******************************************************** 
                      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-05-LA-308      
     CB & Ham Radio Shop   )                                
                                Citation No.: C20063290004  
     Ontario, California   )                                
                                                            
                           )                                


                                    CITATION

                                                       Released: May 10, 2006

   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"), to CB & Ham Radio Shop,
   for violation of Section 302(b) of the Act, Section 2.803(a)(1), Section
   2.815(b), and Section 2.815(c) of the Commission's Rules.

   2. An investigation by the Enforcement Bureau's Los Angeles Office
   revealed that on April 13, 2006, CB & Ham Radio Shop offered for sale
   non-certified Citizens Band ("CB") transceivers, namely, Galaxy Models
   DX88 & DX99 modified for CB use, and Texas Star External Radio Frequency
   Power Amplifiers for CB use. According to 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 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 & Ham Radio 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.

   5. In addition to the marketing of the non-certified transceivers
   addressed above, CB & Ham Radio Shop is warned that Section 2.815(c) 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) 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.

   6. 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.

   7. CB & Ham Radio Shop may request a personal interview at the closest FCC
   location to its place of business, which is Federal Communications
   Commission, 18000 Studebaker Road, Suite 660, Cerritos, CA 90703. You may
   contact this office by telephone at 562-865-0598. CB & Ham Radio Shop 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-05-LA-308 should be referenced.

   8. Any statement or information provided by you 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 Citation is
   punishable by fine or imprisonment.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 503(b)(5).

   47 U.S.C. S 302a(b).

   47 C.F.R. SS 2.803(a)(1), 2.815(b), 2.815(c).

   47 C.F.R. S 95.655(a); 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.

   47 C.F.R. S 2.815(c).

   47 C.F.R. S 2.815(b).

   See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).

   See 18 U.S.C. S 1001 et seq.

                       Federal Communications Commission

   2

                       Federal Communications Commission