209.95
Connex CX 3300 HP $249.95
Connex CX 4300 HP $309.95
Galaxy DX 33 HML $209.95
Galaxy DX 44V $229.95
Galaxy DX55V $209.95
Galaxy DX66V $279.95
Galaxy DX 93T $449.95
Galaxy DX99V $389.95
Galaxy DX2517 $499.99
General Stonewall Jackson $599.59
General Lee $249.95
General Longstreet $269.95
Magnum M-1 $249.95
Magnum S-3 $249.95
Magnum S-6 $299.95
Magnum S-9 $359.95
NAME MODEL PRICE
Ranger RCI-6300 OF $499.95
Ranger RCI-6900 F $369.95
RCI 2950 DX $289.95
RCI 2970 DX $429.95
SuperStar SS-122 $129.95
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 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....'' CB transmitters
must be certified pursuant to Section 95.603(c) of the
Rules.4 Litchfield's offer for sale of these devices
violates both sections.
4. Litchfield marketed these devices as amateur
transceivers. The Commission, however, has evaluated radio
frequency devices similar to those listed in paragraph 2 and
concluded that the devices at issue are CB transmitters,
because they can easily be altered for use as CB devices. 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.5 The Commission has concluded that amateur
transceivers that "have a built-in capability to operate on
CB frequencies and can easily be altered to activate that
capability, such as by moving or removing a jumper plug or
cutting a single wire'' fall within the definition of a CB
transmitter and 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 Rules states
``....([CB] Transmitters with frequency capability for the
Amateur Radio Services....will not be certificated).'' 6
See also FCC 88-256, 1988 WL488084 (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 Rules7 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 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,8
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.9
8. Litchfield may request a personal interview at the
Commission's Field Office nearest his place of business.
The nearest office is the Detroit Office, 24897 Hathaway
Street, Farmington Hills, Michigan 48335-1552, which you may
contact by telephone at XXX-XXX-XXXX. Litchfield must
schedule this interview to take place within fourteen (14)
days of the date of this citation. Alternatively,
Litchfield may submit a written statement within fourteen
(14) days of the date of this citation to the above address.
Any written statement should specify what actions have been
taken to correct the violations outlined above. Please
reference case number EB-04-DT-329 and citation number
C20053236002 when corresponding with the Commission.
9. This Citation shall be sent First Class U.S. Mail and,
Certified Mail, Return Receipt Requested, to Litchfield
Radio at its address of record.
10. The Privacy Act of 197410 requires that we advise you
that the Commission will use all relevant material
information before it, including any information disclosed
in your reply, to determine what, if any, enforcement action
is required to ensure compliance. Any false statement made
knowingly and willfully in reply to this Citation is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.11 Please be advised that if you choose not to
respond to this Citation and a forfeiture is issued, your
unresponsiveness will be considered in our assessment of a
forfeiture amount.
FEDERAL
COMMUNICATIONS COMMISSION
James A.
Bridgewater
District
Director
_________________________
147 U.S.C. § 503(b)(5)
247 U.S.C. § 302(b)
347 C.F.R. § §2.803(a)(1)
447 C.F.R. § 95.603(c)
5See 47 C.F.R. 95.603(c); 47 C.F.R. 2.803
647 C.F.R. § 95.655(a); see also FCC 88-256, 1988 WL488084
(August 17, 1988).
747 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000.
8See 47 U.S.C. § 503(b)(2)(C); 47 C.F.R. § 1.80(b)(3)
9See 47 U.S.C. §§ 401, 501, 503, 510
10P.L. 93-579, 5 U.S.C. § 552a(e)(3)
1118 U.S.C. § 1001 et seq.