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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-10-DT-0114
Doctor Radio's CB Shop )
Citation No.: C201132360001
Monroe, Michigan )
)
)
CITATION
ILLEGAL MARKETING OF UNAUTHORIZED RADIOFREQUENCY DEVICES
Adopted: January 4, 2011 Released: January 5, 2011
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
I. INTRODUCTION
1. This is an official CITATION issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Communications Act"), to
Doctor Radio's CB Shop ("Doctor Radio") for marketing unauthorized
radio frequency devices in the United States in violation of Section
302(b) of the Communications Act, and Section 2.803(a)(1) of the
Commission's rules ("Rules").
2. Doctor Radio should take immediate steps to come into compliance and
to avoid any recurrence of this misconduct. As explained below and as
provided in the Communications Act, future violations of the Rules in
this regard may subject your company to substantial monetary
penalties, seizure of equipment, and criminal sanctions.
II. background
3. On October 20, 2010, an agent from the Enforcement Bureau's Detroit
Office ("Detroit Office") visited the Doctor Radio store located at
1255 N. Dixie Highway, Monroe, Michigan, and observed that the store
offered for sale the Cobra Sound Tracker and the Cobra 150 GTL DX. A
store employee explained to the agent that the Cobra Sound Tracker, a
Citizens Band ("CB") transceiver, was modified to operate with 170
watts of power. The store employee further explained that the Cobra
150 GTL DX was an amateur radio that could operate on CB frequencies.
III. applicable law and violations
4. Section 302(b) of the Communications 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."
5. Section 2.803(a)(1) of the Commission's implementing regulations
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: [i]n 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...."
6. Radio transceivers used in the CB radio service must be certified by
the FCC prior to marketing. Internal modifications to a certificated
CB transmitter are not allowed and will void a CB transceiver's
certification. The Cobra Sound Tracker offered for sale to the agent
was modified to allow an output power that far exceeded the power
level permissible under 47 C.F.R. S: 95.410. Such modification voided
the transceiver's certification and therefore cannot be sold in the
United States.
7. Dual use CB and amateur radios may not be certificated under the
Commission's rules. Section 95.655(a) of the rules specifically
states: "...([CB] Transmitters with frequency capability for the
Amateur Radio Services...will not be certificated.)." Accordingly,
such devices cannot legally be imported or marketed in the United
States. The Cobra 150 GTL DX offered for sale at Doctor Radio had both
CB and amateur radio capability and therefore cannot be sold in the
United States.
IV. FUTURE COMPLIANCE
8. If, after receipt of this Citation, Doctor Radio violates the
Communications Act or the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures of up
to $16,000 for each such violation or each day of a continuing
violation and up to $112,500 for any single act or failure to act. In
addition, violations of the Communications Act or the Rules can result
in seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
9. Doctor Radio may respond to this Citation within thirty (30) days
after the release date of this Citation either through (1) a personal
interview at the closest FCC office, or (2) a written statement. Any
written statements should specify what actions have been taken by
Doctor Radio to ensure that it does not violate the Rules governing
the marketing of radio frequency devices in the future. Please
reference file number EB-10-DT-0114 when corresponding with the
Commission.
10. Under the Privacy Act of 1974, 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, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
Section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
V. CONTACT INFORMATION
11. The closest FCC Office is the Detroit Office in Farmington Hills,
Michigan. You may contact James Bridgewater by telephone, (248)
471-5661, to schedule a personal interview, which must take place
within thirty (30) days after the release date of this Citation. You
should send any written statement within thirty (30) days after the
release date of this Citation to: Federal Communications Commission,
Detroit Office, 24897 Hathaway Street, Farmington Hills, MI 48335.
12. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact
you if we need more information. Please allow at least five (5) days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
To request this document in accessible formats for people with
disabilities (braille, large print, electronic files, audio format):
202-418-0530 (voice), 202-418-0432 (tty).
VI. ORDERING CLAUSES
13. IT IS ORDERED that a copy of this Citation shall be sent both by First
Class U.S.
Mail and Certified Mail, Return Receipt Requested mail to Doctor Radio's
CB Shop at 1255 N. Dixie Highway, Monroe, Michigan.
FEDERAL COMMUNICATIONS COMMISSION
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).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S: 95.409.
47 C.F.R. S: 95.655(a).
See Response from the Commission's General Counsel to the U.S Customs
Service, dated May 17, 1999, 14 FCC Rcd 7797 (1999) (advising U.S. Customs
Service that dual use CB and amateur radios are not acceptable for
importation into the United States).
See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.").
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Federal Communications Commission DA 11-5
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Federal Communications Commission DA 11-5