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   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                                
                                                             
                            )                                
     In the Matter of            File Number: EB-07-DV-058   
                            )                                
     CB Shop & More, LLLP       NAL/Acct. No.: 200732800008  
                            )                                
     Loveland, Colorado         FRN: 0016797623              
                            )                                
                                                             
                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 28, 2007

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that CB Shop & More, LLLP ("CB Shop"), in Loveland, Colorado,
       apparently willfully and repeatedly violated Section 302(b) of the
       Communications Act of 1934, as amended ("Act"), and Section
       2.803(a)(1) of the Commission's Rules ("Rules") by offering for sale a
       non-certified Citizens Band ("CB") transceiver. We conclude, pursuant
       to Section 503(b) of the Act, CB Shop is apparently liable for a
       forfeiture in the amount of seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On November 25, 2002, an agent from the Enforcement Bureau's Denver
       Office inspected the CB Shop in Loveland, Colorado. The agent observed
       that the store displayed and offered for sale twelve models of CB
       transceivers, specifically, one Super Star 121 transceiver, one
       General Longstreet transceiver, one Connex CX3300HP transceiver, one
       Connex CX4400HP transceiver, and eight Galaxy transceivers models
       DX33HML, DX44V, DX55V, DX66V, DX73, DX77HML, DX88HL, and DX99V. A
       review of the Commission's records revealed that these devices had not
       received an equipment authorization from the Commission.

    3. On November 26, 2002, the FCC Denver Office issued a Citation to CB
       Shop for violation of Section 302(b) of the Act and Section
       2.803(a)(1) of the Commission's Rules by selling non-certified CB
       transceivers. The Citation warned the CB Shop that future violations
       may subject CB Shop to civil monetary forfeitures not to exceed
       $11,000 for each violation or each day of a continuing violation,
       seizure of equipment through in rem forfeiture action, and criminal
       sanctions including fines and imprisonment.

    4. In a response dated December 3, 2002, counsel for CB Shop disputed the
       Citation, stating that the transceivers listed in the Citation were
       legal to sell. Counsel for CB Shop further requested that the Denver
       Office withdraw the Citation within 14 days from December 3, 2002. In
       a response to the CB Shop, dated December 18, 2002, the Denver Office
       reaffirmed the violation and warned that the marketing of the
       non-certified CB transceivers should cease immediately.

    5. On January 26, 2007, and March 8, 2007, the Denver Office received
       complaints alleging that the CB Shop was selling non-certified CB
       transmitters and modified 10-meter band radios. On March 30, 2007,
       Denver agents visited the CB Shop. Agents noted that one of the CB
       transceivers offered for sale was a Galaxy Model DX99V and asked if
       they could purchase the transceiver. The Denver agents subsequently
       identified themselves as FCC agents, and proceeded to interview the
       owner of the CB Shop. The owner acknowledged that he once received a
       Citation from the FCC, but he thought it was still legal for them to
       sell the referenced CB transceivers.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    7. Section 302(b) of the Act provides that "[n]o 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 "[e]xcept as provided elsewhere
       in this section, 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 in the case of a device
       subject to certification such device has been authorized by the
       Commission . . . ."

    8. CB radio transceivers are subject to the equipment certification
       process and must be certified and properly labeled prior to being
       marketed or sold in the United States. Unlike CB radio transceivers,
       radio transmitting equipment that transmits solely on Amateur Radio
       Service ("ARS") frequencies is not subject to equipment authorization
       requirements prior to manufacture or marketing. However, some radio
       transmitters that transmit in a portion of the 10-meter band of the
       ARS (28.000 to 29.700 MHz) are equipped with rotary, toggle, or
       pushbutton switches mounted externally on the unit, which allow
       operation in the CB bands after completion of minor and trivial
       internal modifications to the equipment. To address these radios, the
       Commission adopted changes to the CB type acceptance requirements by
       defining a "CB Transmitter" as "a transmitter that operates or is
       intended to operate at a station authorized in the CB." Section
       95.655(a) of the Rules also states that no transmitter will be
       certificated for use in the CB service if it is equipped with a
       frequency capability not listed in Section 95.625 of the Rules (CB
       transmitter channel frequencies). Also, the Commission's Office of
       General Counsel ("OGC") released a letter on the importation and
       marketing of ARS transmitters, which clarified that transmitters that
       "have a built-in capacity to operate on CB frequencies and can easily
       be altered to activate that capacity, such as by moving or removing a
       jumper plug or cutting a single wire" fall within the definition of
       "CB transmitter" under Section 95.603(c) of the Rules and therefore
       require certification prior to marketing or importation. Additionally,
       the Commission's Office of Engineering and Technology ("OET") has
       evaluated the Galaxy model at issue here and has determined that these
       devices could easily be altered for use as a CB transceiver.

    9. On November 26, 2002, the Denver Office issued a Citation to CB Shop's
       retail store in Loveland, Colorado, for violation of Section 302(b) of
       the Act and Section 2.803(a)(1) of the Rules. Specifically, the CB
       Shop was selling non-certified Galaxy CB transceivers. On March 30,
       2007, a subsequent inspection by two Denver agents revealed that the
       CB Shop retail store in Loveland, Colorado, continued to sell
       non-certified Galaxy CB transceivers, specifically a Galaxy Model
       DX99V. At the time of the inspection, the owner of the store
       acknowledged to the Denver agents that the store had previously
       received a Citation from the Commission.

   10. CB Shop previously received a Citation concerning the sale of
       non-certified Galaxy CB transceivers in its Loveland, Colorado, store,
       but continued to sell the transceivers. Therefore, its violation was
       willful. The violation occurred on more than one day. Therefore, it
       was repeated.   Based on the evidence before us, we find that  CB Shop
       apparently willfully and repeatedly violated Section 302(b) of the Act
       and Section 2.803(a)(1) of the Rules by offering for sale a
       non-certified CB transceiver.

   11. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for marketing unauthorized equipment is $7,000
       per violation. In assessing the monetary forfeiture amount, we must
       also take into account the statutory factors set forth in Section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, and history of prior offenses,
       ability to pay, and other such matters as justice may require.
       Applying the Forfeiture Policy Statement, Section 1.80, and the
       statutory factors to the instant case, we conclude that CB Shop  is
       apparently liable for a  $7,000 forfeiture.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, CB Shop & More, LLLP, is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of seven thousand dollars ($7,000) for willfully and repeatedly
       violating Section 302(b) of the Act, and Section 2.803(a)(1) of the
       Rules. 

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, CB Shop & More, LLLP,
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above. 
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, Colorado 80226 and must include
       the NAL/Acct. No. referenced in the caption.

   16. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   17. Requests for payment of the full amount of this Notice of Apparent
       Liability under an installment plan should be sent to: Associate
       Managing Director - Financial Operations, Room 1A625, 445 12th Street,
       S.W., Washington, D.C. 20554.

   18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to CB Shop & More, LLLP, at its address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

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

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

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

   47 C.F.R. Part 2, Subpart J.

   Citation to CB Shop & More, LLLP, released November 26, 2002 ("Citation").

   See 47 C.F.R. S: 1.80(b)(3).

   See 47 U.S.C. S:S: 501, 503(b), 510.

   In a response to the Denver Office, dated December 23, 2002, Counsel for
   CB Shop again disputed the Citation and requested that the Citation be
   withdrawn by the Denver Office within 14 days.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

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

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

   See 47 C.F.R. S:S: 2.907, 2.927(a).

   47 C.F.R. S: 95.603(c).

   47 C.F.R. S: 95.655(a).

   Letter from Christopher Wright, General Counsel, FCC to John Wood, Chief
   Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC,
   1999).

   Pilot Travel  Centers, 19 FCC Rcd at 23119.

   The Galaxy transceiver found by the agent at the time of the inspection
   has previously been evaluated by OET, which determined that it was a
   non-certified CB transceiver.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S:S: 302a(b), 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   2.803(a)(1).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission