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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-07-TP-072

   Racoon's CB Repair, Inc. )

   ) Citation No.: C20073270011

   Seffner, Florida 33584 )


                                                     Released: August 6, 2007

   By the District Director, Tampa Office, South Central Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"),  to Racoon's CB
       Repair, Inc. ("Racoon"), for violation of Section 302(b) of the Act,
       and Sections 2.803(a)(1) of the Commission's Rules ("Rules").

    2. Investigation by the Commission's Tampa Office of the Enforcement
       Bureau ("Tampa Office") revealed that on February 5, 2007, Racoon
       offered for sale non-certified Citizens Band ("CB") transceivers. A
       partial listing follows:

   Brand Name Model Price

   Galaxy DX-33HML $260.00

   Galaxy DX-44 $270.00

   Connex 3300-HP $280.00

   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. 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 " 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..." Racoon's offering
       for sale of the transceivers listed in paragraph two violates both of
       these sections.

    4. Although Racoon marketed the devices listed in paragraph two as 10
       meter amateur radios, the devices in question have been evaluated by
       the Commission and have been found to fall within the definition of a
       CB transmitter because they can be easily configured to operate on CB
       frequencies or are similar to those evaluated by the Commission.
       Additionally, dual use CB and amateur radios of the kind at issue here
       may not be certificated under the Rules.

    5. 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.

    6. Racoon may request an interview at the closest Commission Office,
       which is Federal Communications Commission,  2203 N Lois Avenue, Suite
       1215, Tampa Florida 33607. You may contact this office by telephone,
       (XXX) XXXX-XXXXo schedule this interview, which must take place within
       14 days of this Citation. Racoon 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-07-TP-072  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 
       Racoon's CB Repair, Inc.  at  its address of record.


   Ralph M. Barlow

   District Director, Tampa 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. S:S: 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


                       Federal Communications Commission