Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
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-DL-103
Joann Anson )
) Citation No.: C20063250003
d.b.a. Striker Antennas )
d.b.a. Striker CB Shop )
)
Oklahoma City, Oklahoma 73128 )
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 Joann Anson
d.b.a. Striker Antennas and as Striker CB Shop ("Joann Anson") for
violation of Section 302(b) of the Act, and Section 2.803(a)(1) of the
Commission's Rules ("Rules").
2. An investigation by the Commission's Dallas Office of the Enforcement
Bureau revealed that on July 20, 2006, Joann Anson offered for sale
non-certified Citizens Band ("CB") transceivers, namely, Connex model
4300HP, Galaxy models DX45MP, DX55T and DX99V, General model Lee, and
Magnum models S3, S380, S6 and S9. These transceivers did not have FCC
ID labels indicating they had been certified. 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. 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..." Joann Anson's
offering for sale of the transceivers listed in paragraph 2 violates
both sections.
4. Although Joann Anson 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.
5. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Commission's rules.
6. 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.
7. Joann Anson 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. Joann Anson 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-05-DL-103
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 Joann
Anson at her address of record and to the address of record for
Striker Antennas.
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. S 2.803(a)(1).
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 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
2
Federal Communications Commission