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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-DL-130
Cindy Tork )
Stephen L. Tork ) Citation No.: C20063250002
Fred Cordell )
Kimla Cordell )
)
d.b.a. CBs at Their Best )
)
Pauls Valley, Oklahoma 73075 )
CITATION
Released: September 29, 2006
By the District Director, Dallas 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"), to Cindy Tork,
Stephen L. Tork, Fred Cordell, Kimla Cordell d.b.a. CBs At Their Best
("CBs At Their Best") for violation of Section 302(b) of the Act, and
Sections 2.803(a)(1), 2.815(b) and 2.815(c) of the Commission's Rules
("Rules").
2. Investigation by the Commission's Dallas Office of the Enforcement
Bureau revealed that on July 19, 2006, CBs At Their Best, through the
use of internet website www.cbsattheirbest.net, offered for sale
thirty non-certified Citizens Band ("CB") transceivers as follows:
Brand Model Price
Connex 3300 $185.00
Connex 3300HP $220.00
Connex 3300LEHP $230.00
Connex 3300Patriot $230.00
Connex 4400HP $240.00
Connex 4800HPE $?
Galaxy DX2517 $450.00
Galaxy DX2547 $339.00
Galaxy DX33HML $199.00
Galaxy DX44V $219.00
Galaxy DX55V $190.00
Galaxy DX66V $265.00
Galaxy DX77HML $240.00
Galaxy DX88HL $325.00
Galaxy DX93T $430.00
Galaxy DX99V $360.00
General General Lee $210.00
Magnum S-3 $230.00
Magnum S-9 $359.95
Ranger 2950DX3 $315.00
Ranger 2970DX3 $419.00
Ranger 2980DX $449.00
Ranger 2985DX $490.00
Ranger 2995DX $559.00
Ranger 6300F150-Turbo $405.00
Ranger 6300F25 $299.99
Ranger 6900F150 $434.99
Ranger 6900F25 $315.00
Superstar 121 $135.00
Superstar 3900G $189.00
According to Commission records these devices have not received an FCC
equipment authorization, which is required for CB transmitters marketed in
the United States.
3. CBs At Their Best, through the use of internet website
www.cbsattheirbest.net, also offered for sale non-certified External
Radio Frequency Power Amplifiers as follows:
Brand Model Price
Texas Star 250HDV $175.00
Texas Star DX400V $275.00
Texas Star DX500V $325.00
Texas Star DX667V $385.00
Texas Star DX1200 $500.00
Texas Star DX1600 $600.00
Texas Star ModV $115.00
Twister XL250V $149.95
Twister XL350 $225.00
Twister XL400V $310.00
Twister XL800 $395.00
4. 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..." CBs At Their Best's
offering for sale of the transceivers listed in paragraph 2 violates
both sections.
5. Although CBs At Their Best marketed the devices listed in paragraph 2
as 10 meter mobile radios, the Commission has evaluated devices
similar to those at issue and concluded that they fall within the
definition of a CB transmitter because they can be easily configured
to operate on CB frequencies.
6. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Rules.
7. Section 2.815(c) of the Rules prohibits the manufacture, sale, or
offering for sale of any External Radio Frequency Power Amplifier (or
amplifier kits) capable of operation on any frequency below 144 MHz
unless the amplifier has received a grant of type acceptance.
Furthermore, Section 2.815(b) of the Rules prohibits the sale or
marketing of External Radio Frequency Power Amplifiers (or amplifier
kits) capable of operating on any frequency between 24 and 35 MHz.
CBs At Their Best's offering for sale of the non-certified External
Radio Frequency Power Amplifiers listed in paragraph 3 violates both
sections of the Rules and Section 302(b) of the Act.
8. Violations of the Act or the Rules may subject the violator to
substantial monetary forfeitures, seizure of equipment through in rem
forfeiture action, and criminal sanctions, including imprisonment.
9. Cindy Tork, Stephen L. Tork, Fred Cordell, Kimla Cordell d.b.a. CBs At
Their Best may request an interview at the closest FCC Office, which
is Federal Communications Commission, 9330 LBJ Freeway, #1170, Dallas,
Texas 75243. You may contact this office by telephone, XXX XXX-XXXX,
to schedule this interview, which must take place within 14 days of
this Citation. Cindy Tork, Stephen L. Tork, Fred Cordell, Kimla
Cordell d.b.a. CBs At Their Best 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 violations outlined above. Please reference file number
EB-06-DL-130 when corresponding with the Commission.
10. 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.
11. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Cindy
and Stephen L. Tork, Fred and Kimla Cordell at their addresses of
record and the address of record for CBs At Their Best.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director, Dallas Office
South Central 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).
See Letter from Christopher Wright, General Counsel, FCC to John Atwood,
Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797
(OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S 95.603(b)
("transmitter that operates or is intended to operate at a station
authorized for the CB service").
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(c).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
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
4
Federal Communications Commission