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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Phillip Symonds )

   Darda Troyer ) File No. EB-08-DT-0176

   d.b.a Flat River Discount Electronics )


   And ) Citation No. C200832360010


   Hi-Delite Restaurant, Inc. )



   Greenville, Michigan )



   Released: July 29, 2008

   By the District Director, Detroit Office, Northeast Region, Enforcement

   This is an official Citation issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), to Phillip Symonds and
   Darda Troyer d.b.a. Flat River Discount Electronics and Hi-Delite
   Restaurant, Inc. (referred to herein jointly as "Flat River") 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").

    1. Investigation by the Enforcement Bureau's Detroit Office revealed
       that, on July 10, 2008, Flat River offered for sale the following
       non-certified Citizens Band ("CB") transceivers at its store in
       Greenville, Michigan: Ranger Model RCI 2950; Galaxy Model DX44V;
       Connex Model 3300. According to the Commission's records, these
       devices have not received an FCC equipment authorization, which is
       required for Citizens Band transmitters marketed in the United States.

    2. Section 302(b) of the Act provides that "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...." Flat River's
       offering for sale of the transceivers listed in paragraph 2 violates
       both sections.

   3. Although Flat River marketed the devices listed in paragraph 2 as
   amateur 10 meter radios, the Commission has evaluated devices similar to
   those at issue and concluded they fall within the definition of a CB
   transmitter because they can easily be configured to operate on CB
   frequencies. Additionally, we note that dual use CB and amateur radios of
   the kind at issue here may not be certificated under the Rules.

   4. Also on July 10, 2008, agents found that Flat River offered for sale at
   its store in Greenville, Michigan, the following non-certified External
   Radio Frequency Power Amplifier: Texas Star Model DX250 HDV. 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. Flat River's offering for sale of the non-certified
   External Radio Frequency Power Amplifier violates both sections of the
   Rules and Section 302(b) of the Act.

    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. Flat River may request a personal interview at the closest FCC Office,
       which is Federal Communications Commission, 24897 Hathaway Street,
       Farmington Hills, Michigan 48335-1552. You may contact this office by
       telephone, (XXX) XXXX-XXXX to schedule this interview, which must take
       place within 14 days of the Citation. Flat River may also submit a
       written statement to the above address within 14 days of the date of
       this Citation.  Any written statement should specify what actions have
       been taken to correct the violations outlined above. Please reference
       case number EB-08-DT-0176 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 Fist Class
       U.S. Mail and Certified Mail, Return Receipt Requested to  Phillip
       Symonds at his address of record, Darda Troyer at his address of
       record, and Hi-Delite Restaurant, Inc. at its address of record.


   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

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

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

   47 C.F.R. S:S: 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. 95.655(a); see also Amendment of Part 95, Subpart E, Technical
   Regulations in the Personal RadioService Rules, Order, 3 FCC Rcd 5032
   (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(b).

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

   See 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: 552(e)(3).

   See 18 U.S.C. S: 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission