This just in from
FCC's website!!
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
ATLANTA OFFICE
March 19, 2004
CB Sales and Service
FILE No.: EB-04-AT-024
ATTN: Mr. Jim Norton
Sent via Certified
190E Lenlock Lane
Return Receipt requested and
Anniston, AL 36206
First Class mail
CITATION
No.: C200432480001 Released: March 19, 2004
By the Enforcement Bureau, Atlanta Office
1. This is an Official Citation issued pursuant to
Section 503(b) of The Communications Act of 1934, as amended
(``Act'', 1 to Mr. Jim Norton, owner of
CB Sales and
Service, Anniston, Alabama, for violation of Section 302(b)
of the Act, 2 and Section 2.803(a)(1) of the Commission's
Rules.3
2. An investigation by the
FCC's Atlanta Office
revealed that on March 11, 2004, you offered for sale at your
retail store located at 190E Lenlock Lane, Anniston, Alabama,
eight models of non-certified Citizens Band transceivers,
namely, a Galaxy model DX66V, a Galaxy model DX 73V, a Galaxy
model 48T Big Rig Series, a Galaxy model DX88HL, and a
Galaxy model DX77HML, a Galaxy DX44V, Galaxy DX33HML, and
Galaxy model DX99V. According to Commission's records, these
devices have not received an
FCC equipment authorization
which is required for Citizens Band transmitters marketed in
the United States. Furthermore, these devices bore no
FCC
equipment authorization labeling that is required for
Citizens Band transceivers marketed in the United States.4
3. Section 302(b) of the Act provides ``{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 ``...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...''
Jim Norton's
CB Sales and Service's offer for sale of these
devices violates both sections.
4. Additionally, dual use
CB and amateur radios of the
kind at issue here may not be certificated under the
Commission's rules. Section 95.655(a) of the rules states:
``...
({
CB} Transmitters with frequency capability for the Amateur
Radio Services....will not be
certificated.)'' See also
FCC 88-256, 1988 WL 488084 (August
17, 198<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> . 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.
Five of the Galaxy model
CB transceivers previously mentioned
were identified as having the modification done to enable
dual use of
CB and amateur frequencies. These units were
Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL; and
Galaxy DX77HML.
5. Furthermore, the Commission has revised Section
2.1204(a)(5) of its rules to prohibit all marketing and/or
offering for sale in the United States of such devices even
when the purchaser(s) had provided assurances that the
transceivers are being bought solely for export. ALL
DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE
COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S
RULES.
6. Subsequent violations of the Communications Act or
of the Comission's Rules may subject the violator to
substantial monetary forfeitures not to exceed $11,000
foreach such violation or each day of a continuing violation,
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.
7. Mr. Jim Norton may request a personal interview at
the closest
FCC location to its place of business, namely:
Federal Communications Commission
3575 Koger Blvd., Suite 320
Duluth, GA 30096
which can be contacted by telephone at 770-935-3370. Any
written statement should specify what actions have been taken
to correct the violation outlined above. When corresponding
with the Commission, case number EB-04-AT-024 should be
referenced.
8. Any statement or information provided 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 notice is punishable by fine or imprisonment.
FEDERAL COMMUNICATIONS COMMISSION
Fred Broce
District Director, Atlanta Office
1 47 U.S.C. § 503(b)(5)
2 47 U.S.C. § 302a(b)
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.409(a) & 2.925(a)
====================================
The Philadelphia Office also levied a $10,000 fine against Best
Wok in New Jersey after repeated violations regarding unlicensed use of 2 Meter equipment in their business.
(Guess they "Wok'ed" their world, huh? <snicker>>
73
CWM
Source:
www.arrl.org
</p>
FCC Strikes Yet AGAIN! 
Linear Mode
