Gittin' more regular, now ain't it?





CWM







Before the

Federal Communications Commission

Washington, D.C. 20554







In the Matter of )

)

Gambler's C.B. & Ham Radio Sales & Service ) File No.

EB-04-DT-225

)

Pinconning, Michigan ) Citation No.

C20043236004 )



CITATION

Released: April 13,

2004





By the Enforcement Bureau, Detroit Office:



1. This is an official Citation issued pursuant to Section

503(b)(5) of the Communications Act of 1934, as amended

(``Act''),1 to Gambler's C.B. & Ham Radio Sales & Service

(``Gambler's'') for violation of Section 302(b) of the Act,2

and Sections 2.803(a)(1) and 2.815(b) of the Commission's

Rules (``Rules'').3



2. On April 9, 2004, Gambler's offered for sale at their

store located at 4671 North Huron Road, Pinconning,

Michigan, the following non-certified Citizens Band (``CB'')

transceivers:



NAME MODEL COST

Ranger RCI 2970 DX

$449.95

Ranger RCI 2980 WX

$449.95

Ranger RCI 2985 DX

$479.95

Ranger RCI 6300 F

$329.95

Galaxy DX33HML $198.95

Galaxy DX48T

$419.95

Galaxy DX66V

$279.95



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.



3. Section 302(b) of the Act provides ``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....'' Gambler's offer

for sale of these devices violates both sections.



4. Gambler's marketed these devices as amateur

transceivers. The Commission has evaluated radiofrequency

devices similar to those listed in paragraph 2 and concluded

that the devices at issue are not only amateur radios but

can easily be altered for use as CB devices as well. A CB

transmitter is a transmitter that operates or is intended to

operate at a station authorized for the CB service, and it

must be certificated by the FCC prior to marketing or

importation.4 The Commission has further concluded that

these devices fall within the definition of a CB transmitter

and therefore cannot legally be imported or marketed in the

United States. See Response from the Commission's General

Counsel to U.S. Customs Service dated May 17, 1999, 14 FCC

Rcd 7797 (1999).



5. 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 Rules5 states

``....([CB] Transmitters with frequency capability for the

Amateur Radio Services....will not be certificated.'' See

also FCC 88-256, 1988 WL488084 (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.



6. Furthermore, the Commission has revised Section

2.1204(a)(5) of its Rules6 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.



7. In addition to the marketing of the non-certified

transceivers addressed above, Gambler's also offered for

sale on April 9, 2004, the following CB external radio

frequency power amplifiers (``linears''):



NAME MODEL COST

Palomar Skipper

$349.95

Palomar 225 $119.95

Palomar 250 $159.95

Palomar Skipper 350

$179.95

Palomar 650 Magnum

$348.95



8. The linear amplifiers indicated above are not only

illegal to sell but also illegal to advertise for sale.

Section 302(b) of the Act provides ``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...'' Section 2.815(b) of

the Rules states: ``... no person shall manufacture, sell

... any external radio frequency power amplifier or

amplifier kit capable of operation on any frequencies

between 24 and 35 MHz.'' Gambler's offer for sale of these

devices violates these sections.



9. Subsequent violations of the Communications Act and/or

the Commission's Rules may subject the violator to

substantial monetary forfeitures not to exceed $11,000 for

each such violation or each day of a continuing violation,7

seizure of equipment through in rem forfeiture action, and

criminal sanctions including imprisonment.8



10. Gambler's may request a personal interview at the

Commission's Field Office nearest your place of business.

The nearest office is the Detroit Office, 24897 Hathaway

Street, Farmington Hills, Michigan 48335-1552, which you may

contact by telephone at (24<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> 471-5661. You must schedule

this interview to take place within fourteen (14) days of

the date of this Citation. Alternatively, you may submit a

written statement to the above address within fourteen (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-

04-DT-225 when corresponding with the Detroit Office.



11. This Citation shall be sent First Class U.S. Mail and,

Certified Mail, Return Receipt Requested, to Gambler's C.B.

& Ham Radio Sales & Service, 4671 North Huron Road,

Pinconning, Michigan 48650.



12. The Privacy Act of 19749 requires that we advise you

that the Commission will use all relevant material

information before it, including any information disclosed

in your reply, to determine what, if any, enforcement action

is required to ensure compliance. Any false statement made

knowingly and willfully in reply to this Citation is

punishable by fine or imprisonment under Title 18 of the

U.S. Code.10 Please be advised that if you choose not to

respond to this Citation and a forfeiture is issued, your

unresponsiveness will be considered in our assessment of a

forfeiture amount.





FEDERAL

COMMUNICATIONS COMMISSION







James A.

Bridgewater

District

Director

Detroit

Office



_________________________



1 47 U.S.C. § 503(b)(5)

2

47 U.S.C. § 302(b)

3

47 C.F.R. §§ 2.803(a)(1), 2.815(b)

4 See 47 C.F.R, §§ 95.603(c), 2.803

5

47 C.F.R. § 95.655(a)



6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000



7

See 47 C.F.R. § 1.80(b)(3)

8

See 47 U.S.C. §§ 401, 501, 503, 510

9

P.L. 93-579, 5 U.S.C. § 552a(e)(3)

10

18 U.S.C. § 1001 et seq.






</p>