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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-06-SF-242

   Yak Yak Shack )

   ) Citation No.: C20073296002

   Red Bluff, CA 96080 )


                                                   Released: January 17, 2007

   By the District Director, San Francisco District Office, Western 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 Yak Yak Shack
       for violation of Section 302(b) of the Act and Section 2.803(a)(1) of
       the Commission's Rules.

    2. Investigation by the Enforcement Bureau's San Francisco Office
       revealed that on September 19, 2006, Yak Yak Shack offered for sale
       non-certified Citizens Band ("CB") transceivers, namely, Galaxy Models
       DX95T and Galaxy DX99V, and Ranger Models RCI 2950DX and RCI 2970DX.
       According to the Commission's records, these devices have not received
       a FCC equipment authorization which is required for Citizens Band
       transmitters marketed in the United Stations.

    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 " 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..." Yak Yak Shack's offer for sale of
       these devices violates both sections.

    4. Dual use CB and amateur radios of the kind at issue here may not be
       certificated under the Commission's rules.

    5. Violations of the Act 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, seizure of
       equipment through in rem forfeiture action, and criminal sanctions,
       including imprisonment.

    6. Yak Yak Shack may request an interview at the closest FCC Office,
       which is Federal Communications Commission, 5653 Stoneridge Dr., Ste
       105, Pleasanton, CA 94588-8543. You may contact this office by
       telephone, XXX XXX-XXXX, to schedule this interview, which must take
       place within 14 days of this Citation. Yak Yak Shack 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 outlined above. Please reference
       file number EB-06-SF-242 when corresponding with the Commission.

    7. 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.

    8. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to Yak
       Yak Shack at its address of record.


   Thomas N. Van Stavern

   District Director, San Francisco District Office

   Western Region

   Enforcement Bureau

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

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

   47 C.F.R. 2.803(a)(1).

   Section 95.655(a) of the Rules, 47 C.F.R. S 95.655(a), states: "[CB]
   Transmitters with frequency capability for the Amateur Radio
   Services....will not be certificated." See also Amendment of the Part 95,
   Subpart E, Technical Regulations in the Personal Radio Services Rules, 3
   FCC Rcd 5032 (1988).

   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


                       Federal Communications Commission