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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No. EB-09-DT-0043

   Charles Leach )

   d.b.a. Radio Connection L.L.C )

   ) Citation No. C200932360001

   Jackson, MI )


   Released: April 9, 2009

   By the District Director, Detroit Office, Northeast 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 Charles Leach
   d.b.a. Radio Connection L.L.C. ("Radio Connection") for violation of
   Section 302(b) of the Act, and Section 2.803(a)(1), of the Commission's
   Rules ("Rules").

   2. Investigation by the Enforcement Bureau's Detroit Office revealed that,
   on March 6, 2009, Radio Connection offered for sale the following
   non-certified Citizens Band ("CB") transceiver at its store in Jackson,
   Michigan: General Lee Deluxe AM/FM amateur Transceiver. According to the
   Commission's records, this device has not received an FCC equipment
   authorization, which is required for Citizens Band transmitters marketed
   in the United States.

   3. 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...." Radio Connection's offering for sale the
   transceiver listed in paragraph 2 violates both sections.

   4. Although Radio Connection L.L.C. marketed the device listed in
   paragraph 2 as an amateur 10 meter radio, the Commission has evaluated
   devices similar to the General Lee Deluxe AM/FM Amateur Transceiver and
   has 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.

    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. Radio Connection 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-XXXXto schedule this interview, which
       must take place within 14 days of the Citation. Radio Connection 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-09-DT-0043 when corresponding with the

    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  Charles
       Leach at his address of record, and Radio Connection L.L.C. 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: 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. 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.

   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