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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
                                )                                
     In the Matter of                                            
                                )   File No.: EB-10-CG-0013      
     Gary L. Stanford, d.b.a.                                    
                                )   Citation No.: C201132320001  
     Spark Gap CB Shop                                           
                                )   FRN: 16 7248 90              
     Lincoln, Illinois                                           
                                )                                
                                                                 
                                )                                


                                    CITATION

           ILLEGAL MARKETING OF UNAUTHORIZED RADIO FREQUENCY DEVICES

   Adopted: June 1, 2011 Released: June 2, 2011

   By the District Director, Chicago District 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
       Gary L. Stanford, d.b.a. Spark Gap CB Shop ("Spark Gap CB") for
       marketing in the United States unauthorized radio frequency devices
       and external radio frequency power amplifiers in violation of section
       302(b) of the Communications Act, and sections 2.803(a)(1) and
       2.815(b) of the Commission's rules ("Rules").

    2. Spark Gap CB 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 you to substantial monetary penalties, seizure
       of equipment, and criminal sanctions.

   II. background

    3. On November 1, 2010, an agent from the Enforcement Bureau's Chicago
       Office visited the Spark Gap CB shop located at 926 Woodlawn Road,
       Lincoln, Illinois. The agent asked if the store had any amplifiers for
       sale and a store employee showed the agent a display case with
       external radio frequency power amplifiers for sale from several
       different manufacturers. The store employee also suggested that the
       agent consider purchasing a ten-meter amateur radio that is modified
       to operate on frequencies in the eleven-meter Citizen's Band. The
       store employee showed the agent a ten-meter amateur radio that was on
       display and operating on a Citizen's Band frequency.

   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. The applicable implementing regulations for section 302(b) are set
       forth in section 2.803, of the Rules. 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 ... [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 as required by S: 2.925 and other relevant sections in this
   chapter.

   Additionally, section 2.803(g) of the Rules provides in relevant part
   that:

   [R]adio frequency devices that could not be authorized or legally operated
   under the current rules ... shall not be operated, advertised, displayed,
   offered for sale or lease, sold or leased, or otherwise marketed absent a
   license issued under part 5 of this chapter or a special temporary
   authorization issued by the Commission.

    6. Section 2.815(b) of the Rules also provides that "[n]o person shall
       manufacture, sell or lease, 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
       external radio frequency power amplifier...unless the amplifier has
       received a grant of certification in accordance with subpart J of this
       part and other relevant parts of this chapter."

    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.

    8. Spark Gap CB offered to sell to an individual (an undercover
       Enforcement Bureau agent) an external radio frequency power amplifier
       and a ten-meter amateur radio with both CB and amateur radio
       capability. Accordingly, we find that Spark Gap has violated section
       302(b) of the Communications Act and sections 2.803 and 2.815(b) of
       the Rules by marketing in the United States external radio frequency
       power amplifies and radio frequency devices that are not eligible for
       certification. We therefore issue this Citation to Spark Gap for
       violating the Rules as discussed above. Spark Gap should take
       immediate steps to ensure that it does not import, advertise, or sell
       such devices..

   IV. FUTURE COMPLIANCE

    9. If, after receipt of this Citation, Spark Gap CB 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.

   10. Spark Gap CB 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
       Spark Gap CB Shop 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-CG-0013 when corresponding with the
       Commission.

   11. 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

   12. The closest FCC office is the Chicago District Office in Park Ridge,
       Illinois. You may contact  James M. Roop by telephone, 847-813-4660,
       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, Chicago Office,
       1550 North Northwest Hwy, Suite 306, Park Ridge, Illinois 60068-1460.

   13. 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

   14. IT IS ORDERED that a copy of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested, to Gary
       L. Stanford, d.b.a. Spark Gap CB Shop, 926 Woodlawn Road, Lincoln,
       Illinois 62656.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago Office

   Northeast Region

   Enforcement Bureau

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

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

   47 C.F.R. S:S: 2.803(a)(1) and 2.815(b)

   47 C.F.R. S: 2.803.

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

   47 C.F.R. S: 2.803(g).

   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.").

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-984

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   Federal Communications Commission DA 11-984