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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-PA-074
All American Plazas, Inc. )
) Citation No.: C200632400002
Milton, PA 17847 )
CITATION
Released: April 12, 2006
By the District Director, Philadelphia Office, 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"), to Brian Snook/All
American Plazas, Inc. for violation of Section 302(b) of the Act and
Section 2.803(a)(1) of the Commissions Rules.
2. Investigation by the FCC's Philadelphia Office revealed that on
February 23, 2006, Brian Snook/All American Plazas, Inc. offered for
sale the following non-certified Citizen Band transceivers:
Name Model
Millennium 2002
Magnum S-9
Connex 4800 DXL
President General LEE
According to the Commission's records, these devices have not received an
FCC equipment authorization which is required for Citizen Band
transmitters marketed in the United States.
3. Section 302(B) of the Act states "[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
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 ..." Mr. Brian Snook
(All American Plazas, Inc.) offer for sale violates 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 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.
5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its
Rules^5 to prohibit all marketing and/or offering for sale in the
United States of such devices even when the purchasers(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 COMMISSIONS RULES.
6. Violations of the Act of the Commission's Rules may subject the
violator to substantial monetary forfeitures,^6 seizure of the
equipment through in rem forfeiture action, and criminal sanctions,
including imprisonment^7.
7. Brian Snook/All American Plazas, Inc. may request an interview at the
closest FCC Office, which is Federal Communications Commission, One
Oxford Office Plaza Suite 404, 2300 East Lincoln Highway, Langhorne,
PA 19047^8. You may contact this office by telephone, (215) 741-3016,
to schedule this interview, which must take place within 14 days of
this Citation. Brian Snook/All American Plazas, Inc. 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-06-PA-074 when corresponding with the
Commission.
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.
9. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Brian
Snook/All American Plazas, Inc. at [its/his/her] record of address.
FEDERAL COMMUNICATIONS COMMISSION
John Rahtes
District Director, Philadelphia Office
Northeast
Enforcement Bureau
47 U.S.C. S 503(b)(5).
[Citation to Rule Sections or Act].
47 U.S.C. S 503(b)(5).
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