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

In the Matter of                )    File No.: EB-05-PO-183
                               )
Bradley Lynn Kinney             )    Citation No.: C20063292001
d/b/a/ Primerush CB Shop        )
                               )
Boise, Idaho                    )



                          CITATION

                                 Released:  October 31, 2005

By the Resident Agent, Portland Resident Agent 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 Bradley Lynn Kinney, d/b/a Primerush 
CB Shop, 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 Portland 
Office revealed that on September 29, 2005, you offered for 
sale non-certified Citizens Band (CB) transceivers, namely, 
General Model Lee, Magnum Model S-6, and  External Radio 
Frequency Power Amplifiers, namely Power Devil and Palomar 
Model Elite 250HD for CB use. 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...''

Bradley Lynn Kinney, d/b/a Primerush CB Shop'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, Bradley Lynn Kinney, d/b/a 
Primerush CB Shop 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.        Bradley Lynn Kinney, d/b/a Primerush CB Shop 
may request a personal interview at the closest FCC location 
to its place of business, namely:

          Federal Communications Commission
          Seattle District Office
          11410 NE 122nd Way
          Suite 312
                    Kirkland, WA 98034-6927

which can be contacted by telephone at 360-696-6707. Bradley 
Lynn Kinney, d/b/a Primerush CB Shop may also submit a 
written statement to the Seattle 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-05-PO-183 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




                         Binh Nguyen
                         Resident Agent
                         Portland Resident Agent 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.