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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-05-AT-023
Chad Jolley )
) Citation No.:
C20063248001
Sparta, Tennessee 38583 )
CITATION
Released: October 14, 2005
By the District Director, Atlanta Office, South Central
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 Chad Jolley for violation of
Section 302(b) of the Act, and Sections 2.803(a)(1) and
2.815(b) and (c) of the Commission's Rules (``Rules'').2
2. Investigation by the Commission's Atlanta Office
of the Enforcement Bureau (``Atlanta Office'') revealed
that on August 2, 2005, Mr. Jolley offered for sale in
the Beavis CB & PC Shop the following twenty-eight (28)
non-certified Citizens Band (``CB'') transceivers:
NAME /MODEL PRICE
Magnum S-3 $255.00
Magnum S-9 $350.00
Galaxy 95T $489.95
Galaxy 93T $459.95
Galaxy 33 HML $225.00
Galaxy 44V $245.00
Galaxy 55V $255.00
Galaxy 66V $285.00
Galaxy 73V $385.00
Galaxy 77 HML $285.00
Galaxy 88 HML $355.00
Galaxy 99V $415.00
Galaxy DX2517 $565.00
Gen. Stonewall Jackson $695.00
Gen. A.P. Hill $225.00
Gen. Lee $250.00
Connex 4400HP $285.00
Connex HP $245.00
Connex $225.00
Northpoint
$215.00
Ranger 6900 $320.00
RCI 6300 $295.00
Ranger 2950 $275.00
RCI 2970DX $445.00
Uniden 18XL $110.95
Mexican 3900HP $215.00
American 3900HP $245.00
Voyager VR9000 $270.00
According to the Commission's records, these devices have
not received an FCC equipment authorization, which is
required for CB transmitters marketed in the United States.
3. Section 302(b) of the Act states ``[n]o person
shall manufacture, import, sell, offer for sale, or ship
devices or home electronic equipment or systems, or use
devices, which fail to comply with regulations
promulgated pursuant to this section.'' Section
2.803(a)(1) of the Rules states that ``[i]n the case of a
device subject to certification, the device is being
offered for sale after such device has been authorized by
the Commission in accordance with the Rules.'' An agent
from the Atlanta Office observed twenty-eight non-
certified CB transmitters being offered for sale at the
Beavis CB & PC Shop, in violation of both of these
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 Rules3
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
CB transceiver models previously mentioned were identified
as having the modification or the capability to enable dual
use of CB and amateur frequencies.
5. In addition to the marketing of the non-certified
CB transceivers addressed above, Mr. Jolley is warned
that Section 302(b) of the Act, and Section 2.815(c) of
the Rules4 require FCC type acceptance (or Certification)
of External Radio Frequency Power Amplifiers (or
amplifier kits) capable of operation on any frequencies
below 144 MHz. On August 2, 2005, an agent from the
Atlanta Office observed Mr. Jolley offer for sale at the
Beavis CB & PC Shop non-certified External RF power
amplifiers capable of operation frequencies between 24
and 35 MHz with the following brand names: Magnum, Texas
Star, Brute Force, X-Force, Silver Streak and Palomar.
6. Furthermore, the Commission has revised Section
2.1204(a)(5) of the Rules5 to prohibit all marketing
and/or offering for sale in the United States of such
devices even when the seller(s) had provided assurances
that the transceivers are being sold solely for export.
ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE
COMMUNICATIONS ACT OF 1934, AS AMENDED AND THE
COMMISSION'S RULES.
7. Violations of the Act or the Rules
may subject the violator to substantial monetary
forfeitures,6 seizure of equipment through in rem forfeiture
action, and criminal sanctions, including imprisonment.7
8. Mr. Jolley may request an interview at
the closest FCC Office, which is Federal Communications
Commission, Atlanta Office 3575 Koger Blvd, Suite 320,
Duluth, GA 30096.8 You may contact this office by
telephone, (770) 935-3370, to schedule this interview, which
must take place within 14 days of this Citation. Mr. Jolley
may also submit a written statement to the above address
within 14 days of the date of this Citation. Any written
statements should specify what actions have been taken to
correct the violation[s] outlined above. Please reference
file number EB-05-AT-023 when corresponding with the
Commission.
9. Any statement or information provided by
you 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 Citation is punishable
by fine or imprisonment.10
10. IT IS ORDERED that copies of this
Citation shall be sent by First Class U.S. Mail and
Certified Mail, Return Receipt Requested to Chad Jolley at
his address of record and to the Beavis CB & PC Shop.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director
Atlanta Office
FCC Enforcement Bureau
_________________________
147 U.S.C. § 503(b)(5).
247 U.S.C. § 302a(b); 47 C.F.R. §§ 2.803(a)(1) and 2.815(b)
& (c).
347 C.F.R § 95.655(a).
447 C.F.R. § 2.815(c).
547 C.F.R. § 2.1204(a)(5).
647 C.F.R. § 1.80(b)(3).
747 U.S.C. §§ 401, 501, 503, 510.
847 U.S.C. § 503(b)(5).
9See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
10See 18 U.S.C. § 1001 et seq.